• Spotlight on Common Medical Negligence Risks in 2017

    Medication errors, birth injuries, and delayed diagnoses are all common types of medical malpractice that probably won’t ever be eliminated entirely. Improvements in hospital protocols and medical technology can help manage some of the risks. But unfortunately, advanced technology also opens the door to new types of medical negligence. Here are some of the top risks to watch out for during 2017.

    Electronic Heal th Records (EHRs)

    The days of paper patient charts are officially over. These days, doctors are more likely to consult a laptop or iPad in the exam room. Electronic health records (EHRs) document, manage, and share patient information in real time with other authorized users. This means that a patient’s lab results can be made instantly available to his or her primary care physician. When used properly, EHRs can be highly effective in coordinating a patient’s care. Unfortunately, not all doctors are adapting well to the digital age. If a healthcare provider has access to a patient’s EHR, but fails to refer to the vital information included in it, it’s possible to make a crucial error. For instance, the doctor might prescribe a medication a patient is allergic to or which is incompatible with other medications the patient is taking.

    Patient Identification
    Despite technological advances, errors in patient identification are still among the most common types of hospital negligence. When the wrong information is attached to the wrong patient record, it’s possible for doctors to administer incorrect treatment or even to perform the wrong sort of surgery. Hospitals have a responsibility to take reasonable preventive measures, such as by implementing strict registration desk protocols. Hospitals are also responsible for verification of patient’s identity wrist bands prior to administration of medications.

    Here at Pegalis & Erickson, LLC, we understand the confusion and mixed feelings that can follow an act of medical malpractice in New York. Our professionals can help you understand the issues involved with your case, and sort through your options for legal recourse. Call us at (516) 684-2900.

  • Recognizing Instances of Hospital Malpractice

    Medical malpractice can have life-altering consequences for patients. An attorney can help affected patients pursue the compensation they need to move forward with their lives. It’s possible to name a hospital as a defendant along with one or more healthcare providers. For instance, a medical malpractice lawyer may present evidence that shows the hospital was negligent in failing to staff sufficient numbers of qualified healthcare personnel.

    This act of hospital malpractice can be particularly serious in the emergency department. If there aren’t enough ER doctors, or the ER doctors aren’t adequately qualified, substandard treatment or delays in treatment can jeopardize a patient’s health. A hospital might also be found liable for neglecting to refer patients for follow-up care with their primary doctors or a specialist.

    Patients who have been affected by acts of medical negligence near New York are invited to contact Pegalis & Erickson, LLC at (516) 684-2900. We are a malpractice law firm committed to empowering patients and their families.

  • How Birth Injuries Can Affect New Mothers

    Birth injuries are a particularly tragic type of medical malpractice. It’s devastating to learn that a child will have a lifelong disability before he or she has a chance to enjoy childhood. Sometimes, new mothers are also affected by injuries during labor and delivery, and these can be fatal. After a wrongful death, families need answers and they deserve justice. A wrongful death lawsuit may be appropriate for some cases of maternal death.

    Causes of Wrongful Death of the Mother

    Despite the advanced healthcare system in the U.S., this country has the worst record for maternal deaths among developed nations, and more than half of those deaths are preventable. It’s possible for new mothers to suffer a fatal medical problem before going home from the hospital, but many of them die days or even weeks afterward. Some experts suspect that one reason for this is that the increased attention on the well-being of the newborn corresponds with a decrease in attentive care of the mother. As a result, hundreds of new mothers in the U.S. die from the following:

    • Heart problems, including cardiomyopathy
    • Massive postpartum hemorrhage
    • Infections
    • Preeclampsia (pregnancy-induced hypertension)
    • Blood clots

    Elements of a Maternal Death Case
    Every civil lawsuit must have certain elements present to proceed. In maternal wrongful death cases, it must be proven that the mother’s death was the result of medical malpractice, and the surviving family has suffered losses as a result of the wrongful death, which can include loss of financial support, household services, love, and guidance. It’s possible for a lawyer to file the lawsuit against multiple parties, which may include the hospital, obstetrician, nurses, and other physicians who rendered negligent care and treatment.

