What Is Medical Malpractice? 

Medical Malpractice LogoPersonal injury law is not limited to only vehicle accidents. On the contrary, personal injury includes premise liability (slip and falls), products liability, wrongful death, workers’ compensation, and more. Each topic could be its own specialization area with their differing and unique laws, but nevertheless, personal injury attorneys take on all of this.  

Medical malpractice occurs when doctors, nurses, hospitals, or other medical professional personnel or facilities act negligently or carelessly while treating patients. Repercussions can include worsening of an illness/injury, a new illness/injury forming, and even death. Medical malpractice includes many subtopics: 

Doctor Negligence 

Doctors can be negligent in treating their patients when their conduct falls below the standards of a medical professional. Doctors can be negligent by: 

  • Misdiagnosing or failing to diagnose an illness or condition 
  • Improperly treating an injury 
  • Prescribing the wrong medication 
  • Using the wrong procedure or causing damage during surgery 
  • Failing to receive a patient’s consent to conduct a medical procedure 
  • Failing to tell a patient about the risks involved in a treatment or surgery procedure 

Elder Home Abuse And Neglect 

As a person ages, it sometimes makes more sense to have them live in an elder medical facility with professional care available all day and night. It can be a tough decision for families to make and also costly. However, sometimes it’s the best thing for an elderly family member. Even if you select the top-reviewed facility and expect the best, you still run the risk of staff abusing and neglecting its live-in patients while you are not around. Signs of abuse or neglect include: 

  • Unexplained bruises, cuts, or injuries 
  • New illnesses or malnutrition 
  • A patient’s missing or stolen property and money 
  • Poorly maintained premises and rooms 
  • Deadly interactions with prescription medication  
  • Ignoring the patient’s preferences and requests 

Wrongful Death 

A personal representative of someone who passed away may sue for wrongful death when the decedent passes away due to the fault of another person. Doctors and physicians are among the people who may be sued when they were administering the treatment that caused the death. Successful wrongful death lawsuits have been a result of: 

  • Emergency room, surgical, and hospital errors 
  • Misdiagnosing a serious illness, such as cancer 
  • Prescribing medication that a patient cannot handle 
  • Administering fatal amounts of anesthesia 

Compensation 

Medical professionals are held to a higher standard because the lives of people are in their hands. You go see doctors expecting to feel better, not worse. Therefore, you deserve to be compensated when you or a family member is further injured, neglected, or taken advantage of while in the care of doctors and nurses.  

You may be able to receive compensation for expenses that you have to endure such as additional medical bills, loss of income, and the pain endured. Note, however, that each claim has a statute of limitations that allows you to pursue a lawsuit. In New York, a medical malpractice lawsuit must be filed within 2 ½ years. 

Contact Us 

If you believe that you or a family member was harmed because of medical malpractice, you should contact our law firm to speak with one of our experienced attorneys. Keep all relevant notes and documents for proof and references in the future. Call us at your earliest convenience at (716) 907-7777.

 

Contacting An Attorney After Being Personally Injured 

Personal injury claim note pinned on the bulletin boardWhether someone intentionally hurt you or you were involved in an accident caused by the negligence of another, you should receive compensation for your current and future medical expenses.

Personal injury attorneys can help you file suit for injuries including: 

  • Vehicle accidents 
  • Product liability 
  • Medical malpractice 
  • Workers’ compensation 
  • Premise liability 
  • Wrongful death 

While it is understandable to want to move on, you should not let a blameworthy person remain unaccountable for his or her actions. Additionally, you should not have to pay out of your own savings for your medical expenses. At O’Brien, we always give free initial consultations and we won’t charge you a thing unless you win. Therefore, you have absolutely nothing to lose by simply talking to us to see what we can do for you. While vehicle accidents are the most common personal injury suit, it is only among one of the many reasons to sue. 

Products Liability 

If a product you purchase is defective, you can sue the whole chain of distribution that released the product out onto the market. Assuming you used the product in the way it was intended to be used, you shouldn’t be harmed by any product that passed safety tests. If you are injured, an attorney will be able to look up exactly who to sue and help you with the process. 

Medical Malpractice 

When you go to see your doctor, you shouldn’t end up with an additional unrelated injury caused by a doctor or other medical employees. If you believe you were injured because of the negligence of medical personnel, you could have a case. Medical practitioners are there to help you get better, not worse. 

Workers’ Compensation 

You need to work every day but you should expect your safety to be a priority to your employer. When there is a hazardous condition at work resulting in injuries, you might be able to receive compensation for the medical bills that will pile up. No one should be afraid of injuries in their day-to-day work activities. 

Premise Liability 

Whether you were on someone else’s property for a business or social visit, each property owners owes certain duties to you for your safety. If you are injured, you shouldn’t have to pay for those injuries when the property owner or his or her employees are at fault. Oftentimes, a property owner will have insurance to cover your medical expenses, so you shouldn’t think twice about at the very least consulting an attorney about your options. 

