Medical Malpractice
 Medical malpractice lawsuits concern any type of
negligence by a physician, hospital or other health
care professional which causes a patient physical or
emotional damage to health.
Medical malpractice is limited to negligence occuring
during the course of providing or giving medical
treatment, or health care- but the basic legal issues
are the same as the legal elements in ordinary negligence.
WHEN THE MEDICAL TEAM OR A PROFESSIONAL HEALTH
CARE PROVIDER
FAILS or harms,
this is what you should do immediately.
1. Obtain all of your medical records as soon as possible.
This avoids changes or falsification being made in your records.
 2. Obtain an independent medical evaluation.
An experienced and knowledgeable attorney such
as Roy Macaluso- will advise you on this medical
evaluation. This is one of the most important steps
in a medical malpractice case.
3. Document your experience.
Write everything that you can remember about your
experience.
Include the symptoms you spoke of, any actions
they recommended in response
and any and all communications with staff, including
voicemails.
If any decline is visible take photos, and have before
photos on hand as well.
4. Keep Track and Keep ALL Financial Records.
It is important that you and your attorney and the
courts see an accurate picture of the financial impact of your injuries. Keep a
record of any financial damage you have incurred due to the incident including:
Lost wages, Additional medical care, more procedures, Travel expenses for
medical care, Therapy, counseling, or any other services required to help ease the
emotional and psychological trauma.
5. Keep charges or receipts for special equipment needed to deal with disabilities
or impairment
or In-home care, include housekeeping and childcare.
6. Journaling.
Keep good account of any family member’s or your personal pain and suffering and
loss of enjoyment of life. Keep a journal of how the medical malpractice has
affected you and your daily life.
7. Document any and all psychological and emotional impact, such as depression,
anxiety, fear of seeking additional medical care: Cognitive, memory, and speech
difficulties, Social impact- especially in cases of disfigurement.
8. Do not forget the Impact to your relationship with your loved ones and spouse
(including sexual dysfunction).
Medical professionals are not expected to be perfect, but there may be poor results from
treatment that does not amount to malpractice.
 Health care providers are judged in comparison with
similarly trained and qualified providers of the same class
in the same community and in the same field of medical
specialization. Likewise, a hospital owes their patients a
duty of ordinary care to provide equipment and facilities
reasonably suited to the intended uses and such are in
general use in similar hospitals under similar
circumstances. The injured patient must then prove that
the health care provider‘s breach of the standard of care
was a proximate cause of the injuries to the patient. In
other words, there must be a close connection between
the action of the health care provider and the harm to the
patient. Finally, you have to show what damages resulted
form the alleged mistake. This may include medical bills,
lost wages, pain and suffering, etc.
Within sixty days of the commencement of a medical malpractice action, the
plaintiff must file an affidavit by an appropriate licensed person stating that there
exists a reasonable probability that the care, skill, or knowledge exercised in the
treatment fell outside acceptable professional standards or treatment practices.
Who can be held accountable for the medical malpractice?
 Generally, a medical malpractice claim can be brought
against a licensed health care provider. This can include
a person, corporation, facility or institution licensed by the
state to provide health care or professional services, or an
officer, employee, or agent thereof acting in the course
and scope of his employment. Claims can be brought
against physicians, dentists, nurses, therapists,
technicians, hospitals, and pharmacists, nurses,
therapists and other health care providers, and the
hospitals or clinics they work for may also be held
responsible for a failure to meet accepted standards of
care.
Does signing a consent form waive my rights to file a
lawsuit for medical malpractice?
Signing a consent form in and of itself does not waive your rights.
How much can I expect an attorney to charge to handle a medical malpractice case?
Most attorneys who believe a case has merit will take the case without payment up
front. When you and your attorney agree to a contingency fee, the attorney must
provide you with a signed copy. Many attorneys will decline a case unless there is
potential for a substantial verdict or settlement.
What damages can be recovered for medical malpractice?
 As a victim of medical malpractice, you can sue for
your injuries and all of the direct consequences of
those injuries. Actual damages refers to the amount
of money it would take to fully compensate you and
place you in the same position you would have been
in had the injury never taken place. Loss of earning
capacity is also allowed when the patient proves he
or she is less able to earn a living as a result of the
injuries caused by the malpractice.
You may also be entitled to be awarded for physical pain and suffering, mental
and emotional suffering, physical impairment, inconvenience, disfigurement, loss of
enjoyment of life, loss of consortium (disruption of your personal relationship with
your spouse), etc.
There is no definite standard of calculating reasonable compensation for these
types of damages. Any settlement will be reduced if there appears to be a good
chance that the claim will not be successful. Other factors that may reduce the
damages include past medical history, pre-existing injuries, and prior claims
history.
Considerable compensation may be commanded if your injuries are severe
requiring extensive medical treatment, absences from work and permanent injuries.
This is especially true if you were a  healthy, productive, young worker prior to the
accident. That is because an important factor in the value
of your claim is the difference between your quality of life
before the accident as compared to after the accident.
How can I determine how much my claim is worth?
Attorneys are prohibited from promising that they will
obtain a certain amount of money for you. For purposes
of settlement, a claim is valued upon an estimate of
what a jury would likely believe the case to be worth,
taking into account the severity of the injury, the effects
of the injury on your life and the negligence of the other party.
Please consult the expert advice of
Roy R. Macaluso, ESQ.
A HIGHLY EXPERIENCED MALPRACTIVE ATTORNEY
FOR INFORMATION REGARDING YOUR LEGAL RIGHTS AND
OPTIONS IN THESE MATTERS.
CALL 973-779-1163.
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