It is widely accepted that across the United States of America, many patients at one point or another are injured due to the carelessness of doctors. One study that has illustrated this point is the highly debated “Harvard Study”. That study concluded that in 1984, 99,000 patients in New York State suffered serious injuries while in hospitals. Thirteen thousand of those patients lost their lives. Other studies have had similar results regarding the injury of patients while in hospitals. The main issue that medical malpractice attorneys are confronted with each day is whether the law is doing a good enough job to protect these patients. The law, and medical malpractice litigation, is designed to hold negligent doctors accountable while vindicating doctors who could not have done anything to avoid a bad patient outcome.
The Goals of Malpractice Law
The main goal is to determine whether the law is truly holding only negligent doctors liable while finding that on occasion, bad results do occur in the medical profession even when good doctors are providing treatment. Lawyers believe that the possibility of legal resolutions and potential lawsuits should result in doctors using safer procedures, better diagnostic tests, and more extensive fact finding before providing treatment. The law should also urge doctors to follow the “customary practice” standard which would discourage doctors from using untried and dangerous treatments as opposed to what is generally acceptable in the field. Finally, it is the hope of patients and medical malpractice attorneys alike that the possibility of a lengthy litigation process will push doctors to adapt and change with the profession rather than sticking with their old ways when new approaches are readily available.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Dr. Stephen Serlin was summoned at 5am on February 24th, 1993 to perform an emergency C-section for Marlayna’s mother, Dawn Kineke. He did not arrive at the hospital until 7am, and the procedure didn’t begin until 8:14am. In that time, Marlayna suffered fetal asphyxia from umbilical cord compression within the womb, which caused cerebral palsy and a host of additional developmental issues.
In 2003, Maria (37) walked into the emergency room at Downey Regional Medical Center in California with complaints of severe headaches and vomiting. Maria was sent home with Tylenol. A few days later, after her symptoms worsened, Maria returned the ER, where doctors determined that it would be necessary to check her for a shunt related brain infection. She was transferred to Lakewood Regional Hospital, but her treating physician did not include any of Sanchez’s within her report, and the consulting neurologist at Lakewood failed to look at any of her records. He also didn’t test for the infection she was sent to Lakewood to be tested for. Sanchez’s condition worsed and she was finally admitted to the Lakewood ER after she fell out of her wheelchair.