Injured Senior Podcast

Medical MalpracticeAttorney for the Elderly

Medical Malpractice Lawyer for Seniors and the Elderly

Do You Need the Help of Our Medical Malpractice Lawyers?

If your loved one suffered serious injuries because of a mistake by a healthcare provider, a medical malpractice attorney for the elderly, may be able to help. Medical malpractice is a type of personal injury lawsuit that may be filed because a patient was harmed by the negligence of a healthcare provider or institution. These types of cases can be complicated, so if you have any questions or feel you need legal help, contact the National Injured Senior Law Center.

Your family member, like many older Americans, may have multiple health challenges. As we age, our general health and capabilities can gradually decline. But this doesn’t mean an older loved one shouldn’t lead a full life. The fact someone has a difficult health situation is not an excuse for injuries caused by negligence.

If your loved one has been abused or neglected, you are not to blame either. You made the best decisions you could, and like many others, you thought the nursing home was trustworthy. Instead of second-guessing yourself, take steps to protect your loved one while making those accountable responsible for their actions by contacting our nursing home abuse lawyers at the National Injured Senior Law Center.

WE ARE THE ADVOCATES FOR THE INJURED SENIOR AND ELDERLY POPULATION IN THE U.S.!

A Medical Malpractice Attorney for the Elderly May be Able to Establish Negligence

Negligence is a legal theory used in most personal injury cases. In a medical malpractice case the injured party, the plaintiff, has the burden of proving:

  1. The defendant (this is the party sued) owed the plaintiff a duty of care. The defendant needs to use established standards of care when treating patients. That would be the type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community. To maintain that standard the defendant may have done many things right, but chose the wrong path.
  2. The defendant breached or violated that duty of care by deviating from established standards of treatment. A simple mistake may not qualify as a breach. There normally must be a serious and unjustifiable error by the defendant to justify legal liability.
  3. The breach was the factual and legal (or proximate) cause of harm to the plaintiff. The injuries must be a direct result of the breach or a medical malpractice case will fail.
  4. Under state law, the defendant must compensate the plaintiff for the harm. Given the costs in time, energy and money a medical malpractice case can take, that injury needs to be severe to justify legal action. That compensation can be economic damages (actual, measurable losses such as additional medical expenses and out of pocket costs) and non-economic damages (pain and suffering or emotional trauma, which under Maryland law, for cases filed in 2020, are limited to $830,000)

The Combination of Medical Malpractice and Elderly Patients Can Be Complex

Cruelty to Those Who Are Least Able to Protect Themselves Is Unacceptable.

The facts of the situation drive medical malpractice cases. In one case, a doctor’s decision may be malpractice while the same decision for another patient, it may not. We will perform an extensive investigation after we’re retained and if we think it’s warranted, we will send records to an expert to get their opinion on whether negligence caused the harm.

Those who may be subject to these lawsuits include virtually anyone working in healthcare and any organization employing them. It could be doctors, nurses, EMT’s, surgeons, radiologists, physical therapists, hospitals, nursing homes or medical labs. There could be multiple defendants (a surgeon and a hospital, for example) if there’s evidence their negligence caused the plaintiff’s harm.

Lawyers for Medical Malpractice Involving Seniors Get Involved in a Wide Range of Cases

Examples of medical malpractice are:

  • The defendant (this is the party sued) owed the plaintiff a duty of care. The defendant needs to use established standards of care when treating patients. That would be the type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community. To maintain that standard the defendant may have done many things right, but chose the wrong path.
  • After a patient underwent surgery, she suffered a serious infection where the surgery took place. It caused a long hospital stay and permanent physical limitations
  • A patient with a persistent cough had a chest x-ray and he was diagnosed with pneumonia. After several months without improvement, more tests and a CT scan reveal lung cancer. Due to the delay, the patient’s chances of a cure were dramatically reduced.
  • A woman came to a hospital emergency department complaining of numbness and pain in her left leg. Tests showed a blood clot but no vascular surgeon was on duty. When one was called on the phone, he ordered another test and told her to go home and see him three days later. After her release, her condition worsened and part of her leg was amputated.
  • A man was prescribed an antiviral medication after being diagnosed with an infection. He was supposed to receive 2,400 milligrams of the drug but instead was administered 24,000 milligrams, causing his kidneys to fail and his later death.
  • A patient died because a feeding tube was mistakenly inserted into one of his lungs and a radiologist failed to see the mistake in a chest x-ray. The man was fed through the feeding tube for more than twelve hours, filling his lungs with fluid, eventually leading to his death. The patient showed respiratory distress but the hospital’s physicians failed to recognize the misplaced feeding tube was the cause.
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    What Our Nursing Home Lawyers May Be Able to Do for Your Loved One

    The best way to learn about the legal process, the rights of your loved one is to schedule a free strategy session with Steven H. Heisler and his medical malpratcie attorneys. During this free, no-obligation session, our lawyers who litigate cases involving medical malpractice and elderly patients will take the time to learn details about your case and answer any questions you may have. We can also collect information from you (such as copies of recent medical medical records and bills related to the malpractice) to get a better idea of how much your settlement may be worth.

    We’ll Give You a Free Consultation

    If you are unsure whether or not you have a case, talk to a medical malpractice attorney for the elderly to find out. Call us today at 855-389-4442.

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