Medical malpractice claims, also called medical mistake claims are a type of personal injury claim that include, for example, injuries related to mistakes made at birth, injuries related to surgical mistakes and injuries related to a delay in the diagnosis of cancer and other diseases. These cases often require consultation with a medical specialist board certified in the particular field of medicine in question.
OGK partners Harry Oxman and David Kuritz have over 50 years of combined experience fighting for the rights of patients who have suffered an injury related to medical treatment. The medical malpractice team at OGK uses that experience to review potential cases with board certified specialists from some of the best teaching hospitals in the country.
In medical malpractice law, 'birth injury' refers to injuries to mother or infant that occur sometime between the beginnings of labor through to the completion of standard postpartum care. The legal requirement to provide a "standard of care" doesn't end with the delivery room doctor and nurse. The hospital as a corporate entity shares in the responsibility as do the support personnel, including Emergency Medical Services (EMS) personnel.
In many cases, problems during surgery are the direct result of a surgeon's mistake, anesthesiologist's error or hospital's negligence. Most patients and families have difficulty determining whether a surgery mistake may be the cause of an unsuccessful procedure. The medical malpractice team at OGK can investigate your surgery to determine if a mistake was made that caused you a serious injury.
The delayed diagnosis of a cancer or other disease can lead to a meaningful change in both the type of treatment required and the statistical chances of cure. The medical malpractice team at OGK will consult with the appropriate board certified medical specialist to determine if an alleged delay resulted in either or both of these injuries.
Product liability claims arise when an injury is caused by a defective product. This includes machines at work as well as household products. A product is typically considered defective if it lacks any element necessary to make it safe for its intended use. These claims generally involve the use of an expert witness to evaluate the design of the product and render an opinion whether it is defective. There are three types of defects which are generally discussed. A design defect, a manufacturing defect and a warnings defect (which is technically a type of design defect).
Other Types of Claims
Motor Vehicle Accidents
A motor vehicle accident may be the most common event that leads to a claim for compensation for injuries. Most states, including Pennsylvania and New Jersey, have insurance laws that permit the company selling you car insurance to offer a reduced premium in exchange for limiting your ability to pursue a claim for compensation. This is commonly called a "limited tort" (PA) or "verbal threshold" (NJ) policy of car insurance. If you elect this type of car insurance, your injuries have to meet a certain legal threshold before you can recover damages to compensate you for those injuries.
The general category of personal injury covers any claim for compensation that does not fall under one of the other four categories of (1) Medical Malpractice; (2) Product Liability; (3) Motor Vehicle Accident; or (4) Civil Rights. For example, claims commonly referred to as "trip and fall" or "slip and fall" are classified as general personal injury claims. These claims typically involve some degree of physical injury or disability caused by the negligence of another person or business entity. The personal injury attorneys at OGK evaluate all aspects of a client's potential personal injury claim including negligence, causation and the nature and extent of injury in order to obtain the best result possible under all of the circumstances presented by each individual claim.
Civil Rights includes claims for damages relating to any of the following: 1) the excessive use of force by police officers, 2) religious or racial discrimination by a public agency, or 3) any other denial of your civil rights. Our civil rights attorneys have extensive experience with the litigation of constitutional issues involving the state or federal government, municipalities, and school districts. We understand the elements of a Section 1983 civil rights claim and are familiar with the procedural and evidentiary demands of civil rights cases. We handle claims against law enforcement agencies and officers, such as police brutality, excessive force, or false arrest and defamation cases (including slander or libel) against private or public actors.