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jmp - Jensen McGrath Podgorny Catastrophic Injury Attorneys and Counselors at Law
toll free 866.433.4480 430 Davis Drive, Suite 250, P.O. Box 14029, Research Triangle Park, NC 27709 Jensen McGrath Podgorny
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MEDICAL MALPRACTICE

Medical malpractice occurs when a doctor or other health care provider fails to follow the proper standard of care and injures or kills a patient.

Medical malpractice can take many forms, including failing to follow correct surgical or medical procedures, administering an improper medication and failing to provide adequate nursing care.

Medical malpractice is not nearly as rare as you might think. According to a report published by the Institute of Medicine in 2000, preventable medical errors may cause upward of 98,000 deaths each year. According to the Centers for Disease Control, if this number is accurate, death from medical errors is the sixth leading cause of death in the United States. Even more startling, research from the health care quality ratings company HealthGrades suggests that the human toll of medical errors may be far higher, with preventable errors and negligence taking the lives of as many as 195,000 people each year.

The costs associated with medical errors are staggering. According to the Institute of Medicine, the estimated total cost of preventable medical errors approaches $30 billion annually, more than half of which is comprised of additional healthcare costs.

At JMP, we realize that that medical malpractice involves much more than suffering a medical injury. Medical malpractice frequently involves a breach of the sacred trust between patients and their physicians.

Our attorneys are widely known for their skill and expertise in this difficult area of the law. We would like very much to put our skill and experience to work for you.

Our attorneys have handled hundreds of medical malpractice cases including the following:

Birth Injuries

Birth injuries result because of medical errors made during pregnancy, labor or delivery.

When a child has a severe birth injury, the family is faced with a future that will involve prolonged and expensive care for that child.

Frequently, physicians and hospital personnel are not candid with parents about the cause of their child's condition. In fact, it is not unusual for some birth injuries to go undetected for months or even years. Many helpless parents are led to believe that their child simply has a condition or injury that was not preventable.

Fortunately, the truth is often revealed through litigation. Our attorneys know the telltale signs of birth injuries and recently helped recover $13.5 million on behalf of a child who was severely injured during delivery.

Our goal is to get you the answers and financial help you deserve.

Cerebral Palsy

Cerebral palsy is a devastating medical condition marked by reduced control over movement and posture. Cerebral palsy can be the result of a medical mistake in the delivery room when the baby is deprived of oxygen during labor and delivery.

This lack of oxygen can cause permanent brain damage. Cerebral palsy is frequently accompanied by reduced mental function, impaired speech, vision and hearing. A child with cerebral palsy may experience trouble sitting up and walking or may be affected by involuntary muscle movements and drooling.

As with other birth injuries, parents are often misled into believing that their child’s condition is not the result of a medical mistake. Our attorneys have successfully handled numerous cerebral palsy cases. We are well connected with medical experts in this field, and are uniquely capable of confronting doctors and hospital personnel with proof of their negligence.

If you have a child who you believe may have suffered brain damage during the pregnancy, labor or delivery, you owe it to him or her to find answers. We can help.

Surgical Mistakes

Surgical errors occur every day, frequently with deadly results.

Common surgical mistakes include negligent conduct by anesthesia personnel (this can result in oxygen deprivation, air embolism or other complications), positioning errors in which the sleeping patient is positioned in a manner that results in nerve damage or vision loss, and leaving a sponge or other instrument inside a patient during surgery.

Transfusion-related mistakes and negligently severing an artery, nerve or other structure during surgery can also be the result of medical malpractice.

Because the patient is usually asleep when surgical mistakes occur and the only witnesses to the malpractice are the very people who caused the injury, surgical malpractice cases pose a special challenge to attorneys.

Our attorneys pride themselves on their ability to solve these operating room mysteries.

Emergency Room Negligence

Combine a high volume of patients with staff shortages, overworked physicians, and bureaucratic red tape, and you have a recipe for disaster. The hospital emergency room environment is a ripe setting for medical errors.

Some of these pose deadly consequences for patients. A missed diagnosis or a delay in treatment can spell the difference between life and death for an emergency room patient. Frequently, haste and carelessness on the part of emergency room physicians and nurses result in severe injuries or the death of a loved one.

Our attorneys are not strangers to such cases and have handled and have helped other clients resolve a large number of emergency room malpractice claims.

Medication Errors

Medication errors can be especially deadly.

It is estimated that approximately 7,000 people die each year as a result of preventable medication errors. According to one study conducted between 1983 and 1993, the number of people who died from medication errors rose from 2,876 to 7,391 (an increase of about 250%).

Most medication errors occur when physicians and nurses fail to follow basic protocols and guidelines for medication ordering, preparation and administration. Medication errors can also take the form of dangerous interactions, overdoses and administration of the wrong medication. These mistakes often are the result of carelessness and inattention.

Our attorneys have successfully pressed medication error cases to successful resolution.

Diagnostic Errors

Advances in medical technology have saved the lives of millions. Doctors today have a broad array of imaging technologies, blood tests and other diagnostic tools at their disposal when caring for patients.

Sometimes, however, physicians either misinterpret the results of these studies, or fail to communicate the results to their patient or other health care providers.

For example, our attorneys have handled cases for patients who went to the emergency room complaining of chest pains and other classic heart attack symptoms, were treated for indigestion (or some other non-cardiac condition), and then discharged from the hospital only to suffer a fatal heart attack hours later.

In other cases, physicians have failed to identify malignant tumors or other pathologies that could have been discovered through common medical tests, allowing the cancer to go untreated and depriving the patient of the opportunity to survive the illness.



Practice Areas

At Jensen McGrath Podgorny, our attorneys have a long tradition of successfully representing injury victims and business owners in a broad variety of litigation settings. These include, but are not limited to, the following:

Medical Malpractice

Auto and Trucking Accidents

Workplace Injuries

Nursing Home Abuse and Neglect

Wrongful Death

Pharmacy Malpractice

Electrical Injuries

Victims of Crime

Premises Liability

Pharmaceutical and Medical Device Litigation

Governmental Liability

Environmental Law & Toxic Torts

Defective Products





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