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Medical Malpractice

No area of the law sparks more debate then medical malpractice.  This is easily one of the most misunderstood areas of the law.  Advertising by insurance companies and the health care industry have many believing that there is a medical malpractice epidemic that requires reform of our legal system.  This is a flat out lie!  It is estimated that 200,000 people die each year due to preventable medical errors, yet less than .05% of medical professionals are being sanctioned for their errors and their families see no justice.   It has been conclusively determined that medical malpractice equals less than 1% of the cost of medical care in the United States but, those who would like to escape responsibility believe there should be "caps" or limits on the amount a jury can award a victim of medical malpractice.  This simply allows those who are careless to avoid making their victims whole and it also places the burden of their errors on the public as many of these victims must go on public assistance due to their injuries. 

At Dwyer, Black & Lyle, LLP, we believe the responsible party should bear the burden of their mistakes, not their victims or the public.  We see our practice as one designed to make our community safer.  One of the most frustrating parts of medical malpractice cases is that many of these professionals never learn how to practice safely by avoiding responsibility for their mistakes.  That's why we handle medical malpractice cases.  This does not mean that everything bad thing that happens with regard to someones health is medical malpractice.  Because of this, one of our jobs as attorneys is to tell our clients when they should, or should not, be in court.  As you can imagine, it can be quite costly to litigate medical malpractice actions.  It has been our experience that such cases are vigorously defended and typically require trial to resolve.  Again, we feel it is our job to keep clients out of litigation and only involve the court system where necessary.  At Dwyer, Black & Lyle, LLP, we are willing to review any potential medical malpractice claims free of charge to determine if it is in your best interest to go forward.  If we feel that it is in your best interest to proceed with your claim, we can discuss handling the case ourselves or securing you representation through one of our network of colleagues who also handle medical malpractice litigation.

It is also important for you to protect yourself the best you can.  If you are establishing with a physician or undergoing a procedure, do your research.  To check out physicians in New York, go to: www.nydoctorprofile.com/ and www.health.state.ny.us/professionals/doctors/conduct/  In Pennsylvania, you can obtain some information at www.licensepa.state.pa.us/.  Also, feel free to search the internet for your health care providers information and experience.  Mistakes do happen but if you carefully select a medical provider you may be able to reduce your chance of being harmed through malpractice. 

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