Practice Areas > Medical Malpractice
The prestigious National Academies of Sciences has found that almost 100,000 people die each year because of medical malpractice in this country. That's more than the number of Americans that die each year from AIDS, breast cancer, or car accidents. It is truly ironic that so many in our country are dying by the very hand that they have depended upon to bring them health and healing.
"Standard of Care" Defines what is Medical Malpractice under the Law
The law tries to protect against these medical fatalities by imposing a standard which all health care providers are supposed to meet. This "standard of care" depends upon their job, or profession, and where they are located. For example, doctors in Newark are required to meet the lowest standard of care that is considered acceptable by other doctors in Newark. Their standard of care isn't defined by nurses in Newark, or by doctors in Dallas.
If a provider falls below that base line, his location's "standard of care" for the job that he/she does, and the patient suffers as a result, then his mistake becomes "medical malpractice" under state law and money damages are available to the victim of his/her mistake, error, or neglect. Nurses, dentists, doctors, lab techs, hospitals, oral surgeons, and other medical professionals can all commit medical malpractice.
Determining Whether There Has Been Medical Malpractice Can Be Difficult and Costly
For someone who may have been the victim of medical malpractice, the first step must be to determine the "standard of care" and whether or not there is a legal claim to be pursued. The law allows for money damages to be awarded for medical malpractice, but it also recognizes that providers cannot perform miracles or guarantee results.
Medical malpractice laws provide a remedy to those who have suffered because there have been failures or mistakes like failing to properly diagnose, failing to do the right tests, procrastinating on treatment, ordering the wrong treatment, or making surgical errors (like leaving a sponge inside the body, or operating on the wrong limb). Monetary relief can include medical costs and expenses, lost wages, pain and suffering, and lost earning capacity.
Medical Malpractice Cases are Aggressively Defended - Money and Status are on the Line
Victims of medical malpractice should expect their claims to be scoffed at, vigorously challenged, and hotly contested by the doctors, hospitals and other health care defendants along with their insurance carriers and defense counsel. Pursuing their cases will be expensive, too: expert testimony from expensive medical professionals will be needed to confirm what happened, to refute the defense's dismissal of the claims, to determine the extent of responsibility each provider should undertake. It is therefore extremely important for the victim of medical malpractice to have a knowledgeable, experienced attorney not only to review the case for the "standard of care" determination, but to also fight for justice for the victim in this complex area of the law. Experienced Legal Counsel in Medical Malpractice Cases
The attorneys at Laffey, Bucci & Kent have extensive experience representing plaintiffs in a variety of personal injury/medical malpractice cases. Their knowledge and expertise in dealing with defense counsel as well as insurance company representatives and adjusters can be invaluable when seeking true justice in a personal injury/medical malpractice matter. Name partner Paul Bucci has particular expertise in pursuing medical malpractice claims, and his record is second to none in achieving results.
LBK Offers Free Initial Legal Consultations with an Experienced Personal Injury Lawyer
If you or a loved one has been seriously injured due to medical malpractice, then please feel free to contact the experienced attorneys at Laffey, Bucci & Kent - where your first meeting with an attorney will be at no cost to you.
