June 17, 2011

Apologies Prevent Medical Lawsuits, Reports New York Medical Malpractice

A new Michigan State bill may help lessen the amount of medical malpractice lawsuits. This new measure would allow a doctor to say “I’m sorry” without it being an admission of guilt when procedures go wrong. A NYC Medical Malpractice Lawyer says that doctors see it as a step in the right direction.

A doctor with the Michigan State Medical Society has said that anything you say when dealing with patients and their families can be held against you. If you admit that you’re sorry that something has went wrong, many people see that as an implication of guilt, or that you did something wrong during the procedure. Currently these heartfelt apologies can be seen as admissions of guilt to a wrongdoing on the doctor’s part. Anesthesia errors can occur at any hospital and often do in Nassau, Long Island where a lawyer familiar with the law should be called.

According to a New York Medical Malpractice Lawyer, a new proposed bill states that saying “I’m Sorry” when something goes wrong would no longer be an admission of guilt. 35 states already have what are called “I’m Sorry” laws in place, and reports have shown that the number of medical malpractice lawsuits have decreased in a lot of those states.

The hope is that fewer lawsuits may eventually lead to lower insurance premiums as well. But first the Michigan State Medical Society just wants to help protect the health care workers and their families. Although this law would apply to all health care professionals, it would not apply to people who apologize and admit they’re guilty as well.

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June 12, 2011

$13.9 Million Is Awarded In Birth Injury Lawsuit

A New York Medical Malpractice Attorney explains that a doctor from Ohio was found to be responsible for medical negligence concerned with the birth of a baby girl.

The trial took a day and a half and various expert witnesses were called to the stand. It was decided that the doctor was responsible and the hospital was ordered to pay $13.9 million in damages.

The girl who is the subject of the case is now ten years old. She suffered from cerebral Palsy which was directly caused by the doctor being negligent and not acting quickly enough. It is alleged that the doctors actions during the birth deprived the baby of oxygen which lead to the complications.

The patient visited her family doctor on a regular basis for checkups. These checkups allowed her to check how her pregnancy was and that everything was going properly. The hospital ordered tests which showed her baby had a fairly low heart rate. The doctor decided that it was in the babies best interests to induce labor early.

The parents agreed and had an emergency Caesarean section. This is where the baby is delivered through surgery. However, after labor was induced the doctor changed his mind and decided not to do the C-section. Expert witnesses said that the lack of oxygen to the brain of the baby caused the child to suffer from cerebral palsy.

The expert witness also gave further details that showed the child also suffered another cerebral palsy when contractions were induced. The doctor argued that she never even though about doing a C-section because there was no reason to think that the baby had anything wrong with it.

The New York City Medical Malpractice Lawyer says the family is arguing that if a c-section was performed quickly that the baby would have been completely normal. The complications during her birth were completely avoidable.

Cerebral Palsy is a medical condition which can affect the way the brain works and impair several functions including learning, hearing, thinking and walking. Many of the problems which cause this can be avoided.

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