Some states have passed laws that limit the amount of money a victim of medical malpractice can be awarded. In Illinois, the limit applied only to damages awarded for pain and suffering, rather than money awarded to compensate victims for medical expenses and other measurable costs. The cap was set at one million dollars for hospitals and $500,000 for awards that find individual doctors liable for the medical mistakes. Fortunately, those limitations were declared unconstitutional by the Illinois Supreme Court. You can watch this video to hear more about the decision. Although the ruling applies to Illinois cases, the decision resonates across the entire country. This video also covers the story of little Abigail, a child who will suffer severe disabilities for her entire life because of a medical mistake.

Have you or a loved one suffered from possible medical malpractice? Call the medical malpractice attorneys of Pegalis & Erickson in Long Island at (516) 684-2900.

Cerebral palsy refers to a group of neurological disorders that cause lifelong problems with muscle movements and coordination.  Often children with cerebral palsy may also have autistic like behaviors. Cerebral palsy is incurable, and can also include  learning disabilities, seizures, blindness, and deafness. Although cerebral palsy can sometimes be caused by genetic mutations, other possible causes include oxygen deprivation as a result of medical malpractice during pregnancy, labor, or delivery. If your young child is diagnosed with autism, autistic tendencies, or cerebral palsy, promptly talk with a medical malpractice lawyer to determine if medical mistakes could be the cause.

Failing to diagnose problems causes life-long harm
A potential cause of cerebral palsy as a result of premature birth is an infection in the mother during pregnancy, referred to as a maternal infection. The infection can cause premature rupture of the membranes and early delivery.  Obstetricians have a responsibility to diagnose problems such as these. Failure to diagnose is often the basis of a medical malpractice lawsuit. A doctor may also be held liable for failing to diagnose a prolapsed umbilical cord. An attending nurse may be held liable for failing to monitor the fetal heart rate throughout labor and delivery. An abnormal fetal heart rate can indicate problems with the child that require prompt medical responses.

Failing to Quickly and Accurately Provide Treatment
Diagnosing a mother and child’s potential problems that can lead to cerebral palsy is only one part of the equation. Medical care teams must administer proper treatment to prevent permanent brain damage. Failing to do so can constitute medical malpractice. For example, if a nurse properly monitors the fetal heart rate and detects a problem, the obstetrician is responsible for performing a timely, correct C-section to prevent a child from suffering damage. Failing to perform a C-section or delaying a medically necessary C-section can lead to cerebral palsy. These medical mistakes are often allegations in medical malpractice lawsuits.

For forty years, the medical malpractice attorneys of Pegalis & Erickson have taken the responsibility of helping children with the lifelong implications of cerebral palsy. Our medical malpractice team will work tirelessly on your behalf to ensure your family receives the compensation you need to care for your child. Families of Long Island and throughout the U.S. can call (516) 684-2900 to arrange for legal representation.

There’s a good reason why people suffering medical injuries work closely with medical malpractice lawyers rather than trying to handle the case themselves, or entrusting their case to someone without the proper experience.  Not only is timing important, but the law for medical/legal issues are highly complex and sometimes difficult to understand. Your medical malpractice attorney can help you understand how the litigation process works and explain any unfamiliar terms to you.

Statute of Limitations
Each state in the USA has  different statutes of limitations for various types of lawsuits. A statute of limitations is a set period of time in which a person can file a claim, or a lawsuit. Beyond that period of time, a person loses the right to file a claim?

Parties
The parties are the individuals or organizations involved in a lawsuit. If you file a medical malpractice lawsuit, you are the plaintiff. The parties you are suing are the defendants. For example, your legal action could name a specific doctor and  an entire hospital as the defendants. A lawsuit may have multiple defendants and plaintiffs.

Liability
After filing a lawsuit, your medical malpractice lawyer will try to prove that the defendants are liable for medical mistakes. Liability means that an individual is at fault for a mistake. When a jury rules in favor of a plaintiff, the defendants are found to be liable.

Standard of Care
The standard of care is the generally accepted protocol for the diagnosis and treatment of a patient. That is, most medical professionals would agree to it. Medical malpractice lawyers often prove that defendants have breached the standard of care, or have failed to provide it. A breach in the standard of care is medical negligence, for which a healthcare provider  may be held liable.

At Pegalis & Erickson of Long Island, our medical malpractice lawyers will walk you through each step of the litigation process and thoroughly answer all of your questions.  We work only with plaintiffs/patients and our team has four decades of experience advocating for the rights of those who have suffered due to medical mistakes. Call our medical malpractice law firm today at (516) 684-2900 to arrange an initial consultation.

The medical standard of care is often a critical component of a medical malpractice suit. This term refers to how the medical staff provided care when the patient received treatment for a condition. To determine if the healthcare provider acted in a way that caused a medical concern for the patient, the court or judge must first find out what would have been the normal standard of care for that particular circumstance. As a result, another physician or medical expert may be asked to explain what he would have done in the same situation. If the judge or jury determines that the healthcare provider named in the suit departed from the expected standard of care, and the patient suffered his injury or illness because of it, the judge or jury may decide that it was medical malpractice.

