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Malpractice litigation arises from an infinite variety of circumstances,
involving every kind of patient and every medical specialty. The
following are situations we frequently encounter:
Neurologically-impaired babies
Children can be disabled for life as a result of mishaps that
occur around the time of delivery. Failures of doctors and staff
to properly monitor women in labor, and to intervene with a Cesarean
section when there are signs that the baby needs to be delivered
right away, can result in brain damage. Attempting a vaginal delivery
of an over-sized fetus can result in permanent damage to a baby’s
arm (Erbs palsy) or brain (cerebral palsy). Injury can also arise
from inadequate treatment of a newborn in distress.
Of course, these injuries can also occur in spite of competent
medical attention. As in all cases at Waldinger Associates, P.C.,
your attorney will analyze the facts and medical records, and consult
with experts, before embarking on a lawsuit.
Breast cancer
The effectiveness of treatment of breast cancer depends in part
on early diagnosis. Occasionally a golden opportunity for cure is
missed because a physician fails to heed the complaints of his patient,
or because a radiological study is misread. If, as a result of a
negligent delay in treatment, cancer spreads and worsens the outlook,
there may be grounds for a malpractice suit.
The same principles apply to other types of cancer as well. The
nature of the cancer and the length of the delay determine whether
the negligence caused harm and is therefore actionable.
Wrongful death
There are many ways in which medical negligence can result in
the death of a patient. Depending on the circumstances, the family
may be advised to bring a lawsuit. Under our law, the survivors,
if successful in their claim, can recover damages, but only for
specific aspects of their loss, not for their emotional anguish.
Death cases can become quite significant where the decedent was
a wage-earner, a housewife, or the parent of minor children. An
important factor in evaluating such cases is the health and life
expectancy of the patient before the negligent act occurred. |
