Before 1906, there was almost no regulation of food and pharmaceuticals in the U.S. The Food and Drug Administration (FDA) was formed to protect American consumers from unsafe products and procedures with strict testing and regulations. Today, since new products are coming out all the time, and new studies reveal new information about existing products, the FDA issues health updates regularly. Paying attention to product updates may allow you to take control of your health and protect yourself from medical malpractice.   

Avoid Common Fibroid Removal Process Laparoscopic Power Morcellation

The FDA recently urged all surgeons to stop using laparoscopic power morcellation during certain gynecological surgeries. Evidence suggests that power morcellation can cause uterine cancer to spread, and may make hysterectomies and other procedures riskier than they need to be. If you are diagnosed with pervasive uterine cancer after a gynecological procedure involving power morcellation, you may have suffered medical negligence  

Effect of Drugs on the Liver

The liver is a crucial organ for filtering blood and ensuring that toxic substances don’t harm the body. According to the FDA, some drugs and dietary supplements  can cause liver problems. If your doctor fails to order regular blood tests after prescribing medications to be taken regularly, or during chemical medical treatments, and your liver suffers as a result, you may be the victim of medical malpractice. 

New Skin Cancer Treatments

Skin cancer is the most common type of cancer there is, and the rate of diagnosis is increasing. Melanoma is the deadliest and most aggressive form of skin cancer, and the FDA has approved three new treatment methods in the past three years. If your doctor misdiagnosed your melanoma, or if you receive the wrong treatment, consider promptly having a medical malpractice attorney search for evidence of negligence.   

Pegalis & Erickson of Long Island, NY works hard to identify cases of medical malpractice and holds negligent medical professionals accountable. If you suspect that a recent procedure or treatment has done more harm than good, call our Long Island medical malpractice firm at (516) 684-2900. 

A tort is defined as a civil wrong that causes harm to an individual or group. For example, medical negligence is considered a tort. If a medical professional’s negligence causes you to suffer unnecessary harm, you can sue that medical professional under current tort law and be financially compensated.. However, some legislators are calling for tort reform, which could drastically reduce the compensation awards for victims of medical malpractice.   

Justification for Tort Reform

There are some who believe that there are too many frivolous medical malpractice lawsuits. These individuals say that excessive lawsuits are forcing hospitals and medical professionals to spend a lot on medical malpractice insurance and not enough on care.

Proposed Reforms

After winning a medical malpractice case, the plaintiff may receive compensation for economic damages (medical bills, lost wages, etc.) and non-economic damages (pain and suffering). Detractors of existing tort laws say that medical malpractice plaintiffs are awarded too much compensation for damages, and propose placing a “cap” on compensation awards. Some tort reform proponents also wish to make it more difficult to file claims.

Effect on Consumers

Critics of tort law claim that the system is broken; however, their arguments are often based on misinterpreted data.  For instance the cost of medical negligence cases is a mere 2% of health care costs in general. Additionally, a fraction of medical malpractice situations ever result in lawsuits. This is because people don’t know that what happened to them was avoidable!

Putting a cap on compensation awards will only help corporations and hospitals save money at the expense of people who have suffered avoidable injuries. If a hospital’s negligence causes a patient to endure unnecessary suffering, the hospital should be held accountable for the injuries caused  and the patient should receive fair compensation. If there’s a compensation cap in place, victims of medical errors may not receive what is rightfully theirs=the money to obtain necessary services to live day-to-day..

If you have questions about tort reform and medical malpractice, call Pegalis & Erickson at (516) 684-2900. If you believe that you or someone you love has been the victim of medical malpractice, our Long Island legal team will review for situation at no fee to determine if you have you’re a case.

If you suffer harm as a result of your doctor’s negligence or inaction, you may have a valid medical malpractice claim. However, medical malpractice claims are notoriously difficult to win, and are best filed promptly with the help of a skilled medical malpractice attorney.

