According to a blockbuster study published in the British Medical Journal on May 3, 2016, medical error is the third leading cause of death in the United States - right behind heart disease and cancer. While the study showed more than 250,000 individuals die annually from a medical error in the United States, the study did not count the hundreds of thousands of more people harmed by medical errors including permanent and catastrophic injuries.
Couple these troubling findings with a well-known survey of 2,600 physicians in the United States and Canada that showed only 33% of doctors would disclose grave error and apologize. Indeed, the 2006 survey showed 56% of physicians would disclose a serious medical error as an "adverse event" rather than label it a medical "error" to relegate the death or severe injury in the "stuff happens" category to escape responsibility.
The survey showed a greater number of doctors would admit a serious medical error only if it were likely to be discovered than if the medical error was too obscure or subtle to find. In short, the medical doctors are less likely to admit serious medical error if they think they can get away with it.
Physicians are not alone in maintaining a wall of silence to conceal errors that cause death and injuries. A 2016 FDA investigation revealed that medical device companies and some of our nation's top hospitals failed to properly report patient deaths and injuries caused by medical devices.
Christopher Constantine Legal Network has the knowledge and seasoned experience to pierce the medical industry's culture of silence to find what caused a patient's death or injury. Depending on the circumstances of your case, Mr. Alberto's team will analyze the medical records, the appropriate standard of medical care in the doctor's community and any other relevant evidence to determine whether an actionable claim exists, and if so, devise and execute on a legal strategy to recover the appropriate damages for the harm caused.
If the medical doctor(s), medical facilities and their insurance companies refuse to mediate or negotiate in "good faith," the client can expect zealous advocacy, insightful trial strategy and implementation of that strategy to achieve justice.
doctor error and negligence
Misdiagnosis or late diagnosis of a disease or severe medical condition is one of the most common doctor errors. Christopher Constantine Legal Network's medical malpractice team will be able to obtain the medical records and determine whether the physician's diagnosis was timely and accurate. Our medical malpractice team can also determine whether the doctor's misdiagnosis or late diagnosis of an ongoing disease process or medical condition affected the patient's survival possibilities.
For example, many cases of cancer can be prevented or successfully treated if the doctor timely orders the appropriate test, accurately analyzes the results and prescribes the proper treatment. Misdiagnosis or late diagnosis of cancer can affect a patient's survival rate and quality of life. The types of cancers most affected by misdiagnosis or late diagnoses include: breast cancer, lung cancer, prostate cancer, colon cancer, cervical cancer, ovarian cancer, testicular cancer, renal or kidney cancer, bladder cancer, bone cancer, brain and CNS tumors, leukemia, liver cancer, lymphoma, oral cancer, pancreatic cancer, skin cancer, stomach cancer, thyroid cancer, and uterine cancer.
Other examples of negligence by doctors include the failure to discover an illness; leaving a medical device or part in the patient during surgery; surgery without proper informed consent; and birth injuries and cerebral palsy.
Doctor negligence or medical error during fetal development or at birth can cause lifelong permanent injuries that include cerebral palsy, blindness, retardation or learning disabilities. Many of these birth injuries are cause by doctors or other medical personnel ignoring bleeding, not responding appropriately to umbilical cord entrapment or fetal distress, failing to order a timely C-section, the improper use of a vacuum extractor or forceps, the inappropriate use of Pitocin (Oxytocin) during labor, substandard care after birth and unsanitary medical devices and conditions that result in a severe infection.
Injury to the cerebellum (the portion of the brain that involves mental faculties, sensations, and voluntary muscle movement) causes cerebral palsy.
Other birth injuries during labor include Erb's Palsy or Shoulder Dystocia, which is caused when the excessive use of force harms the child during delivery. After birth, injuries can include a botched circumcision and the failure to act timely to infant distress.
Many injuries caused during labor or at birth do not become apparent until much later during child development. As a result, state and federal statute of limitations is not triggered until the harm to the child becomes evident and known.
The high rates of death, permanent disability, and suffering caused by medical error in the United States' health care system is inexcusable. Christopher Constantine Legal Network is dedicated to ensuring those harmed achieve justice.