If you or someone you love has been a victim of medical negligence, you need a personal injury lawyer on your side to take on powerful defendants. With over 35 years of legal experience, including a background as a former prosecutor, Larry Moskowitz is the aggressive and battle-ready trial lawyer you want in your corner. We will relentlessly advocate for your rights and leave no stone unturned to ensure you get the justice and compensation you deserve in your medical malpractice case. Call now at 866-312-0708 or contact us online to schedule your free case evaluation.
Top Medical Malpractice Law Firm
An overburdened healthcare system has contributed to a high incidence of medical malpractice cases. When healthcare providers are stretched thin, mistakes are more likely to occur. Overworked medical professionals may take shortcuts, overlook critical details, misdiagnose conditions, or make errors during surgical procedures, leading to serious harm or even death for patients.
Furthermore, the profit-driven practices of many healthcare institutions may prioritize financial gain over patient care, compromising the quality of medical services provided. In this scenario, victims of medical malpractice should choose an aggressive medical malpractice lawyer who can hold negligent medical professionals and institutions accountable for their actions.
Medical Malpractice Legal Services
Medical malpractice claims hinge significantly on the concept of the “Standard of Care.” According to legal statutes, the Standard of Care refers to the level of medical care or treatment that is expected from a healthcare provider, on average. Essentially, if most providers would act similarly in a given medical situation, that becomes the benchmark or the prevailing Standard of Care.
Establishing the Standard of Care
The preeminent medical negligence lawyer, Larry Moskowitz, will establish the prevailing standard in your case and find evidence to show a breach of the Standard of Care.
Identifying Breaches of the Standard of Care
A breach of the Standard of Care occurs when a healthcare provider’s actions deviate from accepted norms and result in patient harm. For instance, a hasty diagnosis without the necessary tests, incorrect prescriptions, unnecessary treatments, surgical errors, and misinterpretation of lab results all signify a breach. These deviations constitute the core of a medical malpractice claim.
Finding Evidence to Prove a Breach of Standard of Care
To prove a breach of the Standard of Care and subsequent injury, specific evidence that attorney Moskowitz will aim to collect includes:
- Medical Records: Comprehensive records from the patient’s treatment, including doctor’s notes, medication prescriptions, and treatment plans.
- Lab Reports and Diagnoses: Results and interpretations of various diagnostic tests and lab analyses that were conducted.
- Surgical Records: Detailed records of any surgical procedures, including preoperative and postoperative notes, surgical reports, and follow-up care details.
Presuit Investigation in Medical Negligence Cases
Before a claimant can formally initiate a medical malpractice lawsuit, a presuit investigation is mandatory. This investigation is conducted to ensure there are substantial reasons to believe the following:
- Any defendant named in the litigation was negligent in providing care or treatment to the claimant.
- This negligence directly resulted in an injury to the claimant.
To establish reasonable grounds for initiating litigation in medical malpractice claims, the claimant must submit a verified written opinion from a qualified medical professional. This medical expert’s statement should be provided at the time the notice of intent to initiate litigation is sent.
The expert’s opinion serves to corroborate the reasonable grounds supporting the claim of medical negligence, reinforcing the claimant’s case and adding weight to the allegations of negligence against the healthcare provider.
One of the top medical malpractice lawyers, Larry Moskowitz, will leverage his extensive experience to analyze medical records, collect strong evidence, and evaluate the pre-suit investigation and expert opinion to establish a clear breach of the Standard of Care.
How Medical Malpractice Attorney Larry Moskowitz Will Challenge the Defendant’s Claim of Foreseeable Injury
In medical malpractice cases, if an injury was “foreseeable,” it implies that the patient should have anticipated the potential risks and complications associated with the treatment or procedure. Consequently, if an injury was foreseeable, it typically negates the grounds for a malpractice claim.
When faced with a defense of foreseeable injury, Larry Moskowitz, one of the leading medical malpractice attorneys, pursues a strategic approach to challenge this assertion.
Scenario 1
Example: A patient undergoes a routine surgical procedure and experiences unexpected complications post-operation, resulting in severe health issues.
Challenging the Claim of Foreseeable Injury: Attorney Moskowitz would review the informed consent documents to determine if the patient was adequately informed about the risks associated with the surgery.
Scenario 2
Example: During childbirth, the infant suffers a birth injury that was not anticipated or explained by the medical team.
Challenging the Claim of Foreseeable Injury: Attorney Moskowitz will find medical records and may enlist the expertise of obstetricians and neonatologists to show that the birth injury was not a foreseeable complication known to the parents.