Medical malpractice can lead to serious health complications and financial worries. That’s why Pegalis & Erickson offers expert help for medical malpractice victims. If you live on Long Island, call (516) 684-2900 to speak with one of our medical malpractice attorneys. 

When a case is brought to court on behalf of a medical malpractice victim, the suit may involve both economic and non-economic damages. Economic damages address the financial consequences of negligence, such as unnecessary medical bills or lost wages. Non-economic damages address the other components of medical malpractice, such as emotional distress, pain and suffering, and damages to the next of kin in wrongful death cases. Back in 2003, a Florida law limited non-economic damages to $500,000 — $1 million dollars per each wrongful death/medical malpractice case, depending on the number of claimants.  Recently, however, the Florida Supreme Court held that a cap on wrongful death non-economic damages is unconstitutional. 

How Recent Ruling Changes Future Medical Malpractice Outcomes

With this change to the regulations of Florida wrongful death medical malpractice suits, medical malpractice attorneys can now ask for damages that truly reflect the harm inflicted on medical malpractice victims and their loved ones. Though no monetary figure can equal the pain and suffering that a victim’s injury, illness, or death may produce, medical malpractice lawyers can now seek a sum that mirrors the substantial loss that the plaintiffs may experience as a result of the negligence of a doctor or other healthcare provider.

What This Ruling Means for Medical Malpractice Victims

Though economic damages can help alleviate the financial costs of medical malpractice, they do not reflect pain and suffering, loss of enjoyment of life, and emotional injuries.  This ruling means that survivors of someone who died due to medical negligence will be treated the same under the law as those who lost a loved one as a result of any other type of negligent act. Now compensation will be awarded whether the death was caused by a medical care provider, a malfunction of a product, or by a negligent driver.  Pegalis & Erickson can help you receive the financial damages owed to you because of medical malpractice. To learn more about your rights as a medical malpractice victim, call us at (516) 684-2900. Our Long Island-based medical malpractice attorneys can guide you through your legal options. 

Many people think of a hospital as the haven where they can find relief from their medical problems. However, studies indicate that hospitals may not be as safe as some individuals assume them to be. Medical malpractice accounts for thousands of deaths each year. If you require medical treatment, the following tips can help ensure that you leave your hospital healthier than when you enter it. 

Research Your Options

Consumer Reports recently chronicled the reality of hospital care in the United States. The publication discussed several independent studies that researched the number of deaths caused by medical mistakes. Though they vary in number, the research estimates that thousands of people die due to oversights and errors made by medical staff. However, the number of medical malpractice-related fatalities varies according to the capabilities of different hospitals. For instance, reputable hospitals tend to experience fewer medical mistakes. Therefore, finding a well-ranked facility can potentially save your life.

Discuss Your Treatment

Once you choose a hospital, make sure you talk to each member of your medical team about your treatment. Some medical mistakes can be made through communication errors between doctors, nurses, and other medical professionals. Other mistakes occur simply because a medical expert fails to carry out the duties expected of him. When you engage your medical team about your treatment, make sure they are knowledgeable and consistent about your care needs.

Utilize Your Loved Ones

Depending on the nature of your condition, you may have to interact with dozens of different medical professionals, each of whom may have information or instructions for you. To ensure that they do not provide conflicting information about your condition, or that you misunderstand their instructions, have a trusted friend or family member with you. Having a person at your side can help make sure you receive the best care available.

Has a recent hospitalization left you with a serious medical problem? If so, call Pegalis & Erickson of Long Island at (516) 684-2900 for an initial consultation. We can see to it that you receive the legal representation you require. 

Did you know medical malpractice is not required in all states, including New York? But even in states where medical malpractice insurance isn’t required under law, most hospitals and medical practices will require a doctor to obtain insurance before allowing the doctor to practice in their facilities. Most of the time, doctors provide attentive and effective medical care. However, there are few reckless doctors who do more harm than good. For this reason, it’s important that you only receive care from doctors with medical malpractice insurance.

This video tells the story of a young woman, who suffered permanent physical and emotional scars as a result of gynecological medical negligence. Though she filed a successful medical malpractice claim against a Maryland doctor, he didn’t have medical malpractice insurance, so she likely won’t receive anything. The next time you go to the doctor, even if you are not having procedures at a hospital, do not be hesitant to ask which hospitals they have privileges at.  And make sure that the doctor has privileges at the hospital you will be at because hospitals require doctors to be insured for medical malpractice.

We’ve been representing women in gynecological-related medical negligence cases in Long Island for 40 years. If you believe you have been the victim of medical malpractice, call Pegalis & Erickson at (516) 684-2900. 

LAKE SUCCESS, NY, June 25, 2014

Annamarie Bondi-Stoddard, Managing Partner at the law firm of Pegalis & Erickson, LLC, has been elected as an officer of the New York State Trial Lawyers Association (NYSTLA). Her role will be Parliamentarian for the 2014 – 2015 year. “I’m pleased to be joining this important organization that is a voice for the voiceless. It is a privilege to formally link with this group of dedicated attorneys to promote a safer and healthier society, assure access to the civil justice system for the wrongfully injured, and advance representation of the public by highly skilled lawyers.” One of NYSTLA’s most important pieces of work is to preserve and enhance New York’s civil justice system against legislative initiatives that would limit the rights of injured consumers.