    Consequences of Maternal Death
    The death of a new mother is an unimaginable tragedy. The child will never have the opportunity to know his or her mother, and the other family members must cope with caring for a newborn in the midst of their grief, as well as their own individual loss. Nothing can make this situation better, but a lawsuit can give the family a sense of justice, as well as compensatory damages for medical expenses, funeral expenses, and loss of support and companionship.

    Pegalis & Erickson, LLC offers our sincere condolences to families affected by wrongful death. There is nothing that can bring your loved one back, but you may wish to pursue justice with a wrongful death lawsuit filed in New York. Call (516) 684-2900 and let us know how we can help your family.

  • What to Do When It’s Time to Switch Doctors

    There are many reasons why patients decide to end their relationships with their current doctors. Consistently long wait times, difficulty getting appointments, and frequent prescription refill errors are just a few of the most common. Other patients decide it’s time to switch if they no longer trust their doctor to provide sound medical guidance, or if the patients suspect they’ve been harmed by medical malpractice. When it’s time to make a change, find a new doctor you prefer before completely cutting ties with your old doctor’s office.

    Find a new doctor.
    Doctors typically have heavy patient caseloads, and not all of them accept new patients. Additionally, a new doctor you’re thinking of switching to might not necessarily accept your health insurance. Before leaving your current doctor, make some phone calls to confirm that you could be accepted as a patient elsewhere. Once you have a few possibilities, do some background research. Find out if the doctor has ever been the subject of a medical malpractice lawsuit. If you have special medical concerns, such as a chronic disease, consider looking for a doctor who emphasizes that area of medicine. Seek out referrals and recommendations from family, friends, and medical care professionals you are being treated by.

    Schedule one last appointment.
    If you’re in good overall health, you might not necessarily need to see your old doctor one last time. But if you’ve been on long-term medications or have conditions that require monitoring, you should schedule one last check-up with your old doctor to get a status update on your health. There’s no need to discuss your plan to change doctors.

    Get copies of your medical records.
    At your last appointment, request a physical copy of your medical record and once you set up an appointment with your new doctor, have your records digitally transmitted to your new doctor’s office. Patients have the legal right to access their own medical records.

    Schedule a wellness exam with your new doctor.
    It’s best to see your new doctor for a quick check-up for the first time, rather than waiting for a problem to develop. Make sure your new doctor has received your medical records. Discuss ongoing medical management of your conditions, if applicable. Before you leave, check with the office staff about their policies, such as scheduling and cancellations.

    Pegalis & Erickson, LLC is committed to providing effective legal advocacy services for patients who have been affected by medical negligence in New York. We offer the resources of a large firm, with the personalized service and courteous attention of a boutique firm. Call (516) 684-2900 to request a free medical malpractice case review.

  • Prostate Cancer Awareness

    This September, you might notice blue ribbons around your town. These signify National Prostate Cancer Awareness Month, which is the second-most common cancer in American men, after skin cancer. Since prostate cancer often doesn’t cause symptoms until the disease is already advanced, it’s necessary for doctors to recommend screening tests as appropriate. Not all doctors stay on top of recommendations for screenings, which, in some cases, may form the basis for a medical malpractice lawsuit. However, you can protect your health by being proactive and asking your doctor about getting screened.

    There are two main screening tests. The first is the prostate specific antigen (PSA) test, which is a simple blood test. The second is a digital rectal exam (DRE), which involves feeling the prostate gland to check for abnormalities and assess its size. Confirming a diagnosis of prostate cancer requires more tests, including imaging scans and a biopsy.

    Pegalis & Erickson, LLC welcome requests for case reviews regarding medical malpractice on Long Island, New York. Call (516) 684-2900 if you think you or a loved one may have suffered ill effects from a delayed diagnosis of prostate cancer.

  • Protecting Your Health at a Pre-Anesthesia Visit

    Any sort of surgery requires thorough preparation. Undergoing anesthesia has risks as well as complications. While sometimes the anesthesiolgist may meet the patient a few days before surgery, it is not the norm. Today it is common that the first time a patient meets the anesthesiologist is just before the operating room.

