The following is our formal comment to the widespread news reports about a recent study by researchers at Johns Hopkins Medicine, and their open letter to the CDC asking that medical errors be listed and ranked as the third leading cause of death in the United States. The reports highlighted the lack of tracking and reporting of vital statistics that can hinder research and has kept problems out of the public eye.

The debate over how (and how often) medical errors cause harm has been politicized for decades, with the messaging largely controlled by insurance and medical establishment interests. What is often lacking, however, is data, based on science, to define the problem. This new (Johns Hopkins) study appears to address that gap and sheds a little light on the issue. As lawyers who devote our careers to representing individuals and families whose lives have been sidetracked by medical negligence, we are well aware of the medical community’s propensity to sweep these questions under the rug. That community should stop blaming injured patients and the civil justice system for its own shortcomings, should put its house in order, and should accept accountability for injuries and death caused by negligent conduct. Pegalis & Erickson, Attorneys at Law.

Physicians aren’t the only people that may be named as defendants in a medical malpractice lawsuit. In some cases, the hospital may be held responsible for medical negligence. For example, a lawyer at a malpractice law firm may seek to prove that the hospital failed to have adequately qualified healthcare providers on staff. Or that the hospital granted privileges to physicians who were unfit which led to avoidable patient injuries.

A key question to consider is whether the healthcare provider who allegedly committed medical malpractice was an employee of the hospital. For example, birth injuries may develop after a negligent delivery performed by a non-employee obstetrician. If so, the hospital may not necessarily be held liable. There is an exception to this: If medical malpractice was committed by a doctor who appeared to be an employee of the hospital, then the hospital may still be held liable. For example, if a patient is brought to the emergency room in a state of severe distress, he or she may not be informed that the ER doctor is not an employee of the hospital.

With more than 40 years of experience handling complex cases, the malpractice lawyers at Pegalis & Erickson, LLC have the answers to your questions. Patients in Long Island, New York can discuss their medical malpractice case by calling us 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.

In April of 2016, you can join others around the world in recognizing Cesarean Awareness Month. This public awareness campaign was launched for the purpose of educating families about cesarean sections, or C-sections. A C-section is a type of surgery that may be performed when it is considered unsafe for a mother to deliver a child vaginally. If a doctor fails to perform a C-section when required, it can result in serious harm. If your doctor delayed in performing a c-section or failed to perform a c-section and your baby has been injured consider talking to a medical malpractice lawyer.

Failure to Perform a C-Section

It is the responsibility of all medical professionals who are assisting in a birth to recognize the signs of distress that indicate that a C-section may be necessary. In some medical negligence cases, doctors are found to be negligent for failing to perform cesarean sections when there were clear indications of fetal distress. If this results in injury to either the mother or the child, there may be found to have been negligent.

Medical Malpractice in Performing C-Sections

If a doctor performs a C-section and causes harm to either the mother or the child through negligence, they may be charged with medical malpractice. Some of the most common forms of negligence include waiting too long to perform the C-section because of failure to monitor the patient, making avoidable mistakes during the procedure, which can damage the mother and her ability to have future children, and failing to provide the fetus with enough oxygen during the procedure, causing brain damage.

The medical negligence lawyers at Pegalis & Erickson, LLC are devoted to helping families find the answers they deserve. If you feel that the obstetrics staff failed to perform a C-section when it was indicated, or you were harmed during the performance of a C-section, please call us today at (516) 684-2900. A medical malpractice attorney in Long Island, New York, will review your case and help you consider your legal options. Attorney Advertising

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.

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.

A cesarean section, or C-section, has the potential to cause injuries to both mother and child. Sometimes, birth trauma occurs when the C-section is delayed, despite indicators that an emergency C-section is warranted. This can be an example of medical malpractice. Other possible risks of a C-section include damage to the mother’s internal organs or breathing problems of the baby. After a C-section, patients can expect an extended hospital stay and a longer overall recovery time. They can also expect higher medical bills, particularly if additional medical care was required for C-section injuries.

Although recovering from injuries after a C-section is of the highest priority, families may wish to consider talking to a medical malpractice attorney sooner, rather than later. If indeed medical malpractice was to blame for the injuries, families must file a claim before the statute of limitations expires. A settlement or jury award can help families cover the cost of the medical bills, lost wages, and any ongoing care needs of the mother and child.

At Pegalis & Erickson, LLC, our medical negligence lawyers serving Long Island, New York will handle every aspect of your claim so you can focus on your recovery and on caring for your little one. Even if you aren’t sure whether you have a claim, you can call us at (516) 684-2900 for legal guidance.

Life can be dramatically different for individuals who have disabilities, such as those caused by medical malpractice or birth injuries. Disabilities may cause physical hardship, such as chronic pain and mobility impairment, and emotional challenges, including depression and anxiety. Many people with disabilities cannot work or must switch to a different occupation. This can cause financial hardship, which may be further exacerbated by ongoing medical expenses. Individuals with disabilities may need to hire a caregiver, undergo expensive medical treatments, and purchase adaptive equipment.

It can also be difficult for a person with a disability to move about in the community, which is one of the reasons why it’s so important for communities to promote accessibility. This issue is highlighted by the designation of the International Day of Persons with Disabilities, which has been recognized since 1992.

If you or a loved one has developed a disability due to medical malpractice in Long Island, New York, you could consider talking to a personal injury attorney about filing a medical malpractice lawsuit. You can contact the legal team at Pegalis & Erickson, LLC at (516) 684-2900 and let us know how we can help you.

Serious accidents can occur anywhere, yet construction sites are particularly hazardous. Unless strict safety protocols are followed at all times, workers and passersby may be at risk of serious injuries or even wrongful death. Any number of construction site accidents may lead to a wrongful death lawsuit, such as falls from an elevation, exposure to toxic substances, and impacts from falling objects, just to name a few. With the help of a construction accident lawyer, individuals can explore their options for securing compensation for their injuries and other losses.

Bone Fractures

Bone fractures are one example of a serious injury that may result from a construction accident. A simple fracture may force a construction worker to be out of work for weeks while recovering. A more serious fracture—such as an open fracture in which the bone is exposed or protrudes through the skin—can involve steep medical bills and a prolonged recovery time. Additionally, patients may be at risk of complications of open fractures, such as blood clots, infections, and poor healing of soft tissues and bone.

Brain Trauma

On a construction site, workers and supervisors are supposed to wear hardhats to protect the delicate brain from injury. Yet, this basic type of safety equipment may not always be provided, leaving workers vulnerable to traumatic brain injuries (TBIs). A TBI may occur when a worker falls from scaffolding or another elevated surface, or is struck on the head by falling construction debris. In severe cases, brain injuries can result in lifelong disability and significant functional impairments that reduce quality of life.

Eye Injuries

Eye injuries are another possibility on a construction site. Construction workers who are not provided with proper safety goggles may sustain eye injuries from airborne debris, such as debris created when using power tools. Sometimes, permanent vision loss may occur.

Have you or a loved one been injured or killed in a construction accident? The personal injury lawyers of Pegalis & Erickson, LLC are here to help. Call (516) 684-2900 to schedule a consultation with a construction accident lawyer in Long Island, New York and discuss filing a personal injury or wrongful death claim.