NEW YORK CITY MEDICAL MALPRACTICE LAWYERS

The New York City Medical Malpractice Lawyers at Kleinick Law have experience in dealing with brain injury cases due to medical malpractice in New York City (NYC), Brooklyn, Bronx, Manhattan, and the surrounding areas.

New York City medical malpractice lawyers evaluate the standard of care given to a patient to determine if there was medical negligence.The will also determine if a brain injury was caused by the failure to use adequate levels of care that could have caused harm to the patient.

Medical malpractice is a form of negligence involving the failure of a medical professional (i.e. doctor, OB/GYN (obstetrics/gynecology), medical technician, nurse, hospital, dentist or health care provider) to use adequate levels of care skill or diligence in performing his or her professional duties, that would cause an injury. The determination of whether a medical professional met his or her duty of care is based upon the standard of care for the professional in their community. In the case of a doctor who is a specialist the standard of care is determined by the standard of good medical practice in that specialty within his or her area.

It is important to remember that the duty of a medical professional is not to cure or even to guarantee a positive outcome from treatment. Medical malpractice does not occur every time a medical treatment is not successful. Their duty is to provide adequate medical care according to the accepted standards in their community or in the case of a specialist the accepted standards in that particular medical specialty. Medical practice has never been an exact science, doctors are not required to be right every time they make a diagnoses. A miss diagnosis can happen even when all proper tests are preformed accurately or evaluated by a skilled doctor with care. A miss diagnosis becomes malpractice if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of illness.

Keith Kleinick can offer you information about a structured settlement if you are currently receiving compensation for a brain injury caused by medical malpractice.

BRAIN INJURY DUE TO MEDICAL MALPRACTICE

• improper administration of anesthesia causes brain injuries by reducing available oxygen, or halting blood flow to the brain entirely
• Improper consent before a medical procedure
• Improper medication/prescription
• Failure to diagnose/misdiagnosis such as failure to timely diagnose jaundice.
• Brain surgical errors/trauma
• Untreated conditions such as failure to treat meningitis in infant or child.
• Emergency room errors

CEREBRAL PALSY

This term describes a group of disorders that affect movement control. There is no one specific cause for Cerebral Palsy, however, it can be caused by injury to the brain before, during or after birth. Cerebral Palsy is sometimes caused by lack of oxygen to the brain during birth and injuries to the birth mother and infant can be cause to pursue a case based on medical malpractice.

Other possible medical mistakes that have caused babies born with cerebral palsy include:

• lack of oxygen to the brain caused by leaving the baby in the birth canal too long
• failure to recognize and treat seizures following delivery
• failure to detect a prolapsed cord (the umbilical cord can wrap around the child's neck, cutting off oxygen to the brain)
• excessive use of vacuum extraction
• improper use of forceps
• failure to perform a cesarean section in the presence of fetal distress
• not responding to changes in the fetal heart rate
• failure to plan a c-section (a large birth weight infant could compromise a normal spontaneous vaginal delivery)
• failure to respond to the mothers changing conditions, such as high blood pressure or toxemia

YOUR LEGAL RIGHTS

To protect your legal rights following a brain injury caused by medical negligence, it is wise to consult an attorney who is experienced, knowledgeable, and specializes in handling brain injury cases.

The New York City Medical Malpractice Lawyers at Kleinick Law use their many years of experience in handling medical malpractice cases to investigate every possible factor that would warrant a malpractice suit, and to ensure that you receive full compensation for you or your loved one' s injuries.