Misdiagnosis is a type of medical malpractice that occurs when a physician’s negligence leads to an incorrect diagnosis or delayed diagnosis that causes harm to the patient. It is important to note that misdiagnosis malpractice involves more than simply incorrectly diagnosing or delaying the diagnosis of a condition. To demonstrate malpractice, your attorney must prove medical negligence has occurred.

There are three main factors in proving misdiagnosis medical malpractice. The first is to prove that a doctor-patient relationship actually existed. The second is proving that the doctor was negligent in the misdiagnosis because he or she did not provide reasonable and competent care. Lastly, your medical malpractice lawyer must show that this negligence caused harm. Errors can occur even when doctors provide reasonable and competent care, so demonstrating that the care provided was not competent is a crucial part of the case.

Does your misdiagnosis meet the criteria for medical malpractice? Call Pegalis & Erickson, LLC at (516) 684-2900 to discuss your case with a medical negligence lawyer serving Long Island and determine if you are eligible to seek compensation.

A medical mistake can have tragic consequences, including birth injuries that can result in permanent disability. But far too often, parents are told that birth injuries or maternal injuries were inevitable; that there was simply nothing the doctors could have done. If you, your partner, or your child may have been affected by medical malpractice, you do have the right to know what happened.

The hospital staff won’t always be forthcoming with the facts, which is why families might turn to a medical negligence lawyer for help. A lawyer can request medical records and review the case, perhaps with the help of a medical consultant. A lawyer can also help families affected by medical mistakes seek compensation for their loved ones’ injuries.

At Pegalis & Erickson, LLC, we have devoted our lives to defending the legal rights of families who have been affected by medical malpractice in Long Island, New York and beyond. We firmly believe that families have the right to know what has happened when a loved one is affected by medical negligence. If you’re looking for answers about possible medical malpractice, call us today at (516) 684-2900.

One of the most common forms of medical negligence is hospital-acquired infections, also known as nosocomial infections. Nosocomial infections are defined as any infection that develops after admittance to a hospital for any reason other than the infection. The infection may develop while the patient is still hospitalized, up to three days after the discharge, or up to 30 days after an operation. The most common types of nosocomial infections are urinary tract infections, bacteremia, and pneumonia. The problem with these all-too-common infections is that they can become life-threatening very quickly, given that patients tend to be in an immunologically-weakened state when undergoing treatment in a hospital. Each year, 20,000 people die of nosocomial infections, and many more experience long-term complications from these infections.

If you suspect that medical malpractice may have played a role in your infection, you should contact a medical malpractice attorney for guidance. The medical malpractice lawyer will investigate the possible causes of the infection and determine whether medical negligence is at fault for the infection. For instance, he or she may discover that a member of the surgical team failed to adhere to patient safety protocols, resulting in the introduction of germs to the surgical site. Failure to diagnose and treat infections may also provide the basis for a lawsuit. A medical malpractice lawyer can help you or a loved one seek reparations for infections and their complications.

At Pegalis & Erickson, LLC, we’ve made it our life’s work to serve as effective patient advocates for those affected by medical malpractice. You can contact our malpractice law firm in Long Island, New York at (516) 684-2900.

When you hire a New York medical negligence attorney to work on your medical malpractice case, one of the first steps he or she will take is to determine which parties might be named as defendants in the lawsuit. For medical malpractice cases, the defendants are usually physicians, which can include internists and cardiologists,obstetricians, surgeons, or other medical specialists who treated the patient, and hospitals or clinics. However, any healthcare professional may be held responsible for acts of medical malpractice, including nursing staff.

Types of Nursing Errors

Physicians may be responsible for most diagnoses and treatment recommendations, but nurses interact with patients much more frequently. Because of this, there is significant room for error. If a patient has a sudden medical emergency, it is the responsibility of the attending nurse to identify the signs of distress and respond appropriately. One type of nursing error is the failure to monitor the patient properly and notify the attending physician that the patient needs assistance. Another example of nursing malpractice involves medication errors. Although a doctor may order a prescription, it is the nurse’s responsibility to administer it to inpatients. Nurses might be found negligent for administering the incorrect medication, failing to administer any medication at all, giving the patient the wrong dosage, or injecting the medication improperly.

