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Frederic M. Rosen PC
Main offices located in Detroit, Michigan
535 Griswold, Suite 2040
Detroit, MI 48226
800-I-AM-HURT/800-426-4878
313-961-8900

Medical Malpractice

Medical malpractice occurs when a hospital, doctor's office, or medical professional has failed to provide medical care that meets the required standards due to negligence or wrongdoing. We have the right to expect adequate services from our health care professionals. We should expect them to properly diagnose the conditions we suffer from, to prescribe the correct type and amount of medication, and to perform medical treatments with responsibility and skill to assist in our health.
 
When necessary medical standards are not met, the consequences can be devastating. According to a Harvard Medical Study done in 1990, approximately 80,000 people die each year due to medical malpractice. We can help  you file a medical malpractice claim to assist you in recovering what you have lost as a result of medical malpractice.
 
While medical malpractice usually occurs in specialized fields of medicine like obstetrics-gynecology, neurosurgery, emergency care, and orthopedics, it can happen in any area of medicine from the pharmacy to the laboratory to the operating room.
 
Frederic M. Rosen PC , a  personal injury lawyer, can help you file a wide range of medical malpractice claims including:

•  Misdiagnosis or Failure to Diagnose –Delays in Diagnosing
•  Surgical Mistakes
•  Failure to Treat
•  Paralysis
•  Birth Injury /Birth Trauma
•  Wrongful Death
•  Hospital or HMO Negligence

If you feel that you or a loved may have suffered from medical malpractice, you may be eligible to recover your losses for pain and suffering, serious injury, death, loss of earning capacity, and medical bills. Contact us today for a free consultation. 
 
It is important to know that you must be able to prove three criteria in order to file a medical malpractice claim. You must prove your doctor failed to provide the standard of care and s/he made a mistake a reasonable doctor would not have. Also, you must show that your injury is a result of your doctor's negligence or wrongdoing. And you must show the damages suffered from the mistake.
 
In addition to meeting the conditions to file a lawsuit, cases are subject to a statute of limitations. This limits the time a person has to file a medical malpractice claim. In Michigan, the time to file a medical malpractice lawsuit is usually two years from the date of the injury, though this time limit can vary depending on the specific circumstances of your case. Call today to protect your legal rights.

The anticipated birth of a child is a cherished moment. But when an otherwise healthy child is the victim of a hospital’s and/or physician’s negligence, mistake, malpractice or error in judgment, the consequences can be tragic for the entire family and endure a lifetime.
 
Having a child who is the victim of an OBGYN or hospital error is difficult and life altering for many families. Some of the medical reasons a child might be born with an injury are damage caused by delivery instruments, a doctor waiting to long to perform a c-section or improper monitoring of the baby during delivery. Sometimes newborn babies require oxygen immediately after birth, and failure to provide oxygen in time can result in severe brain injuries or anoxic brain injuries. Mistakes like these can often be the direct cause of child’s injuries.
 
Birth injury is defined as any type of damage to an infant’s body before, during or just after birth. Complications in the process of pregnancy, labor and/or delivery can result in a variety of complications for a newborn baby. Birth injuries vary from being very minor to life threatening. Some of the common types of birth injuries include:

1.  Paralysis
2.  Fractured collar bone
3.  Fractured arm
4.  Cerebral Palsy—A brain injury or disorder. Cerebral Palsy is one of the most expensive disabilities to manage over the course of a person’s lifetime with an average lifetime cost per person of approximately one million dollars.
5.  Erb’s Palsy (Brachial Plexus Palsy)—A condition due to birth trauma that affects 1 or all of the 5 primary nerves that supply movement and feeling to an arm.

In some cases the child faces a lifetime of disability due to the actions, or inactions, of medical personnel. In these cases, investigations by a birth injury lawyer may be an important course of action for the grieving families.
 
Statistics show that approximately 27 out of every 1,000 births in the United States results in a birth injury*. A birth injury can be one of the most devastating personal injuries. Many parents fail to seek legal advice due to overwhelming emotional strain. Seeking legal representation after a birth trauma can allow the family to focus on its medical and emotional recovery while the attorney investigates the circumstances surrounding the concerns of medical malpractice. Contact Frederic M.  Rosen for help.
 
