Medical Malpractice Attorneys

The attorneys of Breit Biniazan are passionate about fighting for the rights of those who have been injured by a medical professional’s negligence or wrongdoing.

Medical errors are the third-leading cause of death in the U.S., making it even more crucial to hold those responsible legally liable—and, in some cases, remove them from the practice of medicine entirely.

Our firm has decades of experience litigating medical malpractice cases against negligent hospitals, physicians, and other medical providers, securing the compensation injured patients and their loved ones deserve.

Our attorneys work closely with victims of medical malpractice to recover financial damages—often resulting in multi-million dollar recoveries.

To get a free and confidential case evaluation, contact Breit Biniazan online or call our legal experts at 855-212-8200.

Contents

• What Is Medical Malpractice?
• Determining Liability for Medical Malpractice Cases
• Medical Malpractice Statue of Limitations
• Types of Medical Malpractice Claims We Handle
• Evidence Needed To Prove Medical Malpractice
• Potential Damages You Can Receive

What Is Medical Malpractice?

Medical malpractice is generally defined as when a medical professional or facility fails to adhere to the general standard of care owed to patients and this breach leads to a patient’s injury.

These medical professionals and facilities can include:

• Hospitals
• Doctor’s offices
• Doctors
• Nurses
• Surgeons
• Physical therapists
• Paraprofessionals

Determining Liability for Medical Malpractice Cases

To recover damages for medical malpractice, an injured patient will need to show that:

• There was an established relationship between the medical provider or facility and the patient
• The medical provider failed to meet the appropriate standard of medical care
• This breach of duty directly caused the patient’s injuries
• The patient suffered physical, mental, and/or financial damages as a result of the injury

A plaintiff will need to prove all four of these elements in order to recover damages.

Medical malpractice claims can be more difficult to prove than other types of personal injury claims.

Because healing progress can vary widely from person to person, a patient can’t recover damages for malpractice simply because their condition failed to improve (or failed to improve quickly enough).

Instead, they’ll need to show that the care provided (or not provided) actively made their condition worse.

This makes it even more important to work with an experienced malpractice attorney when pursuing a claim against a medical professional.

Medical Malpractice Statue of Limitations

Typically the statute of limitations for medical malpractice lawsuits is only two years.

This means that failing to file a lawsuit against the responsible party (or parties) within this period could permanently bar your claim, even if the defendant’s liability is otherwise clear.

It’s important to consult an attorney quickly to ensure that any claim you file won’t be blocked on statute of limitations grounds.

Types of Medical Malpractice Claims We Handle

At Breit Biniazan, we handle a wide range of potential malpractice claims, from failure to diagnose to surgical errors. Below are just a few of the malpractice categories we handle:

Anesthesia Errors

Anesthesiologists tend to have the highest medical malpractice insurance premiums—and for good reason.

Although anesthesiologists aren’t more likely to commit malpractice than other types of medical specialists, an anesthesia error can be incredibly dangerous or even deadly.

If a patient isn’t given the proper advisement before going under the knife and inadvertently eats or drinks before the procedure, they could be at greater risk of aspirating their own vomit.

If a patient’s vital signs aren’t appropriately monitored, they could suffer serious heart, lung, or organ damage while the surgery is taking place.

ER Mistakes

The emergency room is a busy, often frantic place, which means that serious ailments can go undiagnosed or emergency treatment could go awry.

Some of the most common ER errors that are later subjects of malpractice lawsuits include:

• Physician, EMT, and paramedic negligence
• Mistyped or tainted blood transfusions
• Surgical errors
• Premature release of a patient who hasn’t been appropriately stabilized

Failure to Diagnose

Many medical conditions are easily treatable when diagnosed early. However, with ailments like cancer, appendicitis, or scarlet fever, delayed diagnosis or misdiagnosis could seriously impact a patient’s long-term prognosis.

Some failures to diagnose claims result from improper or substandard record keeping (such as failing to document all the medications a patient is taking). Others may indicate a mistake in the physician’s interpretation of test results.

