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medical malpractice

Medical Malpractice Cases: Clearing the Air

Lawyer for Medical Malpractice Cases in Rutherford, New Jersey

medical malpractice casesMedical malpractice cases in the United States are a commonly misunderstood phenomena, which can lead to resentment between patients and doctors and additionally cause those who have been unjustly victimized by a medical malpractice incident from receiving the recourse they deserve. Here is a quick look on some of the top five misconceptions about medical malpractice that perpetuate today.

  1. The number of medical malpractice suits. While many people think that medical malpractice suits are growing, they are actually shrinking over the past several years. Far fewer individuals are filing suit for their injuries received while in medical care than could reasonably have a case to argue. Judges have noticed this, so if you do have a valid claim is it absolutely in your best interest to pursue the issue and see where it leads.
  2. The relationship between suits and healthcare costs. It is patently untrue that medical malpractice suits are driving up the cost of healthcare for everyday consumers like you and me. This widely spread misinformation was extrapolated from a small study more than 20 years ago, which was taken to apply for the entire country and has been disproven even in the small instance it claimed to speak for. The amount which healthcare professionals pay to defend themselves against malpractice suits comes to only 0.3% of healthcare spending; this is not what is driving up costs to exorbitantly.
  3. Suits are not scaring away doctors. Nothing could be more untrue, more doctors have been joining the ranks in recent years and growing in proportion to the number of citizens overall. Some states have taken to putting caps on medical malpractice suits, but in those without caps, there are more physicians per capita than those that do.
  4. Lawsuit payouts do not cause high malpractice premiums. Actually, there is no relationship between the two. The main groups that profit are insurance companies, which get their funding through investment and the difference between the premiums that they rake in and what they must pay out in successful claims. Premiums are raised during a recession to make sure that the insurance company isn’t losing any funds of their own in the process.
  5. Texas tort reforms are supposedly the golden standard, but should not be taken as such. States with damage caps and those without have virtually the same amount of premiums to pay, and Texas is often trumpeted as this great example of tort reform when this is far from true. In Texas, the Medicare costs rate is far higher than it is elsewhere in the country, and their very tight caps on damages may actually be keeping healthcare costs from shrinking as it was initially designed.

Medical malpractice is a nasty occurrence that can keep you or a loved one injured or sick as a result of a doctors’ mistake when you came in instead to be healed. If this happens, you need to know that you have rights to pursue compensation and recourse in the eyes of the law. Far fewer seek out these damages than are entitled to them, and you could be one. For more information about my services, contact me, Mark Yampaglia today at 844-847-0106 for a free consultation about medical malpractice cases in New Jersey.

Frequently lawyers or attorneys forget that they are employed by the client and work for the client. The legal team at Yampaglia Law understands that you are the boss. Your request for assistance, advice and updates are always responded to in a timely manner. If you cannot come to one of our offices or are unable to travel, we will come to you.

The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through our attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.

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Dentist Visit Gone Wrong

This entry was posted in Personal Injury and tagged , on by .

When you take your child to the dentist or any other medical professional, you should be able to trust that they know how to properly care for and treat your child. You certainly should not expect that the dentist will cause additional serious injury to your child. However, this is exactly the nightmare facing one family due to the negligent acts of a dentist.

The family took their four-year-old daughter to a dentist for some caps and some pulled teeth earlier this year. Though it should have been a routine procedure, the child ended up unable to speak or respond to her name. Reports indicate the child suffered severe brain damage and the dentist’s license has been temporarily revoked. According to reports, the following allegedly occurred that may have contributed to the injuries:

  • The dentist gave her five sedatives over the course of seven hours (much longer than the procedure should have taken)
  • The dentist restrained her on a papoose board, a restraint device generally used on uncooperative patients or patients with special needs
  • The dentist failed to notice that her oxygen had decreased while her heart rate and blood pressure increased to dangerous levels

The family stated they were planning to file a legal claim against the dentist.

Medical Malpractice Claims in NJ

When a person suffers serious personal injury because a medical professional—dentists included—acted in a negligent manner, the injured victim has the right to file a claim for medical malpractice. Simple mistakes will not qualify as medical malpractice; instead, the injury must be caused by an act of negligence, which means the professional acted differently than other professionals would have in the same situation. Some common examples of negligence that can lead to medical malpractice claims include:

  • Failure to diagnose
  • Failure to monitor vital signs
  • Medication errors
  • Surgical errors
  • Errors during childbirth

Many of the errors listed above can lead to serious medical complications or the development of additional conditions that can require extensive medical treatment and can often be life-threatening.

Call for a Consultation with a New Jersey Medical Malpractice Attorney Today

Medical malpractice claims can be complicated, as doctors have insurance companies and lawyers helping them fight liability. If you or a loved one has been injured by the negligence of a dentist, a physician, or any other type of medical professional, you should not delay in calling an experienced medical malpractice attorney at Mark Yampaglia Law, P.C. Contact us today for a free consultation.