While proving a physical, emotional or cognitive injury can be difficult, our team is ready to embark on an investigation of your claim. If your child has sustained a birth trauma, injury or defect  as a result of medical malpractice, we would like to try and help you and your family through this difficult time. Frederic M. Rosen PC and his team are committed to protecting client’s rights and care not just about your allegations but about working toward the goal of making our medical community safer for the next family.

Failure to timely diagnose and treat cancer can lead to severe complications and even wrongful death. Few discoveries are as concerning as learning that a cancer was misdiagnosed or not diagnosed as early as appropriate. This delicate issue becomes even more painful when a physician failed to timely identify, correctly diagnose or treat the condition. A mistake of this magnitude can be life-altering.
 
Since 1990, more Americans have died of cancer than the casualties from the World’s major wars and conflicts combined. Over a lifetime, about 1 out of 2 American men and 1 out of 3 American women will develop cancer of some type. The National Institute of Health estimated overall costs for cancer in the United States at over $200 billion. Frightening statistics reveal the number of cancer cases increase in most categories each year.
 
Cancer is one of those diseases where time is of utmost concern. In spite of ongoing scientific research and progress in the quest to find better treatments for cancer, early diagnosis remains one of the most effective weapons when battling the disease. The earlier cancer is diagnosed and treatment begun, the more favorable the outcome will likely be.
 
Failure to diagnose cancer can be the result of many factors.

•  Failure to perform proper diagnostic tests
•  Errors in interpreting the results of tests
•  Errors made on the part of laboratory technicians processing the tests
•  Misinterpreting the symptoms presented by the patient

In any case, failure to diagnose a disease as serious and as potentially deadly as cancer can have dire consequences for the patient and their family. Frederic M. Rosen PC has evaluated and/or pursued cases involving the following kinds of cancer and related cases:

•  Colon cancer
•  Breast cancer
•  Ovarian cancer
•  Cervical cancer
•  Liver cancer
•  Kidney cancer
•  Prostate cancer
•  Brain tumors
•  Bladder cancer
•  Pancreatic cancer
• Various others

The failure to diagnose cancer by a medical professional could delay potentially life-saving treatment. In the majority of cancer cases, the patient’s odds of beating cancer are directly related to the stage to which the disease has progressed. It is quite possible for cancer to progress to the extent that it is no longer treatable.  Call today for a free consultation. 

Failure to Diagnose a Heart Attack

Every year in the United States, more than a million people have a heart attack, also known as an MI (myocardial infarction). A heart attack is an instance of heart failure, the stopping of the heart’s normal function. About two-thirds of individuals having a heart attack will show symptoms, such as some or all of the following: 

•  Severe chest pain
•  A tingling sensation in the chest 
•  Pressure or a sense of fullness in the chest
•  A feeling of heartburn/indigestion
• Nausea/vomiting
•  Fatigue
•  Pain or numbness radiating into one or both arms  

If the symptoms and signs of a heart attack are noted in time and diagnosed correctly, the patient can be treated and the serious consequences of a full-blown heart attack can be prevented. In contrast, a failure to diagnose a heart attack can have devastating results. 
 
Failure to Diagnose a Stroke
As with heart attacks, the appearance of symptoms of a stroke should be taken very seriously by medical professionals. Immediate medical treatment of a stroke can mean the difference between life and death or very serious complications. 
 
Strokes kill more than 150,000 individuals in the U.S. each year. The potential symptoms of a stroke include: 

•  Sudden numbness in a body part such as the face, arm, or leg
•  Sudden inability to speak or understand speech
•  Confusion
•  Trouble walking, moving
•  Loss of balance
•  Severe and sudden headache  

Common types of strokes include hemorrhagic (blood loss) and ischemic (blood flow blockage) strokes. Symptoms may be similar, but treatment is often quite different. 
 
