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Medical Malpractice

When a Doctor Has Injured You, Getting Relief Can Be Painful

By Lipton Law on October 23, 2012 - No comments

One of the most comprehensive studies on medical errors, the Harvard Medical Practice Study found that of the patients injured while in the care of a physician, a large number of those injured (or who lost their lives) were due to medical misdiagnosis.

Southfield Medical Error AccidentIn other words, getting to a hospital or a doctor does not guarantee that your ailment will be properly diagnosed. When a proper diagnosis is not made, proper treatment is not administered. As a result, you may spend more time than you should in a hospital or under a doctor’s care, you may lose more time from work, you may end up paying more for your out-of-pocket medical expenses, you may be required to have lifetime medical support to manage the condition brought on by the medical malpractice, or even worse, death may be the result of the doctor’s negligence.

Under Michigan law, when medical malpractice is suspected, the patient and/or his or her loved ones may have a claim for compensatory damages. These claims must be properly presented and timely filed in order that the responsible party(ies) be held accountable for their negligence and for you to get the compensation you may be entitled to.

If you or a loved one has been injured or you have lost a loved one to the negligence or error(s) of a Michigan medical practitioner, due to his or her medical malpractice, the experienced medical malpractice lawyers at Lipton Law can help you get the justice you deserve. Call us at 1 (248) 557-1688 for a free consultation.


Doctors Take an Oath to Do No Harm, but as They Rarely Disclose Medical Malpractice, How Would You Know?

By Lipton Law on October 11, 2012 - No comments

Royal Oak Medical Malpractice StudyMost everyone knows that a doctor takes an oath to “do no harm”. Implicit in that oath one would think that the obligations of the medical profession require that the doctor inform the patient, or his/her family, of any negligence resulting in injury or death to the patient. In reality, in only a very small percentage of cases do doctors admit their medical malpractice.

In a 2006 survey, conducted by the Agency for Healthcare Research and Quality (AHRQ), it was discovered that many doctors would not disclose a medical error causing injury or death to their patients/next of kin. Surgeons were more likely not to disclose errors made on the operating table than other medical practitioners.

In other words, if you or a loved one has been injured while seeking medical treatment or you have lost a loved one in the care of a doctor, medical malpractice may be at the root of the tragedy. Relying on the doctor to answer your questions regarding the cause of the injury or death, may be futile. If you suspect medical negligence, you may want to contact a skilled lawyer with experience handling these types of cases.

The knowledgeable and compassionate Royal Oak medical malpractice lawyers at Lipton Law can help you get the answers you need so that you can seek compensation from negligent parties. Call us at (248) 557-1688 for a free consultation.


Patients Are the Ones Who Suffer from a Delayed Diagnosis

By Lipton Law on September 21, 2012 - No comments

Macomb County Misdiagnosis InjurySeeking medical attention, we trust that medical professionals will provide a high standard of care when giving us a proper and timely diagnosis; administering medication; or performing a surgical procedure. This is especially the case when ailments may have to do with a serious illness or cancer. If you go to your physician or the emergency room and are released with the improper diagnosis or no diagnosis at all, this could lead to potential problems if you actually have a disease.

If you aren’t provided with timely and accurate medical treatment and care for a specific medical condition, the condition could worsen, lead to additional problems, or even cause death; none of which are pleasant to think about and are considered “never-events” in the medical community, meaning they should never happen in the first place.

What can a person do after discovering that they’ve been the victim of a delayed diagnosis? You first, may want to consider getting medical treatment as quickly as possible to ensure that the failure to properly diagnose the condition can be rectified. Next, you may want to seek competent legal representation to aid in your recovery.

Compensation for the injury inflicted on you or the worsening of a medical condition because of a medical professional’s oversight or negligence is not just a right you may have but a necessity to safeguard your medical and financial future. The MI delayed diagnosis lawyers at Lipton Law have the legal experience and skills to successfully handle claims associated with a doctor’s delayed diagnosis. We are available to help you at (248) 557-1688. To learn more about your legal rights and options, call us for a free consultation.


MI Medical Malpractice Reform Bills: Giving Bad Doctors Immunity?

By Lipton Law on August 17, 2012 - No comments

MI Med Malpractice BillA report by MLive.com examines the recent controversy over Senate Bills 1115-1118, which focuses on changes to medical malpractice laws in Michigan. An assembly held in July prompted 300 people to turn out for testimony regarding the proposed legislation changes, and much of the debate focused on Senate Bill 1116.

This Bill states that a healthcare professional or facility would not be liable if the physician acted with “reasonable and good-faith belief” that his or her conduct was “well-founded in medicine and in the patient’s best interests.” Another controversial bill is 1115, which would reduce the amount of damages that can be awarded to medical malpractice victim.

