HOW TO AVOID COMMON DENTAL MALPRACTICE CLAIMS

Res ipsa loquitur is a legal doctrine that allows a plaintiff to establish a prima facie case of negligence by showing that the injury or harm suffered would not have occurred in the absence of negligence on the part of the defendant. The Latin phrase "res ipsa loquitur" translates to "the thing speaks for itself," and the doctrine is based on the idea that some events are so inherently improbable that they would not have occurred in the absence of negligence. Under res ipsa loquitur, the plaintiff does not need to prove the specific act of negligence that caused the injury or harm. Instead, the plaintiff must show that the injury or harm was the type of injury that does not normally occur in the absence of negligence, that the defendant had control over the instrumentality or circumstances that caused the injury or harm, and that the plaintiff did not contribute to the injury or harm. Res ipsa loquitur is often used in cases involving medical malpractice, where the plaintiff may not have direct evidence of the specific act of negligence that caused the injury, but can show that the injury would not have occurred in the absence of negligence. For example, if a patient wakes up from surgery with a surgical instrument left inside their body, res ipsa loquitur may be used to establish a prima facie case of negligence. While the doctrine of res ipsa loquitur can be a useful tool for plaintiffs, it is not a guarantee of success in a negligence case. The defendant may still present evidence to rebut the presumption of negligence and show that the injury or harm was not caused by their negligence. Additionally, some jurisdictions have limited the application of the doctrine in certain circumstances, such as when the injury or harm was caused by a natural event or when the defendant's conduct was not within their control. If you have been injured by malpractice or any act of negligence, give us a call and we can help guide you through the process to ensure your rights are protected - 516-810-8100.

With each passing year, the medical field makes new discoveries and advancements to increase the level of care we receive when we visit our physicians. As the availability of information and technology increases for providers, it changes lives, lifelines, and treatment plans for countless individuals. When medical care is done right, it gives us hope and faith in our doctors and their ability to care for and improve the lives of those in their charge. Unfortunately, miscommunication and errors can occur within any practice, so it is important for both patients and providers to take steps to prevent malpractice claims. We have outlined below ways to minimize medical malpractice claims and improve the quality of care given and received. BUILD RELATIONSHIPS & CREATE TRUST From a customer service perspective, good healthcare begins and ends with building relationships and trust between a patient and their physician. As patients, we put faith in our providers to offer honest care and personalized treatments. It is the expectation to receive care underlined with concern, kindness, and respect. Providers are charged with offering patients a space and relationship where they feel open and comfortable sharing information about their bodies and health. While each provider may care for dozens of patients each day, one of the most important things they can do to foster great patient relationships is to make every individual in their care feel as if they are the only priority. COMMUNICATION IS KEY While medical errors do occur, in many cases, medical malpractice suits are filed due to poor communication and misunderstanding between the patient and provider, making your interactions all the more important. A good doctor will advocate for you, your health, and your right to the treatment you deserve. While it can be embarrassing and hard, it is important to provide your doctor with an honest assessment of how you are feeling or responding to treatments or their recommendations. It is important to ask questions and for clarification when needed. You know more than anyone what it’s like living with your body, mind, and spirit — your doctor cannot provide accurate care unless you are being open and honest in what you are experiencing. In return, physicians must take steps to establish strong relationships with their patients. This requires patience and understanding — patients often need help to understand the cause/effect relationship of the care and treatments they receive. By focusing on fostering positive connections with patients, it creates an encouraging, honest, and empathetic relationship between both patient and provider. YOUR DOCTOR IS HUMAN TOO While your physician is an expert in their field — they have the degrees and time spent to prove it — it is important to remember they are also human, and sometimes they make mistakes. This is not to say your doctor should be unprofessional, rude to you, or careless in their work. However, it is vital to remember they have their own worries, life, and family outside of the office or hospital. Compassion is a two-way street and it can make all the difference in ensuring you receive the care and treatment you deserve. USE EHR & ONLINE PORTAL TO YOUR ADVANTAGE The incorporation of electronic health records (EHR) and online systems into facilities is usually a positive move for both patients and providers alike. It allows providers to easily share notes and comments with outside specialists and can provide patients with a portal to view their health records, request medication refills, and communication with their physicians, and so on. Each of these systems is designed to improve efficiency within a practice or hospital while providing patients access to their records and notes from their doctor. When used properly, EHR offer complete records of a patient’s care, the recommendations provided, and actions taken to help improve their health and wellbeing. When physicians record comprehensive notes and evaluations, it can aid them in the event they are sued for malpractice. However, it is important for providers to remember these are just tools and using an EHR system cannot replace developing a bond with your patient. It is common for patients to feel their doctor spends too much time typing notes on the computer, rather than speaking with them about what they are experiencing. While taking notes is important, making sure your patient feels heard is just as vital. DEFENDING YOUR RIGHTS IN A MEDICAL MALPRACTICE CASE No one wants to be involved in a medical malpractice case, but if you need legal representation, Chiariello & Chiariello is here to help. For two generations, our family-owned law firm has helped families and individuals across Long Island and New York City defend their rights and work towards financial recovery after medical negligence. We represent clients in highly complicated medical malpractice cases and truly advocate for their needs. To receive more information about our medical malpractice representation or to schedule a consultation, please contact us today at (516) 360-2869.