Perhaps the biggest challenge is determining whether a negative result was caused by medical negligence, or whether it was the consequence of an inherently risky procedure. For example, a doctor may be considered negligent if he misreads test results that any other doctor would be able to interpret correctly. On the other hand, a failed surgery may not be considered medical malpractice if the surgery had a high risk of failure to begin with. A medical malpractice claim can be especially difficult if a medical professional or institution intentionally hides mistakes.

Hiring a skilled medical malpractice attorney can drastically improve your chances of filing a successful claim. If you live on Long Island, call Pegalis & Erickson at (516) 684-2900 to get started on your medical malpractice case.  

Congratulations to our very own Linda M. Oliva, Esq. who was just appointed Vice President of Programs of the Nassau County Women’s Bar Association!!! We are so proud of your accomplishments! 

Read the full press release here: http://www.pegalisanderickson.com/pdf/2014-final-NCWBA-LOliva.pdf

“The mission of the Nassau County Women’s Bar Association is to promote the advancement of the status of women in society and of women in the legal profession; to promote the fair and equal administration of justice; and to act as a unified voice for its members with respect to issues of statewide, national, and international significance to women generally and to women attorneys in particular.” -Nassau County Women’s Bar Association

June 9-15 is National Men’s Health Week. This week presents American men with a great opportunity to become more familiar with common diseases that affect men’s health. Prostate cancer, for example, is the second-most common type of cancer among American men, and claims the lives of about 30,000 men every year. This June, do yourself and your family a favor by learning more about prostate cancer, including its potential risk factors.  

Age

A man’s chance of developing prostate cancer increases as he ages. Prostate cancer most often develops in men who are 50 or older—however, prostate cancer can develop in younger men, too. If you’re older than 50, you should ask your doctor about regular prostate cancer screenings.  

Family History

Unfortunately, prostate cancer tends to run in the family. If your father, brother, or other male relative has or has had prostate cancer, there’s a greater chance that you may develop it, too. Doctors recommend that men with a family history of the disease consider going in for regular screenings beginning at age 45.

Hormones

Testosterone, the main male hormone, is important for your prostate’s normal function. However, the enzyme dihydrotestosterone, which is created by testosterone, can cause the prostate to expand in size and may contribute to the development of prostate cancer. For the sake of your health, ask your doctor to monitor your testosterone levels and make the appropriate recommendations.  

Lifestyle Habits

There are some prostate cancer risk factors that are well within your control. For example, smoking, drinking, eating a poor diet, and leading a sedentary lifestyle can all contribute to the development of cancer. These risk factors can lead to a number of other significant health concerns as well.  

This June, work closely with your doctor to evaluate your risk of prostate cancer and other health concerns. You might also consider seeking a second opinion, as some doctors may not identify clear signs of cancer. Unfortunately prostate cancer sometimes goes undiagnosed or misdiagnosed. If you or someone you know were misdiagnosed or diagnosed late, consider speaking with a Long Island medical malpractice attorney at Pegalis & Erickson. You can reach our Long Island medical malpractice firm at (516) 684-2900.

In New York, if you sustained injuries or economic losses due to medical malpractice, the healthcare professional can be held liable for his or her mistakes. For example, if you suffer from complications as a result of surgery, your medical malpractice lawyer may be able to prove that the surgeon was negligent. Often, the lawyers for the defense try to prove that the patient is in fact responsible in some way for the medical injuries. This is known as culpable conduct. For example, a defense lawyer might claim that the patient failed to strictly follow post-operative instructions, leading to an infection.

The possibility of culpable conduct claims is one reason why it’s important to hire a medical malpractice lawyer with extensive experience. Your lawyer can disprove the possibility of negligence on the part of the patient altogether, or he or she might steer the jury toward finding comparative negligence. This means that in New York, a jury might find that the doctor is liable for 90 percent of the problem, while the patient is only at fault for 10 percent. In other words, you’ll still be able to collect compensation.

The medical malpractice attorneys of Pegalis & Erickson of Long Island have more than four decades of experience in providing aggressive legal representation to clients across the U.S. If you feel that you’re the victim of medical malpractice, contact us right away at (516) 684-2900.