Supporters of these medical malpractice reform bills, which include insurers and doctors, assert that the reform would improve access to healthcare and address inequities in liability statutes. Supporters feel creating a more “welcoming” environment would help address the looming physician shortage in MI as many doctors are reaching retirement age. However, personal injury lawyers, their clients, and medical malpractice victims feel the bills would make it more difficult to win medical malpractice cases and basically give bad doctors immunity from their misdoings.

At press time, the Senate Insurance Committee had not voted on the reform bills and it may not be discussed until the new session resumes.

For victims of medical malpractice, holding negligent parties responsible and obtaining compensation for their injuries can be difficult without proper legal representation. The Macomb County medical malpractice attorneys at Lipton Law aim to stay abreast of changes in medical malpractice laws and have the knowledge and skills needed to help you get winning results in your case. For a complimentary consultation on your claim, please call (248) 557-1688.


Understanding “Pain and Suffering” Limits in Michigan Medical Malpractice Cases

By Lipton Law on June 18, 2012 - No comments

Michigan Medical Malpractice LawsMichigan law limits the amount of non-economic damages, or damages for “pain and suffering,” a person or family can recover in a medical malpractice case. These damages are separate from damages for costs like medical bills, lost wages, and prescription drug costs.

In 1993, the Michigan legislature set the non-economic damages limit for medical malpractice at $280,000 per case, unless certain exceptions applied. An applicable exception raises the damages limit to $500,000. Exceptions include:

  • A brain or spinal cord injury causing paraplegia, hemiplegia, or quadriplegia that includes the total permanent functional loss of at least one limb;
  • Permanently impaired cognitive capacity that makes the patient unable to make independent, reasonable life decisions and makes the patient permanently unable to independently perform daily living tasks; and
  • Permanent loss or damage of reproductive organs that leave the patient unable to make or bear children.

These numbers, which were set in 1993, are adjusted every year to keep pace with inflation. For 2012, the general limit has been adjusted to $424,800 and the limit for exceptions has been adjusted to $758,500.

Medical malpractice cases are often overwhelming for patients and their families. Recovering from your injury or illness, paying medical bills, and handling daily tasks of living can be difficult enough without also trying to file insurance claims or find out what went wrong on your own.

At Lipton Law, we take these and other issues off your hands so that you can focus on getting well, while our dedicated Southfield medical malpractice lawyers apply their experience to winning the compensation you need. Call us today at (248) 557-1688 for a free, confidential consultation.


Michigan Legislators Introduce Bills to Limit Medical Malpractice Damages

By Lipton Law on May 17, 2012 - No comments

Republican representatives in Michigan’s state legislature have introduced several bills that change the rules on medical malpractice cases in Michigan, according to Michigan Lawyers Weekly. One of the bills’ main goals is to limit the types and amounts of damages that injured patients and their families can collect in medical malpractice cases.

Senate bills 1115, 1116, 1117, and 1118 all affect Michigan’s medical malpractice laws in various ways. One provision lumps damages for loss of household services, loss of companionship, and loss of consortium into the category “non-economic damages.” Non-economic damages, which typically also include damages for pain and suffering, are capped in Michigan. Loss of household services and related damages are currently considered “economic damages,” which are not capped, but this bill would place a cap on the combined total of damages for pain and suffering and these losses.

Another provision, appearing in Senate bill 1116, would change the standard for medical negligence. Rather than showing that a physician failed to meet the standard of care in the profession, a case would turn on whether the physician exercised a “professional judgment,” defined as “a reasonable and good-faith belief that the person’s conduct is both well founded in medicine and in the best interests of the patient.” Whether or not the physician exercised a professional judgment would be a question for the judge, not the jury.

At Lipton Law, our experienced Michigan medical malpractice attorneys can help you protect your legal rights and seek the compensation you need after an injury so that you can focus on getting well. For a free consultation, call us today at (248) 557-1688.


Celebrate National Heart Health Month with a Second Opinion

By Lipton Law on February 1, 2012 - No comments

February is National Heart Health Month, and organizations like the American Heart Association (AHA) are spreading the word about heart disease. Heart disease causes damage to the heart and the blood vessels that carry blood to and from the heart. Undiagnosed, misdiagnosed, or untreated heart disease is a major cause of heart attacks, especially in women, who may not experience any symptoms of heart disease before an attack occurs.

According to the American Heart Association, it’s never a bad idea to get a second doctor’s opinion if you are unsure that your first physician has correctly diagnosed your heart disease or is offering sufficient treatment and prevention options for it. This is especially true if you have several risk factors for heart disease, including a family history of heart problems. Since heart disease can lead to several serious health consequences, including premature death, getting a second opinion may mean the difference between a long, healthy life and disability or death.