Remodeling or renovating your home is an exciting yet sometimes stressful experience. It is your chance to bring new life to your space and add value to your property. Embarking on a home improvement project is a big decision and one that can be further complicated if you need to hire someone to complete the work. Finding the right contractor can be a challenge. You are counting on them to care for and improve your home. Furthermore, you are trusting them to work efficiently and effectively so you and your family can return to your lives without interruption. It is essential to choose a contracting team that can complete the project on time and within budget. MALPRACTICE CASES ARE NOT LIMITED TO DOCTORS & LAWYERS While cases against medical providers are certainly most associated with malpractice, professional malpractice cases can extend to any vocation. When a builder or contractor has not completed the work agreed upon, has damaged a home or building, or compromised its safety, the owner may have grounds to file a malpractice suit. However, steps can be taken at the beginning of the home building or remodeling process to vet contractors properly. KNOW WHAT YOU NEED TO BRING YOUR VISION TO LIFE Whether you are building a new home, creating an addition, or remodeling existing spaces, it is essential to know what your project will entail. This includes projected cost, completion time, and materials needed. While you certainly do not have to have top-to-bottom knowledge on what will go into your project, having an understanding of the time, labor, and costs involved will help you better identify a contractor to fit your needs. HAVE THEY OBTAINED THE APPROPRIATE PERMITS? Filing for building permits not only ensures your project complies with local zoning, construction, and land use codes — it holds your contractor or builder to a certain standard of safety and quality. Starting a project without the appropriate permits can result in fines for the homeowner. If your contractor hesitates to file for the appropriate permits, it may be a red flag — securing permits is part of their job and the bidding process. ARE THEY LICENSED, BONDED, AND INSURED? While not every trade requires licensure, it is important to work with contractors who are bonded or insured. When contractors invest in contractor’s insurance or a contractor’s bond, it ensures you are protected in the event of damage to your property, failure to complete a job, or other factors. Before you hire a contractor, verify if they are required to have a license, and ask for proof of insurance or bonds. HOW LONG HAVE THEY BEEN IN BUSINESS? When it comes to project management, budgeting, and remodeling, experience matters! Working with a contractor who has an established reputation, portfolio, and repertoire is important. With time comes an enhanced ability to manage budgets, deadlines, and obstacles that arise. WHERE DID THE REFERRAL COME FROM? Did your neighbor refer you to a particular contractor? Alternatively, did you find them through internet research? If you received a word-of-mouth recommendation, it is important to clarify what the referrer hired the contractor for. Many contractors may be able to handle a wide range of project types, but it is important to pay attention to what their specialties or special interests are. WHAT SUPPLIERS DO THEY WORK WITH? The lumber yards, wholesale supply houses, and manufacturers your contractor works with can give you insight into the quality of their work. When contractors use the best materials and have good relationships with their suppliers, it is a testament to the quality of their work and service they provide to their customers. WHAT ARE GROUNDS TO FILE A PROFESSIONAL MALPRACTICE SUIT? One of the most common factors in filing a malpractice suit against a contractor is a failure to fulfill a contract. Having a written agreement between you and your contractor provides you with expectations for your project and an outline of services rendered. When a project is not completed, results in injury or economic loss, or creates liabilities, it may give you grounds to file a malpractice suit. WE PROVIDE SOLUTIONS YOU DESERVE Chiariello & Chiariello is based in Glen Cove, NY, and serves clients across Long Island, New York City, and surrounding areas. We offer free consultations and case evaluations to new clients. Our firm has extensive experience in personal injury, professional and legal malpractice cases. If you would like to explore your options and have us review your case, please contact us today at (516) 360-2869.