Wrongful Death 

If a close family member passes away due to the fault of someone else, you can still do something about it. Whether you’ve lost the companionship, support, or suffer from hardship because of the death of that loved one our attorneys can help you receive compensation on behalf of him or her. While this is always a sensitive suit, you can rest assured that our attorneys can be strong for you when you’re going through this hard time.  

Contact Us 

No matter the injury, if it falls within the realm of personal injury, we can help. O’Brien Law has skilled attorneys with years of experience to help you receive compensation. Call us today at (716) 907-7777We’re here to help. 

Pedestrian Safety

A pedestrian crossover sign with sky as backgroundAs we continue to enjoy the summer months, we believe it is appropriate to consider the importance of pedestrian safety. According to the Centers for Disease Control and Prevention, pedestrians are 1.5 times more likely to die than passenger vehicle occupants in a car crash. Below are a few simple tips and tricks to increase safety.

Keep Your Head Up!

“Distracted walking” is now an identified risk. Whether missing the curb, not noticing the fire hydrant, or failing to hear a passing car, distracted walking can lead to injury or death. Most distracted walking can be attributed to people looking at their phones.

Whether responding to a text message, playing a game, or searching for data, walking and cell phones are a dangerous, sometimes even deadly combination. Put the phone away while you are walking. If you need to use the phone, stop walking and step out of the path of traffic. Attend to your cell phone needs, then return to walking.

Be Visible

32 percent of all pedestrian fatalities occur between 8 pm and midnight. Many people give little thought to what they are wearing when they go for a walk. However, particularly at night or in low light conditions, such as dawn and dusk, light colored and reflective clothing can be a life saver. Additionally, consider carrying a flashlight. Even a small light makes pedestrians easier to see.

Stay in well lit areas. When selecting a walking route, particularly when crossing the street, consider brightly lit areas. Use the cross walks, rather than crossing in the middle of the block.

Make eye contact with the driver before stepping out into the street, even if you have the right of way. Never, ever presume a driver sees you.

Choose Your Walking Path with Care

Whenever possible, stay on the sidewalk. If there is no sidewalk available, walk on the shoulder of the road, as close to the edge as possible. Walk against traffic, so that you can see what is coming. Particularly if you are not on a sidewalk, avoid wearing headphones, which block traffic noise.

A “walk” sign is not enough. Do not rely solely on a walk sign to step out into the intersection. With the number of distracted drivers on the roads these days, it makes sense to look left, right, and left again, even if you have the right of way.

Injured?

Injured pedestrians have rights. At The O’Brien Firm, we are happy to talk with you about your pedestrian injuries. Our attorneys will meet with you at no cost. We meet with clients in our office, or another place convenient to them. During our consultations, we discuss our approach to your case, the possible damages you may be able to collect, and about how long your case may take. We answer any questions you or your loved ones may have.

If you choose to hire the firm, your attorney, and our support staff, keep you informed every step of the way. Contact us today at (716) 907-7777.

How To Select The Right Personal Injury Lawyer 

Personal injury claim note pinned on the bulletin boardWhen you are injured and need a personal injury lawyer to advocate for you, you will likely find a long list of potential attorneys.

You might not know where to start or which one to choose, but if you are picky and strategic with your options, you will be able to find the right one for you.

Here are some factors to look for when choosing an attorney: 

Initial Consultation 

Most attorneys offer free initial consultations to review how your injury happened and determine if you have a successful case on your hands. During the initial consultation, you can feel free to ask the attorney questions and make sure that you feel comfortable with him or her. Professionally, attorneys are not allowed to pester you or disclose anything if you decide not to choose them, so you have nothing to lose while contacting an attorney. 

Location 

The laws of states often vary from state to state. States all have different statutes of limitations and rules for causes of actions, so it is recommended that you hire an attorney that is located in your area so that you can ensure that he or she knows the rules applicable to your location. Furthermore, you will want an attorney that will be able to come see you and the other parties, experts, and witnesses involved with your case.

If a personal injury attorney is located too far away, the chances of meeting up or having an important party to your lawsuit connected with is lowered, so make sure that your attorney will be readily available to you. 

Experience 

The more years of experience a law firm has, the more well-equipped an attorney will be to represent you. Not much can beat actual experience. Additionally, make sure that your attorney specifically has experience in personal injury law, as opposed to different types of law.  

Time 

You need an attorney that will have the time to fight for your case in addition to the other clients that he or she may currently have. You should look for an attorney that will be available for you to contact whenever you have a question or concern pertaining to your case. Make sure that you can easily contact your attorney with a swift response throughout your case. 

Reviews 

A good way to see if an attorney is competent and will bring the results that you require is reading reviews from current and past clients. There are several websites (such as Avvo.com) that clients can go on and review attorneys for free. Simply Google search the attorney’s name and location, and you will likely see client reviews.

Keep in mind that these reviews are not a tell-all, but it may give you a better understanding of who the attorney and law firm is so that you can make a more informed decision. 

Contact Us 

If you need to sue someone for a personal injury, feel free to contact our experienced attorneys at The O’Brien Law Firm to ask us any questions you may have about how we will be ready and fit to represent you. We offer free consultations and look forward to getting to know you. Contact us at: (716) 907-7777