If caught early, heart disease can be prevented or kept from getting worse by lifestyle changes, medications, and surgery designed to keep the heart moving and the blood vessels clear. If it’s ignored or overlooked, however, heart disease can cause serious consequences, including heart attacks, blood clots, and other conditions.

If you or someone you know has been injured by a doctor’s failure to diagnose or treat heart disease, please don’t hesitate to contact the experienced Southfield medical malpractice attorneys at Lipton Law. For a free and confidential consultation, call us today at (248) 557-1688.


The Most Underestimated Type of Medical Malpractice: Misdiagnosis

By Lipton Law on November 22, 2011 - No comments

When most people think of “medical malpractice,” they think of errors made during surgery, or a patient who is given the wrong medications. However, misdiagnosis can also be a form of medical malpractice -which can have serious and even life-threatening consequences for the patient.

Despite the risks, misdiagnosis is still rarely studied. A 1999 study estimated that anywhere from 44,000 to 98,000 people die in the U.S. each year as a result of medical misdiagnosis, and as many as 9 million are injured – sometimes permanently. Researchers estimate that 5 to 15 percent of patients are misdiagnosed at least once in their lives, but most do not suffer serious consequences as a result. For those who are harmed, however, the failure to diagnose properly can have life-altering consequences.

The causes of misdiagnosis are still being pinpointed, but patients can help protect themselves by keeping accurate records of their medications, allergies, and previous diagnoses, and sharing these with their doctors. Keeping careful track of symptoms can also help doctors make the right diagnosis the first time. Also, a second opinion can help patients avoid a dangerous misdiagnosis.

If you or someone you love has suffered from a wrong diagnosis, the experienced Michigan medical misdiagnosis attorneys at Lipton Law can help. We have the legal resources and real-world experience to help you piece together what happened and hold any negligent parties accountable for the damage they have caused. Call us today at (248) 557-1688 for a free and confidential consultation.


Medical Malpractice During Birth May Result in Facial Nerve Palsy

By Lipton Law on November 15, 2011 - No comments

Facial nerve palsy is one condition that can be caused by a birth injury, according to the National Institutes of Health (NIH). The condition is caused by pressure on the facial nerve, also known as the seventh cranial nerve, during the birthing process. This pressure may occur naturally, but it can also be inflicted by certain birthing tools such as forceps.

Symptoms of facial nerve palsy include the inability to control the muscles of the face. Infants who have facial nerve palsy may be unable to close their eye on the affected side of the face, or may have lopsided facial expressions when crying, smiling, or grimacing. In severe cases, the child will have no movement on the affected side of the face at all; instead, these muscles will be totally paralyzed.

In some cases, facial nerve palsy goes away on its own as the body heals the injured nerve, especially if the condition is mild. More severe cases, however, may require therapy, and some cases of facial nerve palsy are permanent. Little is known about the causes or prevention of facial nerve palsy, but a difficult labor, including the use of epidural anesthesia or medications to produce stronger contractions, may be contributing factors.

Medical malpractice can cause serious and permanent injuries. If you or someone you love has been injured by a health care practitioner’s negligence, please don’t hesitate to contact the experienced Michigan medical malpractice attorneys at Lipton Law. For a free and confidential consultation, call us today at (248) 557-1688.


Bedside Ultrasounds May Reduce the Risk of Misdiagnosis

By Lipton Law on August 16, 2011 - No comments

When examining a patient in an emergency room, hospital room, or doctor’s office, physicians have used certain tools for years, including the stethoscope, tongue depressors, and blood pressure cuffs. Soon, the ultrasound may join the basic physical exam toolkit, according to a recent article in The New England Journal of Medicine.

Ultrasound is a painless, non-invasive procedure that bounces sound waves off the body’s interior tissues and uses the feedback to create an image. Originally, ultrasounds were performed by radiologists and their staff, who were trained in taking X-rays and similar images of the body. Recently, however, ultrasound technology has become cheaper, more efficient, and more portable. These innovations make ultrasound technology an option for bedside use.

Ultrasound is already used at the bedside in some procedures, including thoracentesis and lumbar punctures, where it’s important to see precisely where in the body medical instruments are being inserted. However, rules and procedures for using ultrasounds at the bedside have not yet been developed. Eventually, researchers hope that ultrasound use will help reduce the chances of an incorrect or delayed diagnosis causing harm to a patient.

Thousands of citizens in the United States suffer the consequences of a delayed or incorrect diagnosis for their specific medical condition each year. The results can be permanently damaging or even fatal. If you or someone you love has suffered due to a medical misdiagnosis, the experienced Michigan medical misdiagnosis attorneys at Lipton Law may be able to help. Call us today at 248-557-1688 for a free and confidential consultation.