    In either case, it’s essential not to skip over important health information. Make sure that your medical team knows about any allergies and your reactions to medications in the past. During pre-operative testing, make sure all chronic diseases are listed, as well as all medications being used. If there are any issues when planning to have elective surgery, it’s possible to reschedule the surgery while awaiting additional tests to ensure safety. If the surgery is for a child, be sure to request a pediatric anesthesiologist!

    Your anesthesiologist needs your full medical history. Specifically, he or she needs to know if you’ve ever had general anesthesia before, and if so, whether you had a reaction to it. Disclose any recent changes to your health, recent surgeries, recent hospital admissions, medical conditions, and medications.

    Pegalis & Erickson, LLC are leading patient advocates who handle surgical malpractice cases on Long Island, New York. Call our malpractice law firm at (516) 684-2900.

  • Is Labor Induction Dangerous?

    Labor induction is sometimes required if delaying birth could be dangerous to you or your child. In some pregnancies, a doctor may recommend labor induction for convenience, especially if you live far from the hospital. Although labor induction is a common procedure, it does carry risks. When medical mistakes are made before or during induction, those risks increase for both you and your child. Here are some risks of labor induction:

    Increased Need for C-Section
    After labor induction, the risk of needing a C-section increases. First-time mothers whose cervixes have not dilated appropriately may need a C-section after induction. Having a C-section introduces more risks into the delivery and recovery process, including an increased risk of infection for both you and your baby. It also extends the time it takes to recover from giving birth.

    Reduced Heart Rate
    When labor is induced, the medication used can cause many contractions. In addition to being painful, having too many contractions can lower your baby’s heart rate by reducing the supply of oxygen to the baby’s brain. Low heart rate and low oxygen levels can lead to birth injuries and other complications that can have lifelong effects for your child if there was a lack of proper medical monitoring and treatment.

    Increased Risk of Post-Delivery Bleeding
    Inducing labor increases the risk of a serious condition called uterine atony, which causes dangerous hemorrhaging. Uterine atony occurs when the uterus doesn’t contract properly after giving birth. Labor induction increases the risk of uterine atony which happens more often after induction. Do you think you experienced an avoidable complication during labor induction? Do you believe your labor was unnecessarily induced, putting you at risk? Contact our experienced medical malpractice attorneys in New York at Pegalis & Erickson, LLC. If you have concerns please call us at (516) 684-2900.

  • Reasons for Planned and Unplanned C-Sections

    Many expecting mothers look forward to their due dates with as much apprehension as excitement and joy. The experience of welcoming a child into the world is unlike any other, but there are so many things that can go wrong. In some cases, the obstetrician, midwife, or attending nurses may neglect to recommend a cesarean section when it is medically necessary. There is no substitute for quality medical care, and the consequences of medical malpractice can change a child’s life forever.

    Planned C-Sections
    Planned C-sections are those that are scheduled before labor begins. An obstetrician may recommend a planned C-section for the following reasons:

    • Breech position
    • Pregnancy with multiples
    • History of prior C-sections
    • Increased risk of uterine rupture

    Planned C-sections might also be recommended when the mother has an infection that could be transmitted to the baby if he or she is born vaginally. In other cases, maternal health conditions are at risk of becoming severe during the stress of labor and childbirth. One common example is heart disease.

    Unplanned C-Sections
    Women who go to the hospital expecting to have a vaginal birth might still need to have a C-section due to unexpected complications. Emergency or unplanned C-sections may be needed for the following reasons:

    • The baby is too big
    • Labor is prolonged, difficult, or stops
    • The baby shows signs of distress, such as heart rate abnormalities
    • Complications affect the umbilical cord

    Delayed C-Sections
    A delayed C-section is when the attending medical staff fails to perform a C-section in a timely manner when it is apparent that the procedure is medically necessary to safeguard the health of mother and baby. This type of medical malpractice can result in birth injuries, such as physical injuries to the baby and an increased risk of developmental delays. For instance, the delay in performing a C-section can cause a disruption in the flow of oxygen to the baby. If the baby’s brain is deprived of oxygen, he or she can quickly begin to sustain brain damage. This can result in disorders like cerebral palsy.