Evidence of Nursing Malpractice

Like physician malpractice, nursing malpractice claims must be substantiated with evidence. Physical evidence may include the patient’s medical records or the nurse’s patient notes. In some cases, it may be appropriate for a medical malpractice lawyer to call an expert witness to the stand, who will likely be another nursing professional. This healthcare provider may testify that the defendant nurse deviated from the standard of care and that this directly led to the patient’s injuries.

Pegalis & Erickson, LLC continues its longstanding tradition of serving as effective patient advocates for individuals who have been affected by medical malpractice in Long Island, New York. Our medical negligence lawyers work closely with each client to help him or her navigate the legal system. To request a complimentary review of your case, give us a call today at (516) 684-2900.

When a doctor makes a mistake, it sometimes can result in a medical malpractice claim for an injury to the patient. Medical malpractice occurs whenever a health care provider is negligent (makes a mistake) in performing his or her duties and that negligence injures a patient. If you have been hurt by something a doctor, nurse, hospital, or pharmacy did or failed to do, contact a medical malpractice lawyer right away. Keep reading to learn more.

Serious Injury

Medical malpractice often involves serious injury. While some physician errors are not noteworthy, many instances of medical negligence result in severe health conditions—or even death. For example, physician mistakes during childbirth can result in physical injuries at birth like Erb’s palsy (nerve damage to the arm). Doctors sometimes operate on the wrong body part, give a patient the incorrect type of blood, leave surgical instruments in bodies, and prescribe the wrong medicine or the wrong amount of medicine.

Causal Link

Doctors make mistakes every day, just like everybody else. For a physician’s mistake to have legal effect, it must be the cause of a patient’s injury. For example, medical malpractice does not occur if a doctor prescribes the incorrect medication to treat a patient’s cancer, and the patient breaks her ankle on the way to pick up the medicine. For personal injury lawyers to seek compensation, they must be able to conclusively link a physician’s error to the exact injury that resulted.

Proper Compensation

When physicians commit malpractice, the injured parties are compensated. As your medical malpractice attorney will advise you, you can be paid financial damages for any injury or hardship resulting from that injury. Damages often include medical bills, missed time from work, loss of future compensation, and pain and suffering.

If you have been hurt because of a health care provider’s negligence, contact Pegalis & Erickson. Our malpractice law firm on Long Island, New York has experience successfully advocating for patients’ rights to compensation. To speak to a New York medical malpractice lawyer about your case, call (516) 684-2900 today.

A malpractice law firm on Long Island, New York, regularly handles claims of medical malpractice stemming from a delayed diagnosis. A delayed diabetes diagnosis involves identifying the disease too late, which can have adverse consequences for a patient’s health.

When diabetes is diagnosed too late to properly treat the illness and its symptoms, the situation can constitute medical malpractice. As a New York medical malpractice lawyer knows, diabetes sufferers can languish with the disease for an average of nine to 12 years before it is diagnosed. Half of diabetes patients develop serious complications, including blindness, amputation, and kidney failure, because of medical negligence or medication errors stemming from their failure to timely diagnose. Untreated diabetes also provokes lesser symptoms such as increased thirst, weight loss and blurred vision.

If you or a loved one wants to learn more about medical malpractice or determine if you have a legal claim, contact the Long Island, New York office of Pegalis & Erickson today. Our experienced medical malpractice attorneys will speak to you at no cost about your potential case. Call (516) 684-2900 today.

Although healthcare providers may be perceived as being infallible, they can and frequently do make mistakes. Sometimes, those mistakes can lead to serious or even life-threatening consequences, such as a missed diagnosis that delay crucial treatment. One of the elements of medical malpractice is a breach in the standard of care. In other words, a doctor may be liable for medical negligence when he or she deviates from the normal protocol for a particular situation. This can lead to a delayed or misdiagnosis, such as when a doctor fails to order an imaging scan in a situation in which it is medically indicated. There are a few steps you can take to reduce your risk of delayed diagnoses and other forms of medical malpractice.

Provide as Much Information as You Can

When it’s time to visit a healthcare provider, take a few minutes to write down important information. Providing your doctor with a written list of your symptoms can minimize the possibility of a missed diagnosis. Make a note of when your symptoms developed, whether they have worsened, and whether they seem affected by external factors, such as physical activity or meals. Additionally, it’s important to update your medical records each time you visit the doctor’s office. Let your provider know if you began taking a new medication, if you were diagnosed with any new conditions, or if there are any changes to your family medical history.

