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What is Medical Malpractice
What Distinguishes Us From Other Firms That Handle Medical Cases?
Senior Partner Steven Heimberg is both a PHYSICIAN AND ATTORNEY. This provides numerous advantages, including:
- Better ability to understand medical intricacies;
- Increased ability to maximize medical-care damages;
- Enhanced ability to retain and to prepare medical experts;
- Superior ability to respond (particularly in trial) to unusual or doubtful positions taken by opposing medical experts.
Making a Difference
Heimberg Law Group lawyers have led the fight to change the law in medical cases to make it more fair to the injured victims. Landmark changes engineered by the Heimberg Law Group include:
- Limiting the defendants eligible to benefit from MICRA
- Limiting the scope of conduct covered by MICRA
- Shifting the evidentiary burden for claims of MICRA eligibility onto the defendants
- Limiting the use of arbitration agreements in medical litigation
- Expanding the causes of action available against medical entities
- Using the laws to maximize the amount actually recovered after verdict in medical cases
When you or a family member are ill, injured, or need medical assistance (such as a pregnancy), you are dependent on your doctors, nurses, therapists, hospitals, and the medical community to help you. The vast majority of these healers live up to your trust. Sadly, some do not, and then you are left to live with the consequences of what they did to you or how they failed to protect you.
According to recent studies, as many as 98,000 Americans or more, die each year from preventable medical errors made by hospitals, doctors and other medical professionals (Institute of Medicine; To Err is Human; Building a Safer Health System, 2000). Far more Americans die each year from medical errors than from car accidents (43,458), breast cancer (42,297), or AIDS (16,516).
The law recognizes that a medical professional can make an error. However, a medical mistake becomes medical malpractice whenever the care of a patient falls below accepted community standards and causes a patient’s injury or death.
Common Causes of Medical Malpractice
The types of medical malpractice cases the Heimberg Law Group regularly handles include:
- failure to provide a necessary test;
- failure to inform the patient of the need for a test;
- failure to perform an appropriate evaluation or examination;
- failure to provide necessary treatment;
- delaying the necessary treatment;
- providing the wrong treatment;
- improper follow-up;
- a misdiagnoses;
- a delay in diagnosis;
- performing unnecessary surgery;
- surgical mistakes;
- leaving surgical instruments in the body;
- infections after surgery;
- nursing negligence;
- inadequate staffing, training, or supervision of staff;
- persons performing functions beyond or outside of their training;
- improper drug prescriptions;
- failure to refer to a specialist;
- failure to properly monitor a pregnancy, labor or delivery;
- failure to inform you of benefits and risks;
- intentional neglect.
Medical malpractice claims can be made against doctors, nurses, midwives, therapists, chiropractors, technicians, HMOs, hospitals, clinics, and other medical businesses. However, be aware that there are strict time limits you must meet to file a lawsuit. These time limits are complex and strictly enforced by the courts. It is in your best interest to speak to an attorney as soon as possible.
Reasons to File a Case
You not only deserve to be compensated for your pain and suffering and the loss of enjoyment of life, but, most importantly, you deserve to be free from your new financial hardships. You may no longer be able to work to support yourself and your family, to pay for your mounting medical bills, or afford the extra costs of hiring help to do what you can no longer do around the house. Payment for your or a family member’s injuries or for the unnecessary death of a loved one is often critical to your and your family’s future.
Yet in most cases you will face an army of lawyers, an entire department at an insurance company, and the resources of a mega-corporation fighting you in order to avoid providing you the money you desperately need. In other words, their whole focus is to avoid claims or to settle with you for the least amount of money possible.
Contact Us for a Free Consultation
If you think you or a family member is a victim of medical malpractice, contact us for a free consultation.