Medical Malpractice Lawyers

Serving New Jersey and the Philadelphia metropolitan area

Weiss & Paarz P.C.

Sunday, July 20, 2008

My Surgery Didn't Turn Out as I Expected. Is This Malpractice?

Not necessarily. In order to establish a valid medical malpractice case, the following things must be proven. First, a reasonable standard of care must be established, and then it must be proven that a healthcare professional neglected to provide this standard of care or breeched it in some way. Furthermore, it must be proven that this negligence caused damages, injuries, death, or that the mistake contributed to the worsening of the condition. Once the aforementioned have been established, only then can a healthcare provider be found liable, and a patient entitled to damages.

As a part of informed consent, a physician must discuss the risks involved with a procedure, as well as the alternatives to the procedure, including non-treatment if it is an option. In the case of cosmetic procedures, the cosmetic surgeon and patient must discuss at length the aesthetic goals of the patient. A voluntary, cosmetic procedure such as a rhinoplasty or facelift that does not turn out exactly as the patient envisioned does not constitute a valid malpractice claim. If the surgeon failed to adequately discuss such aesthetic goals, and this can be proven, then a case might be made.

Emergency surgeries often have the potential to produce undesirable results. Surgeons sometimes have to make decisions based on the unexpected. If a surgeon makes a wrong decision, or one that might be outside the reasonable standard of care, then a patient might have a malpractice claim.

If your surgery did not go as planned, and believe you might have a malpractice case, please contact malpractice attorneys Weiss & Paarz today to arrange a consultation.

posted by Patti at 4:45 PM

Thursday, July 10, 2008

Most Common Types of Medical Malpractice

Medical malpractice can occur in any area of medicine in which a patient can be injured as a result of poor treatment from a health professional. Here are a few of the more common malpractice claims we see:
  • Anesthesia Complications - Improper administration of anesthesia can result in serious physical impairment or death.
  • Burn therapy - Care providers can be held liable if adequate emergency therapy on burns causes excessive injury, loss of tissue, or death.
  • Child delivery - There are many complications that can cause malformations, birth injury, cerebral palsy, or brain damage.
  • Heart Attack - One of the most common forms of medical malpractice is the failure to diagnose heart attacks in a timely fashion.
  • Surgical Errors - If evaluation, preparation, any part of the surgery, or postoperative care is performed incorrectly, the procedure may fail or serious side effects can occur.
  • Medication - Insufficient amounts of medication, improper instructions, or prescribing the wrong medication.
  • Failure to diagnose - Any injury that results from medical professionals making an incorrect or delayed diagnosis. Aneurisms, breast cancer, and heart attack are often undiagnosed or misdiagnosed.
  • Experimentation - Any healthcare professionals using procedures or drugs that are unapproved by reputable medical organizations put a patient at risk.
  • General Improper Procedure - Medical professionals can make simple mistakes that can be costly to the injured. Examples include delays in treatment or failure to obtain proper consent for treatment.

If you believe you may have a medical malpractice case, and you live in New Jersey or the Philadelphia metropolitan area, please contact attorneys Weiss & Paarz today to arrange a consultation.

posted by Patti at 4:40 PM

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