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Medical Malpractice

Winning Medical Malpractice Lawsuits

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All health care providers are expected to treat patients with a recognized “standard of care.” Medical malpractice occurs when a health care practitioner deviates from the accepted practice norms and causes harm to a patient.

You can trace medical malpractice suits back to the 1800s in the U.S. Complications following “surgery” were sometimes disastrous. People were left with deformities, such as shortened or crooked limbs.

Lawyers at that time alleged that physicians did not provide “due proper care, skill and diligence.” Although the medical procedures, drugs and technology of today differ dramatically from those in the past, the consequences of contemporary medical errors are equally disturbing.

Current Medical Malpractice Estimates

Up to 200,000 patients may die each year in the U.S. due to medical malpractice. According to the Journal of the American Medical Association, medical negligence is the third leading cause of death in the U.S.

Examples of Medical Malpractice

All forms of negligence can lead to serious and life-altering complications, such as disability, disfigurement or death. Medical malpractice refers to:

  • Failing to diagnose a condition or not diagnosing the correct illness
  • Failing to recognize symptoms
  • Disregarding or not taking a thorough patient history
  • Misinterpreting or ignoring diagnostic results
  • Not ordering the appropriate tests
  • Conducting unnecessary surgery
  • Making surgical mistakes, such as operating on the wrong body part, performing the wrong type of surgery, or leaving a foreign object behind
  • Administering improper medication or dosage

Common Medical Malpractice Areas

There are many types of medical malpractice. Some of the more common ones are for:

You may have been damaged by one, or more of these, areas of malpractice.

Types Damages You May Recover

If you have suffered due to medical negligence, you may be entitled to two types of damages: economic and noneconomic. Economic damages compensate you for monetary losses and expenses. These may include:

  • Lost wages
  • Medical care and expenses, including physical therapy, medications, repeat surgeries, hospital and doctor visits, and diagnostic tests
  • Reduced or lost earning capacity if you are no longer able to work in your chosen field as a result of your complications
  • Funeral expenses if a loved one died as a result of negligence

Noneconomic damages are designed to compensate you for your physical pain and suffering, permanent disability or loss of function, mental distress, and lost quality of life.

In all instances of negligence, you may have cause to collect damages.

Lawyers Who Are Here for You

Have you or a loved one suffered complications resulting from medical negligence? If so, we may be able to help you. We realize your choices may feel overwhelming. To select the right firm for your needs, it is important to ask the right questions. These might include, what experience can this firm offer me? And, what is this firm’s philosophy toward working with its clients?

We believe that Weitz & Luxenberg stands out. For a quarter of a century, our lawyers have been winning complicated medical lawsuits. In fact, we are one of the largest mass tort plaintiffs’ firms in the country, representing tens of thousands of individuals.

How Weitz & Luxenberg Can Help

As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases. For more than 25 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won more than $17 billion for our clients.

We would feel privileged to assist you. For a free consultation and more information about your legal options, please call us at 800-476-6070. If you prefer, you can complete our form, and our client relations representative will contact you shortly.

Recent W&L Results

  • $7 Million

    W&L's Medical Malpractice team has worked on more than 1,000 lawsuits for wrongful death, injury and misdiagnosis. Headed by attorney Allan Zelikovic, in 2013 they recovered $7 million for clients.

  • $1.975 Million

    A NY woman was misdiagnosed with ovarian cancer and died from a ruptured appendix. W&L received a large settlement for her family.

Related Practice areas

W&L Facts

  • We got almost $38 million for our medical malpractice clients. Personal Injury and Malpractice
  • We won $1.1 million settlement for the family of a man who wasn’t told he had colon cancer until it was too late. Personal Injury and Malpractice
  • We got more than $194 million for our clients. Personal Injury and Malpractice
  • We got more than $148 million for our personal injury clients. Personal Injury and Malpractice
  • We’ve been helping clients for more than 25 years. Personal Injury and Malpractice
  • We won $7 million in settlements for medical malpractice in 2013. Personal Injury and Malpractice
  • We’ve been fighting for your rights for more than 25 years. Personal Injury and Malpractice
  • We won $2.35 million for the family of a woman in a case of wrongful death due to medical malpractice. Personal Injury and Malpractice
  • We helped clients from more than 15 states. Personal Injury and Malpractice
  • We won a settlement of $500,000 for a woman whose uterus was damaged during a surgical procedure.

    Personal Injury and Malpractice
  • We won $1.2 million for a woman who died of a pulmonary embolism after a tummy tuck. Personal Injury and Malpractice
  • We won $2.2 million for the son of a woman who died due to negligent postoperative care. Personal Injury and Malpractice
  • We won a $1.5 million settlement for a construction worker who fell off elevated train tracks. Personal Injury and Malpractice
  • Our largest single personal injury settlement was for $6 million. Personal Injury and Malpractice
  • We won a $1.4 million settlement for a client who was hit by an ambulance in NYC. Personal Injury and Malpractice
  • More than 700 clients have used us as their legal advisors. Personal Injury and Malpractice
  • Our largest total settlement amount for one client was $6 million. Personal Injury and Malpractice
  • We won a $15 million settlement for our clients who became a paraplegic due to negligent hospital care. Personal Injury and Malpractice
  • We won a $2.6 million settlement for a client with an ill-fitting prosthesis that caused decubitus ulcers. Personal Injury and Malpractice
  • We won a $6 million medical malpractice settlement for an infant who suffered brain damage at birth. Personal Injury and Malpractice
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How Weitz & Luxenberg Helped Me

  • Joan S. ‘s Story

    The loss of my husband Albert in 2009 was magnitudes of grief and tragedy. Gone was the love of my life. But also gone was the adored grandfather of a mentally and physically disabled child who had lost her own father -- Albert's and my son -- just two years before. If not for Weitz & Luxenberg, what's left of my family would never have had the opportunity to see justice done. I really believe that.

    - Joan S. NY
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