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. 

Most Common Personal Injury Claims

Injured man and his wife meet with a personal injury lawyer.There are many claims that fall under personal injury law.

Vehicle accidents, slip and falls, workers compensation, products liability, and wrongful death are all possible claims that you can recover compensation for within the field of personal injury law.

Hiring an attorney to review the facts behind your injury will give you the possibility to recover monetarily.

Vehicle Accidents

Car, truck, and motorcycle accidents are one of the most common reasons why people need personal injury attorneys. Accidents not only happen every day but can also happen to any driver or passenger on the road. In addition to dealing with the grief of potential vehicle damage and insurance companies, you may also need medical attention for your injuries. The entire situation can oftentimes be very costly, but you deserve to be compensated for the costs that you incur due to the negligence of other people.

Workers Compensation

Employers may be liable for injuries that happen to you while you are working. Whether you now have a medical condition obtained during your course of business or your employer was negligent in maintaining the work area, you may be able to receive compensation through insurance. Furthermore, if you were driving while working, a workers compensation claim can allow you to recover financially. Many jurisdictions require all employers to have workers compensation insurance, so you may be able to receive compensation for your medical bills, injuries, lost income, and pain and suffering.

Slip and Falls

Slip and falls happen in the blink of an eye. Sometimes, it is not your fault, but rather the fault of the owner of the premises. Whether you slipped from a puddle that should have been cleared or because of a condition that an owner should have properly maintained, you may have the possibility to sue for your injuries caused by such conditions in another’s owned property. Successful slip and fall accident cases have included puddles, poorly maintained areas, and artificial conditions that owners should have been aware of the dangers.

Products Liability

If you are injured because of a defect in a product, you can also sue the business that you purchased the product from along with the manufacturer. Product design defects, manufacturing defects, and lack of sufficient warnings or instructions are all examples of reasons to sue for product liability after you are injured by using such a product. Everyone in the chain of distribution can be liable following an injury involving a problem with a product, so an attorney will be able to determine who should be sued and advise you on which decisions to make.

Wrongful Death

If your close family member passes away due to the negligence of someone else, you still have the ability to sue in his or her place. If you were relying on this family member or have lost the close companionship of that loved family member, you have remedies available to you. The grief of a family member’s passing can be a difficult time to go through, but attorneys will be understanding and take away most of that stress involved in a wrongful death claim.

Contact Us

If you have been personally injured, you may have a successful claim against the party that is liable. The first thing to do is contact our experienced attorneys to review your case and see what we can do. Please contact us at (716) 907-7777 at your earliest convenience.

What Falls Under Personal Injury Law?

Injured man consulting an attorney about a lawsuit.

Personal injury law consists of various types of injuries and harms. Many of these injuries can happen to you or your family member on any given day.

  • Personal injury attorneys handle cases involving: 
  • Vehicle accidents (including cars, trucks, and motorcycles)
  • Work-related accidents
  • Premise liability (such as slip and falls)
  • Negligence
  • Medical malpractice
  • Wrongful death

Whether you were injured personally, or your family member has passed away due to someone else’s fault, personal injury attorneys will take the steps necessary for you to receive the compensation that you require. 

Car Accidents 

Car accidents are one of the top reasons why people reach out to personal injury attorneys because they are unfortunately very common. In fact, car accidents happen every day. Most people drive every day and with that necessity, always comes the chance that an accident can occur. 

Car accidents are always stressful, and many people simply want to have the situation over with as soon as possible. However, that is not always the best option. Firstly, you may not realize that you are injured because you may not feel your injuries until days after the accident. Additionally, insurance companies will likely try to contact you to receive your statement so that they end up paying the least amount possible. In the future, your insurance payments may increase as well. Do not fall into the trap of moving on as quickly as possible following a car accident. Instead, contact a personal injury attorney so that he or she can advise you on what you should do for you. 

Premise Liability 

If you are injured at a place of business, the owner of that business may be liable to you. When you visit a place of business, you are considered an invitee. Having invitee status means that the owner of the business has a duty not only to maintain the premises so that they are safe to his or her patrons, but to also make reasonable inspections of the area and repair any dangerous conditions.  

As an example, there has been a series of cases involving banana peels: In one case, the owner was held liable because the banana peel that a patron slipped and fell on was dark, gritty, and dirty (presuming that it had been there for a long period of time and should have been noticed and removed); in another case, an owner was not held liable because the banana peel that a patron slipped and fell on was bright yellow and fresh (presuming that it had just been dropped and it would have been unreasonable for the owner to have immediately inspected and fixed the condition). 

Medical Malpractice 

Another common personal injury is medical malpractice. When you go to a hospital or other healthcare facility, you want to feel better and be healed. However, there have been several cases involving medical misconduct or negligence that have left patients unjustly worse off than when they first arrived. Doctors are professionals that deal with the health and well-being of their patients. You should rightfully presume that you will feel better after seeing a doctor rather than worse or with a new condition. Depending on the facts, you may have a claim if you are furtherly injured following a doctor visit. 

Contact Us 

The O’Brien Law Firm is ready and ample to take on your case if you believe that you have been involved in an accident that requires compensation. Call us today at (716) 907-7777 so that we go over your case and see what we can do for you.