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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.

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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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medical malpractice

Common Reasons for Malpractice Suits

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

As you go about life, you will inevitably be faced with medical troubles, emergencies and routine expenses. It’s important to work with a doctor who you trust to take care of yourself and your family, but sometimes when you need to seek extra care for a special issue or other consideration, you may be faced with a practitioner you do not have full confidence in.

In recent years there has been a severe uptick in the number of physicians who are being sued for medical malpractice, and unfortunately you can fall victim to an issue like this one through no fault of your own. We’ve examined some of the top reasons why doctors face medical malpractice suits, and what you can do if you feel you’ve been improperly handled in your medical care.

Initially, in any circumstance with a new illness, you’ll first meet with your primary care provider, who will give you your initial diagnosis or advice to seek out more specialized care. Since primary care physicians deal with all types of people and their many different types of issues, they tend to have a broad idea of many parts of medicine, rather than a deep expertise on one particular system, for example. Some of the reasons that primary care physicians can face medical malpractice include:

  • Errors in medicine distribution. This can include both medicines given in the office, or as prescribed to receive later from a pharmacist.
  • Failure to follow safety protocols. Everything is sterilized for a reason, and there are additional important protocols throughout the office to keep each patient from getting sicker than when they arrived.
  • Lack of informed consent. The doctor has an obligation to tell you all of the parts of your care, including the risks and responsibilities that you will hold going forward. This is very important and failure to properly explain everything going into your medical care can result in some serious repercussions.
  • Abnormal injury as a result of mistake in care. This is also seen in surgical environments, where a slight mistake can make the difference between life or death for a patient being operated upon.
  • Misdiagnosis or failure to diagnose. This is the most commonly seen issue which is brought up in claims of medical malpractice. While doctors know a lot, their information cannot always be seen as foolproof. Making a mistake or missing out on an important sign that points towards a serious issue can have long-lasting impacts on the patient and their family in the years to come.

If you believe that you have been victim to the poor actions of a doctor, you may have the grounds for a medical malpractice suit. For more information about your options and how I can help, contact me, Mark Yampaglia, today. I can be reached by phone at 201-933-3240 for a free consultation on your medical malpractice claim and how to move forward in getting your life back in order physically, emotionally, and financially.