At Eisner Law Firm, our knowledgeable and experienced attorneys are fierce advocates of your rights especially when you or a loved one becomes seriously injured or dies due to the negligent and reckless behaviors of a different individual. Our lawyers handle a variety of cases involving injuries including complex forms of medical malpractice cases to hard to prove personal injury cases. Our goal is to make this difficult time in your life easier, we will be with you through every step of the process from filing a claim, to discovery and if necessary all the way to trial. Our relationship with the expert witness, medical professionals, and insurance agents coupled with our reputation for handling difficult cases makes us the best choice for your medical malpractice or personal injury case.
What Is Medical Malpractice Law?
By definition, medical malpractice is any act or omission by a physician during treatment of a patient that deviates from the accepted norms of the practice and causes bodily or psychological harm to the patient. In other words, medical malpractice is when a doctor begins a procedure and does not follow the normal steps to complete the procedure. This can be considered reckless behavior by the doctor, especially if it ends with the injury or death of another individual.
Medical malpractice comes in many forms. A lawsuit can come into play when you have experienced a misdiagnosis, surgical errors, post-surgical infection, medication errors, lack of informed consent, nursing home abuse/neglect, birth injuries, and other various forms.
Common Types of Medical Malpractice
- Brain Injuries: There are two types of brain injuries, traumatic brain injuries (TBI) and non-traumatic brain injuries (NTBI). TBI is the more common brain injury. It is the most commonly a result of a slip and fall, being struck by or against an object, or auto accidents.
- Birth Injuries: Birth injuries come into play when the mother and/or child is injured or possibly dies during the birthing process.
- Mesothelioma: Mesothelioma is a rare form of cancer that is directly related to prolonged exposure to asbestos. Mesothelioma attacks the mesothelium, a protective lining around many of the bodies organs. This cancer spreads rapidly and has a low survival rate.
What is Personal Injury Law?
Personal injury law refers to a situation where a person is hurt physically, emotionally, or mentally by the negligent and reckless actions of another person. An example of a personal injury case would be someone who broke their arm in a car accident. If the injured person was obeying the laws of traffic and the person who caused the injury was participating in distracted driving (i.e. chatting on the cell phone), he or she might be liable to pay financial damages to the injured person including medical expenses and lost wages due to missed time at work. Most of the time, these types of cases are settled outside of court. Personal injury law comes in many forms. A personal injury case can arise from a defective product, wrongful death, nursing home abuse and neglect, vehicle accidents, workplace accidents, and other areas. If you think you have been injured due to the wrongdoing of another, do not hesitate to reach out to an attorney.
Common Types of Personal Injury
- Product Liability: Product liability has to do with an injury or death that is directly related to design defects, manufacturing defects, or lack of warning/incorrect advertising. Product liability suits can be hard to prove, our team of lawyers can help you navigate through the confusing legal jargon.
- Wrongful Death: When a loved one passes away, it is a grief-filled time. Wrongful death lawsuits come about when the death of a loved one is caused by the negligent and reckless behavior of another individual.
- Nursing Home Abuse and Neglect: When you put a parent, aunt or uncle, or any other elder person in a nursing home you expect them to be treated with the same care you would give them. Nursing home abuse and neglect cases are most commonly a result of falls, pressure/bed sores, wandering, or malnutrition.
Differences Between Medical Malpractice and Personal Injury
Although our attorneys are experienced in both areas of the law and they both have to do with injuries sustained, there are several differences between the two:
Complexity: Although personal injury cases can be complex, medical malpractice cases involve a lot of time and research. This is due to the fact the subject matter you are dealing with involves nuances in the field of medicine.
Proving Negligence: In personal injury, proving negligence is easier than in a medical malpractice case. For example, if a driver speeds through a stop sign and then gets into an accident injuring a person, the police report will usually indicate that they’ve admitted fault. In a medical malpractice case, the physician will not admit fault and it will take time and research to prove they mishandled the medical procedure or treatment
Statute of Limitations: For a personal injury case, the statute of limitations is around two years. But for medical malpractice cases, the statute of limitations is much shorter. It’s sometimes hard to fathom that a trained professional can make a mistake, but if you have any inkling whatsoever that something might have gone wrong, then it’s better to contact us for a case evaluation.
Affidavit of Merit: In order for a medical malpractice to be filed, the plaintiff must receive an affidavit of merit from a different physician indicating that the injury was a result of a negligence. Personal injury cases do not require a prerequisite to being filed.
Expert Witnesses: Medical malpractice cases often require expert witnesses to help prove negligence and give testimony. Their testimony will help show that there was an alternative treatment option or an error in the medical procedure. Personal injury cases do not usually require expert testimony.
Contact Eisner Law Firm
Medical malpractice and personal injury law are two tricky areas of law that contain an abundance of gray areas. Eisner Law Firm has the right team of experienced attorneys, former doctors, and former insurance agents in place that will get you the best compensation package possible. Contact us, tell us your story, and let us help you.