Each year, Mother’s Day marks the beginning of National Women’s Health Week. This week is intended to raise awareness about critical women’s health issues, such as the importance of being proactive about your health. You can take control of your own healthcare by asking your doctor about preventive screenings you should have, such as how often you need a Pap test, when you should begin scheduling mammograms, and how often to check your blood pressure. Remember to schedule an annual well-woman exam with your doctor and discuss any concerns you may have.

For more helpful tips on being proactive about your healthcare, watch this video.

Long Island residents who have suffered from medical injuries as a result of medical malpractice have legal rights and options available to them. Call the medical malpractice lawyers of Pegalis & Erickson at (516) 684-2900 for your free consultation.

Many women are too busy caring for their children, aging parents, spouses, and friends to properly take care of themselves. However, it’s crucial for women to be their own advocates for their healthcare. Taking proactive measures for your health can help you avoid problems such as medical injuries and other forms of medical malpractice. This May, celebrate National Women’s Health Week May 11-17 by assessing your current health status and taking steps to live life well.

Be Your Own Advocate

Schedule a well-woman exam on an annual basis. Well-woman exams are excellent opportunities to ask your doctor questions about your health and medical conditions. Be proactive about asking your doctor if there are any preventive healthcare screenings you should have, such as tests for your cholesterol levels. If you feel that your doctor is rushing through your appointment, disregarding your concerns, or otherwise skimping on your healthcare, don’t hesitate to shop around for a new doctor. Many medical malpractice cases are born of the doctor’s failure to diagnose a problem.

Care for Your Mental Well-Being

Caring for your mental well-being is just as important as taking care of your physical health. Be sure to get plenty of sleep each night. Studies have shown that sleep deprivation increases your risk of numerous health problems, including Alzheimer’s disease. Each day, schedule a little “me” time to relax. Enjoy a cup of coffee on the porch before the rest of the family wakes up or read a good book after dinner.

Enlist a Workout Buddy

You can multitask by enjoying physical activity while spending time with friends. Enlist a friend to be your workout buddy and find an activity the two of you enjoy. Play a game of tennis or head to the park for a morning jog.

For advice on avoiding diagnostic errors and other forms of medical malpractice, visit the website of Pegalis & Erickson. Our law firm has decades of experience representing the victims of birth injuries, medical injuries, and other types of medical malpractice. Call our law firm in Long Island at (516) 684-2900 to schedule a consultation.

In 1975, California imposed a $250,000 limit on non-economic damages for medical malpractice jury awards. However, voters in that state may soon raise the cap to adjust it for inflation. If voters approve the ballot initiative, the cap would be raised to $1.1 million. The cap only affects compensation for pain and suffering, emotional distress, loss of consortium, and similar intangible losses. Healthcare advocacy groups oppose the move, claiming that the increased cap would result in higher healthcare costs for consumers.

However, those in favor of the move argue that, it only makes sense to enable more significant jury awards for medical malpractice victims. In many cases, awarding only $250,000 in non-economic damages is a disservice to plaintiffs who are left subject to horrific pain and suffering over a lifetime as a result of medical negligence..  Many of the states which have similar caps have declared these laws unconsttituional because it treats victims of medical negligence differently than those injured by any other type of negligent behavior.

Pegalis & Erickson has a proven track record of obtaining significant jury awards and settlements for our clients across the country. Families who need a medical malpractice attorney are encouraged to call our Long Island office at (516) 684-2900 for a case review.

In 2003, a medical malpractice overhaul law was passed that limited the amount a jury could award a plaintiff in wrongful death cases. Economic damages were not affected; these refer to financial losses such as medical expenses. However, non-economic damages for pain and suffering were limited to $500,000 or $1 million in some cases. Recently, the Florida Supreme Court rejected the law and declared it unconstitutional.

As you’ll learn by watching this video, this latest development is promising for those who must endure lifelong pain and suffering due to medical negligence.

The medical malpractice attorneys of Pegalis & Erickson understand the devastating consequences of medical errors. Call our Long Island office at (516) 684-2900 to learn about your legal rights.