Though it may seem unlikely, the new requirements outlined in the Affordable Care Act may actually increase the number of medical malpractice suits in the next few years. Critics to the ACA claim that this increase in demand will deplete the healthcare system’s resources, leading to more hospital and doctor errors.

Decreasing medical malpractice suits

Even though the Affordable Care Act has a number of critics, the medical community as a whole appears to support the new rules. In particular, the American Medical Association believes that the new coverage will improve the quality of healthcare across the country, instead of straining the community’s resources. Supporters of the new law claim that it helps simplify administrative processes, giving doctors and nurses more time to devote to their patients.

Protecting patient safety

Regardless of whether the ACA leads to an increase or decrease in medical malpractice lawsuits, it doesn’t affect a patient’s legal right to file a medical malpractice claim. If a healthcare provider fails in his or her patient duty, he or she can still be held liable for the patient’s harm.

To speak with a Long Island medical malpractice attorney, schedule a consultation with Pegalis & Erickson. We are one of the nation’s premier law firms, representing seriously injured patients and their families for more than 40 years. You can reach our office by calling (516) 684-2900. 

Individuals who have suffered injuries or complications from a medical procedure gone awry should know that they may have a legal right to sue the at-fault doctor or hospital. However, not all claims for relief result in financial awards. Sometimes these legal actions fail before making it in front of a judge and jury. These are some of the reasons why a medical malpractice claim may not succeed. 

Waiting Too Long

Each state has a statue of limitations that outlines the amount of time that victims or their families have to file suit in a medical malpractice claim. New York allows plaintiffs to bring a claim during the first two and a half years following treatment. Waiting too long to bring a malpractice action can result in a time-barred legal action.

The skilled legal team at Pegalis & Erickson knows New York personal injury law inside and out. If you have questions about your specific legal claim, consult our attorneys today by calling (516) 684-2900. We can assess your claim free of charge and let you know whether or not your malpractice complaint is likely to succeed in state or federal court. Since no two cases are alike, contact us today to learn more.

Not Enough Evidence

In order to show malpractice, the victim has to prove how the doctor or medical provider deviated from the standard of care expected in his or her community. This can be a gray area, and trained doctors are often given the benefit of the doubt. If a professional made a reasonable judgment call, a plaintiff may not have enough evidence to show that he or she deserves compensation.

Not Consulting a Lawyer

Medical malpractice is a complex legal field, and victims generally need an attorney by their side in order to succeed with a claim. Unrepresented plaintiffs are often presented with low cash settlements for claims that may be worth much more. 

Winning a medical malpractice case requires a thorough understanding of the law as well as working knowledge of medical practices. Not only do you need to file the correct legal forms on time, but you also need to secure expert witnesses to testify on medical concepts, helping prove that the health care provider in your case acted negligently. At a time when you should be focusing on healing, a medical malpractice attorney can take on this complex responsibility and help you secure the best possible outcome in your case. 

Meeting with an attorney

If you’re planning to file a medical malpractice lawsuit, you should meet with an attorney as soon as possible. Before you choose an attorney, be prepared to ask him or her questions about your case and their law firm. For example, you should ask how many medical malpractice claims your attorney has handled in the past, how many he or she has won, and how many cases were settled out of court.

Gathering necessary documents

Medical malpractice cases take time, sometimes even years. Once you file your case, go through the discovery process and set a trial date, your attorney and opposing counsel will discuss the possibility of settling the case without the need for a trial, Before taking or turning down a settlement offer, your attorney must discuss the entire settlement offer with you so that you can make an informed decision regarding a settlement.

Settling your case out of court

Medical malpractice cases take time, sometimes even years. Once you file your case and set a trial date, your attorney and opposing counsel will likely try to settle the case out of court. Before taking or turning down a settlement offer, your attorney must first get your permission, allowing you to choose whether or not to take the case to trial.

As one of the nation’s premier law firms, Pegalis & Erickson of Long Island has been consistently recognized for our success in medical malpractice claims. We have the distinction of receiving two of the highest medical malpractice jury verdicts in the state of New York. For more information, give us a call at (516) 684-2900.

What is your most precious commodity? If you’re like most people, it is your health and the health of those you love. Many people enter the medical system—the system that cares for your valuable health—and simply assume that they are always in good hands. In reality, mistakes can and do happen in the medical environment, and the results can be devastating. That is why it is so important for you to become actively engaged in your own medical care and in the care of your loved ones. Speak up, ask questions, follow up on test results, and get second opinions. Refusing to be a passive patient could save your life. Pegalis & Erickson of Long Island devised this guide to being a proactive patient. Use it to take control of your own medical care. If a medical mistake happens to you, be sure to seek a medical malpractice attorney immediately to learn your rights. Please pass this vital information on to your family and friends.​

Claiming around 600,000 victims every year, heart disease is the number one cause of death among Americans. Perhaps the most tragic aspect of this statistic is that many of these deaths can be prevented. By making a few lifestyle changes, you can reduce your risk of heart disease and increase your lifespan. 

Quit Using Tobacco

Smoking is a significant contributing factor to countless conditions, including heart disease. Regular tobacco use constricts the blood vessels, increasing blood pressure and greatly increasing the risk of heart attack. Quitting tobacco isn’t easy for most people—if you’re intimidated by the idea of smoking cessation, ask your doctor about the various quitting methods. You might also consider reaching out to past smokers for guidance. 

