Making a difference in the event of medical malpractice

Making a difference in the event of medical malpractice

Adam J. Zayed

Adam J. Zayed

Founder, Managing Attorney Zayed Law Offices

Adam J. Zayed

Adam J. Zayed

Founder, Managing Attorney Zayed Law Offices

At Zayed Law Offices, we practice personal injury law with an emphasis on catastrophic medical malpractice cases. Right off the bat, without question, we want to make it clear that we have profound respect for the medical profession. That being said, medical errors are the third leading cause of death in the United States. Johns Hopkins reports that more than 250,000 people die in the US every year from medical errors, and many report that the amount of deaths due to medical errors is closer to 500,000. And these numbers are only take into account medical errors that caused deaths. If the total number of malpractice cases were tallied, we’re talking about an absolutely mind boggling medical error rate. It’s important to keep in mind that not all medical errors are going to be actionable. This is due to many factors, including, but not limited to: cost of litigation exceeding recovery, medical gray areas, deminimus injuries from medical errors.

At Zayed Law Offices, we handle cases where doctors in the field of the offending practitioner are aghast at the medical errors committed. One fact that most people do not know is that there is a lot of gray area when it comes to the practice of medicine. This is partially because every year the medical journals and societies attempt to water down the standard of care to essentially change the goal line for medical malpractice cases. The more nebulous the standard of care, the more that defense lawyers and offending physicians can obfuscate the true nature of the breach of the standard of care. Almost every medical malpractice case is vigorously defended on basis of the injury being a “known consequence.” Usually hospitals and physicians have patients sign “informed consent” paperwork before undergoing a procedure. The informed consent documents say all sorts of things, and some of them are quite absurd, e.g. death is a known consequence. This is a bag of tricks used by the medical industry. Nobody would willingly submit to a breach of the standard of care. Yet, these documents, essentially, say: we are not liable in the event of a breach of the standard of care.

RECORD $950,000.00
AWARD IN CONNECTION WITH MEDICAL MALPRACTICE CASE

RECORD $950,000.00 AWARD IN CONNECTION WITH MEDICAL MALPRACTICE CASE

The standard of care usually requires doctors not to cut or divide anatomy that should be protected.  And it usually includes protecting patients from unnecessary harm.  Another complication unique to medical malpractice cases, giving way to gray areas, is that doctors are the only ones that are performing the procedure.  Frequently, it’s hard to figure out what the offending doctor did.  This is a problem endemic to other industries.  For example, unscrupulous auto mechanics might suggest an unnecessary repair.  Or that same auto mechanic might make a mistake during a repair, and because they are the only person who knows what happened, they might not be transparent about the error.  Finally, this same unscrupulous mechanic might not be aware that they committed a terrible error, but down the line, the car owner will surely experience the consequences.   

We must rely on subsequent treaters to diagnose the injury.  And it is extremely common for doctors who commit medical errors to obfuscate the true nature of their offense.  Further, it is extremely common for subsequent treaters to obfuscate the nature of the error.  We frequently investigate cases where our client didn’t truly know what happened to them for months or years.  Frequently doctors will never truly tell the patient the nature of their error.  This is why skill, experience, resources and tenacity are necessary characteristics for a medical malpractice attorney.  Everything is a fight.  And what is most insidious is that in situations where an obvious, almost laughable breach of the standard of care has taken place, there is enough gray area for the offending doctor and their attorneys to obfuscate.   

For these and other reasons, conviction is needed to litigate a medical malpractice case.  A thorough investigation and evaluation must be performed including review of medical records and applicable medical literature.  In an effort create transparency concerning our medical malpractice review process, we have created the attached infographic.   

The standard of care usually requires doctors not to cut or divide anatomy that should be protected.  And it usually includes protecting patients from unnecessary harm.  Another complication unique to medical malpractice cases, giving way to gray areas, is that doctors are the only ones that are performing the procedure.  Frequently, it’s hard to figure out what the offending doctor did.  This is a problem endemic to other industries.  For example, unscrupulous auto mechanics might suggest an unnecessary repair.  Or that same auto mechanic might make a mistake during a repair, and because they are the only person who knows what happened, they might not be transparent about the error.  Finally, this same unscrupulous mechanic might not be aware that they committed a terrible error, but down the line, the car owner will surely experience the consequences.   

We must rely on subsequent treaters to diagnose the injury.  And it is extremely common for doctors who commit medical errors to obfuscate the true nature of their offense.  Further, it is extremely common for subsequent treaters to obfuscate the nature of the error.  We frequently investigate cases where our client didn’t truly know what happened to them for months or years.  Frequently doctors will never truly tell the patient the nature of their error.  This is why skill, experience, resources and tenacity are necessary characteristics for a medical malpractice attorney.  Everything is a fight.  And what is most insidious is that in situations where an obvious, almost laughable breach of the standard of care has taken place, there is enough gray area for the offending doctor and their attorneys to obfuscate.   

For these and other reasons, conviction is needed to litigate a medical malpractice case.  A thorough investigation and evaluation must be performed including review of medical records and applicable medical literature.  In an effort create transparency concerning our medical malpractice review process, we have created the attached infographic.   

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Vigorous Advocacy · Dedication · Results

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