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When Care Results In Harm

July 03, 2022


 

30+ Years | 10,000+ Cases | $300 Million+ Recovered

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Posted in Personal Injury Lawyer

When in the hands of health care professionals, it is expected that every measure is being taken to ensure safety. Although this is the intention in most care settings, mistakes happen, and there can also be lapses in communicating risks to patients. As a medical malpractice lawyer from Cohen & Cohen can explain, medical malpractice is an overarching term used to describe errors in treatment that result in harm to a patient. Even if harm that was caused was due to an honest mistake, patients may be eligible to pursue compensation for damages caused by medical malpractice by means of legal action.

In what treatment scenarios does medical malpractice most commonly happen?

Delayed Diagnosis

When it comes to medical conditions, illnesses, and injuries, time is of the utmost importance. When a medical care provider fails to diagnose a condition, it may worsen to the point where it is untreatable, or even fatal. Delays in diagnosis of life-threatening health conditions, for example cancer, or heart failure means that precious time is being wasted that could be spent on treatment.

Childbirth

Some childbirth injuries are minor, but unfortunately, others can lead to life-long health implications for the baby and their family. When the injuries were preventable, or the risks were not properly communicated to the mother or family, malpractice may be a primary contributing factor. 

Medical errors that are commonly associated with negligence or medical malpractice during childbirth:

  • Misuse of forceps during childbirth
  • Cesarean section errors or mistakes
  • Placental abruption or other abnormalities
  • nerve damage
  • Oxygen deprivation
  • Hemorrhage of the mother (pregnancy or labor)

Hospital Infections

Hospitals are places where infection-causing pathogens exist in higher concentrations than most other places. Although a considerable amount of time and effort are spent in hospitals to reduce a patient’s risk of infection by means of extensive infection reduction protocols, infections still happen fairly frequently. 

There are a few general guidelines used to qualify an infection as hospital-associated:

  • Infection identified up to 48 hours following admission to a hospital
  • Infection occurrence up to three days after discharge
  • Infection up to 30 days after surgery
  • Patient hospital admission for reasons other than infection

When is cancer misdiagnosis considered to involve medical malpractice?

With many forms of cancer, early detection is instrumental in being able to successfully treat it. Unfortunately, when cancer is undiagnosed, progression of the disease is inevitable. In some cases the cancer will progress to the point where it is no longer treatable, leading to the most devastating of consequences for patients and their families.

When does failure to diagnose constitute medical malpractice?

Considered to be the most commonly observed form of medical malpractice, failing to diagnose medical conditions can have serious consequences. Patients seek out medical care in their time of need, and when ailments are ignored or simplified, the care provider may be acting negligently. 

How can bedsores be a result of medical malpractice?

Also commonly referred to as pressure ulcers. Bedsores are a result of when a patient is immobile and confined to one place, commonly a hospital bed. When the healthcare providers fail to reposition an immobile patient on a regular basis, a bedsore can develop. These can easily become infected and lead to further health complications. Bedsores may also be a sign of habitual neglect in a care setting.

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M Strolle
24 days ago
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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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Tanea washington
31 days ago
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Gabriel anteneh
44 days ago
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
51 days ago
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
64 days ago
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
67 days ago
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
80 days ago
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
87 days ago
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
88 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
93 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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