If You’ve Suffered from a Failure to Diagnose a Heart Attack or Stroke
Medical negligence has grave consequences. The damages due to a failure to diagnose a heart attack or stroke may be eligible for financial compensation from the responsible party.
 
Contact Frederic M. Rosen PC to learn more about your legal rights if you’ve been harmed by medical malpractice.

Doctor errors have been the direct cause of a grave number of injuries, illnesses, and fatalities in the U.S. Although we all must place our health in the hands of doctors at some point in our lives, we expect that the doctors who treat us will be competent and well-trained. Unfortunately, this is not always the case, and individuals and families who are harmed by a Doctor’s error can get answers to their legal questions from the law office of Frederic M. Rosen PC.
 
A study by the Institute of Medicine of the National Academy of Sciences indicated that up to 100,000 people die each year in the U.S. due to medical mistakes. Doctor errors account for a major portion of these mistakes (other healthcare personnel such as nurses, midwives, laboratories and paramedics account for the rest).
 
Many Types of Doctor Errors
The most common types of doctor errors include:

•  Diagnosing a medical condition that does not exist, and treating it
•  Failing to diagnose/identify a medical condition
•  Interpreting a medical image (e.g., MRI, X-ray, CAT scan) incorrectly
•  Making mistakes during surgery
•  Operating on the wrong organ, body part, or patient
•  Performing unnecessary surgery (e.g., a Cesarean section, hysterectomy)

A Survey of Doctor Errors
The U.S. Department of Health and Human Services surveyed a large number of doctors and reported in early 2008 that 56% of those surveyed admitted that they had been involved in the making of a serious medical mistake. Nearly three-quarters of the doctors reported that they were involved in a “minor” error.
 
Doctor errors can result in immediate adverse medical events, or illnesses/injuries that do not manifest themselves for days, weeks or years. Additionally, the consequences of a doctor’s errors are not always treatable; in some cases, doctor’s errors have permanent and life-altering effects.
 
If a doctor’s error has impacted you or your family member, contact the Law Offices of Frederic M. Rosen  PC. He has obtained significant settlements and jury verdicts for clients who have been the victim of medical malpractice.
 
Doctor Negligence
Doctor negligence is at the heart of thousands of illnesses and injuries. Although most physicians take their work very seriously and provide medical care that is up to the expected standard, an alarming number of doctors have been found to have acted negligently on the job. Victims of doctor negligence in Louisville, Kentucky and surrounding communities can turn to the law office of Frederic M. Rosen PC for answers to their legal questions and representation.
 
There are numerous ways that a doctor may be guilty of negligence. Some of the most common types of doctor negligence are as follows.
 
Doctor Negligence Involving Surgery
One of the most shocking types of doctor negligence — performing surgery on the wrong body part or the wrong organ — happens at least 50 times each year in the U.S. Other surgical mistakes that are not uncommon include:

•  The wrong procedure is performed
•  The wrong patient is operated on
•  Anesthesia mistakes
•  Scalpel slips, cutting an organ, blood vessel or other tissue
•  Leaving a surgical instrument or sponge inside the patient after surgery
•  Unsanitary surgical instrument or conditions
•  Mistake in the surgical procedure itself
•  Mistakes in the pre-operative plan

Doctor Negligence Involving Medication
A physician may fail to prescribe needed medication, or may prescribe the wrong medication, or may prescribe the wrong dose. A doctor may also be found negligent when he or she prescribes medication but fails to take into account a patient’s:

•  Concurrent medication or therapy
•  Existing medical condition(s)
•  Allergy
•  Age or body weight

In addition, although doctors are notorious for their illegible handwriting, such poor handwriting has been the source of serious medication mistakes.
 
Doctor Negligence in Failing to Diagnose Correctly
There are four main ways that a doctor may be negligent in a diagnosis:

•  Failing to identify a medical conditon that exists
•  Diagnosing a condition when the patient does not have the problem 
•  Diagnosing the wrong condition 
•  Failing to diagnose a problem in a timely manner  

If you’ve been harmed by a doctor’s negligence, talk to Fred Rosen about your circumstances in a free, no-commitment consultation.

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