Speak Up If You Have Questions

Even if your doctor appears to be in a hurry to see other patients, you’re well within your rights to ask as many questions as you need to fully understand your situation. Ask what could be causing your symptoms, whether you should undergo any medical tests, and if so, when you can expect the results.

Seek a Second Opinion

It isn’t always necessary to get a second opinion; however, you shouldn’t hesitate to do so if you feel that your doctor is dismissive of your symptoms. You can also seek a second opinion for major medical issues, such as a suspicious lump or when a major surgery is recommended.

If you believe you were affected by misdiagnosis, you can contact the medical malpractice team at Pegalis & Erickson, LLC. For more than 40 years, our malpractice law firm in Long Island, New York has been representing patients and their families. Call (516) 684-2900 to schedule a consultation with a medical malpractice attorney today.

Despite advances in medical technology and knowledge, it is possible for patients to sustain injuries because of anesthesia errors. These types of medication errors may be attributable to medical malpractice. Injuries can result when the anesthesiologist administers too little medication or too much medication. Injuries can also occur if the provider fails to monitor the patient properly or fails to recognize developing complications. Serious injury can occur if the patient is improperly positioned, is intubated improperly, or is not provided sufficient pre-operative instructions.

A wide range of injuries may occur because of medical malpractice during surgery. Problems related to the anesthesia can include permanent brain damage caused by oxygen deprivation. Sometimes, this may even result in wrongful death. Other possible injuries include damage to the larynx, nerve injury, respiratory distress, and severe allergic reactions.

The medical negligence lawyers at Pegalis & Erickson, LLC are pleased to offer effective legal advocacy services for patients who have sustained anesthesia-related injuries as a result of medical malpractice. Call (516) 684-2900 to get in touch with a medical malpractice attorney in Long Island, New York.

A traumatic brain injury (TBI) can be a life altering health matter. If it isn’t properly diagnosed and treated because of medical malpractice, patients risk additional complications. It’s important for patients and their families to be able to advocate for their own well-being by learning to recognize the symptoms of a possible TBI. Immediately after the injury is sustained, patients may experience loss of consciousness, dizziness, confusion, disorientation, nausea, and vomiting. Headaches, drowsiness, sensitivity to light and sound, and blurry vision are also possible.

As time passes, patients may notice additional symptoms and complications, particularly if the brain injury was severe. These can include physical symptoms such as seizures, persistent headache, and loss of coordination. They might also include cognitive symptoms such as severe confusion, abnormal behavior, and communication impairment.

Have you or a loved one suffered brain injuries in Long Island, New York as a result of medical malpractice? Contact the personal injury lawyers of Pegalis & Erickson, LLC at (516) 684-2900 and let us know how our malpractice law firm can assist your family.

Every day, countless families eagerly await the birth of a child. But for some families, a child’s birth may also mean coping with serious birth injuries. Birth injuries can sometimes be the result of medical malpractice, such as when a medically indicated C-section is delayed causing permanent brain damage due to oxygen deprivation. If your child was diagnosed with birth injuries, you should know that you do have legal rights. Even if you aren’t sure whether your child’s diagnosis was the result of medical malpractice, you can contact a personal injury attorney for more information.

Obtaining Your Medical Records

Under the Health Information Portability and Accountability Act (HIPAA), you have the right to obtain a copy of your medical records. With a few exceptions, healthcare providers are required to provide copies of medical records upon request within 30 days. If the medical records are not available within 30 days (or sooner, depending on state law), the provider must give a reason for the delay. If you believe your right to access your medical records is being interfered with, a medical malpractice lawyer can file a HIPAA Privacy Rule Complaint.

Getting a Second Opinion

It’s every patient’s right to obtain a second opinion. If your child was injured during birth, you can take him or her to a different pediatrician or another health care specialist. If you already have the medical records by this point, it’s a good idea to bring them with you to have the other doctor assess them.

Consulting a Medical Malpractice Lawyer

Another legal right patients have is the right to consult a medical malpractice attorney. You can schedule an initial consultation to have your case reviewed, even if you aren’t sure whether medical negligence played a role in your child’s injuries. Scheduling a consultation does not obligate you to file a claim; however, you can explore your options for legal recourse.

In the wake of a serious diagnosis, it can be difficult for families to know which steps to take next. At Pegalis & Erickson, LLC, our birth injury lawyer in Long Island, New York can help families understand their legal rights and options. Families of children diagnosed with birth injuries are invited to call us at (516) 684-2900 to schedule a case review.