Medical Malpractice

When Do You Need a Medical Malpractice Lawyer?

The most rigorous and extensive efforts to collect data about patient safety demonstrate the prevalence of medical malpractice in this country and its tragic consequences:

  • Medical mistakes cause as many as 98,000 deaths and more than 1,000,000 injuries per year in the United States.
  • A study published in the New England Journal of Medicine found that 18% of patients were harmed by medical care and 63.1% of the injuries were judged to be preventable.
  • Amongst Medicare beneficiaries, 13.5% (134,000 patients) experienced “adverse events” during hospital stays. The resulting extra treatment costs Medicare several billion dollars a year.

In the face of those tragic statistics, insurance companies and the health care industry have made assaults on our state and national legislatures to destroy patients’ rights, whether by:

  • Creating special standards of care that apply to doctors and hospitals but don’t apply to regular citizens,
  • Placing arbitrary limits on the amount of money to be recovered by patients for their injuries, or
  • Placing arbitrary limits on fees to be paid to attorneys representing the victims of medical malpractice while placing no limits on the fees to be paid to the attorneys representing the perpetrators of that medical malpractice.

As a consequence, even though the statistics — decade after decade — demonstrate the gravity and frequency of harm caused to patients, the responsibility for that misconduct is steadily reduced.  In a society that purports to encourage individual responsibility, the insurance company lobby seeks to eliminate it. This is why medical malpractice lawyers are needed.

Mr. Schuster and Mr. Booke have represented clients in a broad range of medical malpractice cases. Most have involved prenatal or birth injuries, resulting in brain damage to the newborn child. These cases have included failure to diagnose pre-birth conditions, failure to safely monitor the mother and child during delivery, misuse of forceps, misuse of labor-inducing drugs, and failure to pay attention to fetal distress. Other cases have included:

  • Surgical negligence.
  • Anesthesia malpractice.
  • Failure to diagnose infections.
  • Failure to timely diagnose brain tumors that resulted in a child's blindness in one case and a man's paralysis in another.
  • Failure to properly diagnose spinal meningitis, which led to a child's deafness.
  • Orthopedic malpractice.
  • Overdosage of Gentamicin (an antibiotic) which caused severe vestibular damage.
  • Failure to diagnose cardiac symptoms, which resulted in the patient's death.

As a result of his work in medical malpractice cases, Bob Schuster has been invited as a guest speaker at medical and legal conferences around the nation, including California, Florida, Georgia, and Wyoming.