Reduce Stress

Stress is a perfectly natural response to danger. However, chronic stress can put undue pressure on your heart and arteries, increasing your risk of developing heart disease. If there’s a part of your life that causes you considerable stress—a high-pressure job, for example—try to find a constructive way to make it more bearable. It’s also a good idea to reserve at least a few minutes each day for a relaxing activity, such as taking a long bath or listening to calming music.

Embrace Diet and Exercise

A good diet is perhaps the single most important aspect of staying heart healthy. You must make an effort to reduce the amount of sodium, cholesterol, and saturated fat in your diet. Instead of regularly eating red meat for dinner, consider fish or other lean proteins. It’s also important to get your heart rate up with regular exercise. Most doctors recommend at least 150 minutes a week of physical activity for optimal heart health.

Like most people, you trust your doctor to provide appropriate advice and effective care. Unfortunately this is not always what happens. If you suspect that you’ve been misdiagnosed or have suffered medical error, call the Long Island attorneys of Pegalis & Erickson at (516) 684-2900. We’ve been successfully representing patients in medical malpractice cases for over 40 years. 

Even though drug errors and wrong-site surgery cases seem to receive a lot of attention, misdiagnosis is more common than both of these types of medical errors, according to The Washington Post . In fact, missed, incorrect, or delayed diagnoses affect between 10 and 20 percent of cases. Misdiagnosis can lead to delayed treatment, a more painful recovery period, and potentially death.

Diagnostic errors, which are common in primary-care settings, typically come from flawed ways of thinking or healthcare negligence. Doctors and technicians aren’t misdiagnosing rare or exotic diseases. Some of the most common misdiagnosis cases involve breast cancer, lung cancer, prostate cancer, and cervical cancer. Even though getting a second opinion can help reduce the risk of a diagnostic error, the error sometimes comes from the primary test results or a failure to investigate discrepancies in different diagnostic readings like MRIs and bone density scans.

Based in Long Island, Pegalis & Erickson has spent more than 40 years representing seriously injured patients and their families in medical malpractice cases. If you’ve suffered harm because of a cancer diagnostic error, please call (516) 684-2900 to find out more about our practice.

Many people place the responsibility of patient safety solely on the shoulders of medical professionals. While doctors and nurses have a great responsibility to provide the best care possible, it’s up to everyone in healthcare to ensure the safety of the patient—including the patient! We all want to avoid medical negligence and one of the best ways to do is to be an informed and helpful patient.  Do you insist that all healthcare providers wash their hands? Do you carry a list of all the nutrition supplements and medications you take? These are examples of helping to ensure your own safe care.

Led by the National Patient Safety Foundation, Patient Safety Awareness Week is an annual campaign designed to help patients and medical professionals improve healthcare practices. Though it’s only a week-long campaign, Patient Safety Awareness Week offers crucial education that can help ensure excellent care all year long. This should be towards the top and sound like it’s happening next week. In 2014, Patient Safety Awareness Week is next week from March 2-8 and the theme will be “Navigate Your Health… Safely.”  

While Patient Safety Awareness Week is improving the way healthcare is administered, there’s still a long way to go. If you or a loved one has been injured as a result of a medical professional’s negligence, call Pegalis & Erickson of Long Island at (516) 684-2900. Our medical malpractice attorneys will evaluate your case and may be able to help you obtain compensation.   

Heart disease is a general term referring to any disorder of the heart. Over one quarter of all deaths in the United States are caused by heart disease, making it the leading killer of Americans. While some kinds of heart disease cannot be prevented, many kinds can be prevented.

Common types of heart disease include heart failure, when the heart doesn’t pump as well as it should; arrhythmia, when the heart beats too slow or too fast; and stenosis, when the heart valves don’t open wide enough due to narrowing. Heart disease can lead to a heart attack, which occurs when a blood clot blocks the flow of blood to the heart. Lifestyle changes, such as quitting smoking, getting regular exercise, and eating more fruits and vegetables, can help reduce the risk of heart disease. Surgery and medication can help those with heart disease live long, happy lives.

Not all medical treatments for heart disease are successful. If you’ve been injured as a result of a medical professional’s negligence, you may be a victim of medical malpractice. To find out what really happened call Pegalis & Erickson of Long Island at (516) 684-2900.  

When a patient undergoes surgery, he or she entrusts the entire surgical team with his or her safety and well-being. Unfortunately, surgical mistakes, including operating on the wrong body part or operating on the wrong patient, are not uncommon in hospitals across the country. One of the main reasons why these kinds of errors occur is a lack of communication among different members of the surgical staff.

This video provides an inside look at a Connecticut hospital’s efforts to reduce surgical errors and enhance patient confidence. Using a “safe surgery checklist,” surgeons and nurses clearly mark the patient’s surgical site and provide a step-by-step overview of the procedure. Since its inception, the “safe surgery checklist” has significantly reduced complications at this Connecticut hospital.

Based in Long Island, Pegalis & Erickson is one of the nation’s premiere law firms. Call (516) 684-2900 to speak with one of our medical malpractice lawyers.