To establish a “failure to diagnose” claim, a patient will need to prove that another physician would have correctly identified the illness given the information known at the time.

Intubation Mistakes

The COVID-19 pandemic has significantly increased the number of patients who require some outside breathing assistance, including intubation and ventilator usage. Unfortunately, this has also significantly increased the number of intubation-related errors medical malpractice attorneys see.

Placing the breathing tube in an incorrect position in the esophagus, perforating the windpipe or other tissues, or over- or under-inflating the tube can all be risky to patient health.

If the patient requires the tube to breathe, intubation mistakes can starve the brain of oxygen and cause permanent brain damage.

Surgical Errors

Whether due to fatigue, training mistakes, substance abuse, miscommunication, or sheer carelessness, surgeons who make a mistake during surgery could cause life-altering injuries to the patient. Surgical errors can encompass surgeon mistakes, anesthesia errors, or problems with aftercare.

Some types of injuries are known as RES IPSA loquitur injuries—they are injuries in which the negligence is so obvious, that the jury doesn’t need an expert medical opinion to establish the standard of care.

Some examples of RES ISPA injuries include accidentally leaving medical waste or surgical implements inside the patient or operating on the wrong limb.

Other Medical Malpractice Cases We Handle

The list above is only a sampling of the types of medical malpractice claims Breit Biniazan handles.

We also have experience in litigating cases involving

• Birth errors
• Chiropractic or spinal negligence
• Plastic surgery errors
• Pharmaceutical errors like improper dosing or medication mix-ups
• Gynecological injuries

If you have questions about your own experience with medical negligence, give our offices a call at 855-212-8200, or fill out our contact form to schedule your free, no-obligation consultation with a member of our legal team.

Evidence Needed To Prove Medical Malpractice

To establish the key elements of a malpractice lawsuit, you’ll need to investigate and gather evidence, enlist the services of expert witnesses, and build a strong case.

Some of the evidence that can support your claim includes:

• Medical records
• Witness testimony
  • This can include testimony from your spouse or children on the impact the injury has had on your daily life
• Expert witness testimony
  • A medical expert can testify about the general standard of care for the procedure or examination you underwent
  • A medical expert can also testify about your prognosis and the lasting physical impact of the injury
  • An occupational expert can testify about the financial impact the injury had on your ability to earn an income

Potential Damages You Can Receive in a Medical Malpractice Case

Depending on the evidence you present, your claim may then proceed to the damages phase, where the court or fact finder will determine exactly how much the defendant’s negligence cost you.

Some of the damages that may be recoverable in a medical malpractice lawsuit include:

• Medical expenses
• Future medical costs, including therapy or rehab costs
• Lost wages
• Lost future earnings
• Pain and suffering
• Emotional distress

The defendants in your medical malpractice lawsuit can be anyone who was involved in your treatment, including:

• Physicians
• Nurses
• Anesthesiologists
• Medical records transcribers
• The hospital or medical practice that employs those who treated you

Often, a complaint may be amended to include additional defendants as the investigation reveals additional at-fault parties.

Breit Biniazan: Medical Malpractice Attorneys

Sadly, most medical malpractice tends to be committed by a relatively small proportion of providers. And because many potential lawsuits never see the light of day—with the responsible parties offering a financial settlement before any complaint is ever filed—it can be tough to assess which physicians may be more careless than others.

At Breit Biniazan, we’re committed to shining a spotlight on bad physicians and ensuring that our clients receive justice for the injuries they’ve suffered. If you or a loved one has been injured by a medical provider’s negligence, it’s important to act quickly to protect your rights. Insurance companies are experienced in high-pressure settlement tactics and may try to bully you into accepting an offer that doesn’t come close to fully compensating you.

We have the skills, knowledge, and resources available to help you pursue the justice and compensation you deserve. Furthermore, our experience handling these difficult cases has equipped us to litigate a wide range of personal injury claims.

Give us a call at 855-212-8200 or fill out our contact form to schedule a consultation with a member of our legal team. Our experienced medical malpractice attorneys can walk you through your options and help you decide how you would like to proceed.