    Here at Pegalis & Erickson, LLC, we understand the devastating effects of medical malpractice on a family. If your family has been affected by birth injuries at a hospital near Long Island, New York, you can reach out to our malpractice law firm to let us know how we can help you. Call (516) 684-2900 for more information.

  • How Men Can Become Self-Advocates for Their Health

    Each June, health advocates across the country celebrate Men’s Health Month. This awareness month is intended to empower men to become effective self-advocates. Men—and women—often trust the opinions and advice of their doctors without question. Trust may be a good quality in certain situations, but when it comes to healthcare, raising questions and seeking second opinions can be essential for preventing the consequences of medical malpractice.

    Schedule a wellness exam.
    Men tend to not see the doctor when they’re healthy (or even when they’re sick). But preventive wellness is a cornerstone of good health, and wellness exams are an important part of that. If it’s been a while since you saw your doctor, make an appointment right away for an annual exam. Your physician will assess your overall health, look for warning signs of medical problems, and counsel you about your lifestyle.

    Know your risk factors.
    During your wellness exam, you’ll be asked lots of questions about your personal and family medical history. This information helps your doctor assess your risk factors of problems like heart disease and cancer. Unfortunately, not all doctors will take the time to tell you what your medical history reveals. Take the initiative to ask about the problems you may be at risk of developing. Your risk factors will also be based on your typical diet, level of activity, and occupation.

    Get screened. Each wellness exam includes a check of your weight, pulse, and blood pressure, but you may need additional health screenings. Don’t assume that your doctor will let you know when it’s time for a cholesterol test, skin cancer screening, colonoscopy, or diabetes test. Be a proactive self-advocate by asking your doctor if you could benefit from having any health screenings, based on your age and other risk factors.

    Pegalis & Erickson, LLC is a medical malpractice law firm on Long Island, New York. Our medical malpractice attorneys have been providing effective legal advocacy services for our clients for more than 40 years. If you have concerns that you may have been affected by medical malpractice, please don’t hesitate to call us at (516) 684-2900.

  • Reducing the Risk of Birth Injuries

    Birth injuries can have lifelong consequences for parents and kids alike. Although some birth injuries are not preventable and some are caused by medical malpractice, it is possible to take steps to reduce your child’s risk of experiencing this kind of injury. If your child is injured during birth and you suspect that medical negligence played a role, contact a medical malpractice attorney to discuss your case. During your pregnancy, take these steps to reduce the chance of birth injuries.

    Get Regular Prenatal Care
    Prenatal care is essential for a healthy pregnancy, labor, and delivery. During your checkups, your doctor can ensure your pregnancy is proceeding as expected and identify any signs of complications that could interfere with a healthy delivery. For instance, if you are diagnosed with preeclampsia, then your doctor will provide treatment to protect you and your baby from the potential complications of that condition. If your doctor fails to identify a potential complication such as gestational diabetes or elevated blood pressure, and provide proper treatment to void a birth injury, contact a medical malpractice attorney to see if the mistake could be classified as medical malpractice.

    Have Screening Tests
    There is a range of screening tests that can be used during pregnancy to determine if you and your baby are progressing towards a healthy delivery. Attend all of your recommended ultrasound appointments and have any medical tests requested by your doctor. If your doctor diagnoses developmental problems with your baby during an ultrasound, determines that your baby is not in a safe position for birth, or diagnoses a medical problem through another kind of testing, he or she can take precautions during the delivery process. If you doctor doesn’t diagnose a problem that should have been clear from these diagnostic procedures and your child later experiences a birth injury, then medical negligence could be to blame.

    Maintain a Healthy Lifestyle
    Some lifestyle choices you make during pregnancy, such as smoking or gaining more weight than is recommended, could increase your child’s chance of having a birth injury. Be sure to follow your doctor’s recommendations so you can have the best chance of a healthy delivery.

    At Pegalis & Erickson, LLC, we understand how confusing and stressful life can be in the aftermath of a birth injury. Our medical malpractice lawyers are here to help you decide what steps to take to protect your child’s future. To find out more, please call (516) 684-2900.