LITIGATION
As a small
firm, Oppenheim Pilelsky is able to provide the kind of personal
attention that one would expect when one is engaged in litigation,
either as a plaintiff or as a defendant. Prior to getting involved
in any litigation, the firm always evaluates the likelihood of
success, and the anticipated cost of litigating a particular matter.
By spending the extra time at the beginning of a matter that is
to be litigated, the firm is able to provide the client with a
reasonable assessment, thereby providing a cost benefit analysis
of litigating.
The firm also
handles actions involving whistleblowers within corporations in
which the employee has uncovered that his/her employer is defrauding
either a state government, the Federal Government, or shareholders
of public companies.
Oppenheim
Pilelsky routinely handles a variety of commercial disputes that
arise from its clients' activities concerning contractual performance
or lack thereof. In addition, as counsel to one of Florida's largest
supplier of construction materials, the firm is routinely is involved
with lien related litigation, including the foreclosure of construction
liens. The firm is also regularly involved with employment related
matters including sexual harassment where the firm represents
either management or the aggrieved party.
The firm also has a unique specialty in the area of whistleblower protection and representation.
This area of practice is growing nationally as well as within the firm. The firm is currently involved with a number of qui tam actions
on behalf of such whistle blowers. A qui tam action is where the government is the party who is being defrauded and the plaintiff is the
party who is "relating" the case on behalf of the government.
Medical Malpractice
A recent study conducted by the Institute of Medicine of the National Academy of Sciences,
determined that approximately 100,000 people die each year from medical mistakes in hospitals and as many as tens of thousands suffer from
permanent injuries as a result of such errors. As one of the leading causes of death, medical malpractice has adversely affected millions
of people during the past few years. These medical mistakes kill as many people as AIDS, breast cancer, and auto accidents combined, according
to the 2003 bestseller Wall of Silence: The Untold Story of the Medical Mistakes That Kill and Injure Millions of Americans by Rosemary
Gibson and Janardan P. Singh.
It must be noted however that not all bad outcomes are by any means the result of malpractice.
Many times certain procedures have certain risks for unfavorable outcomes. Only when the bad outcome is the direct result of neglect as
defined by the medical standards in the community at the time can we say that there is a medical malpractice claim.
Causes of Medical Mistakes
Medical mistakes occur for many reasons. Today, hospitals are understaffed, and often times, mistakes happen because of the overworked
staff, poor communication, and poor information among people taking care of the same patients. Errors also occur due to improper supervision
of doctors in training and medical shifts for young doctors that are virtually inhumane in terms of how long doctors are expected to remain
awake. The administration and staff at hospitals are frequently forced to comply with shrinking budgets and do not take the time or have
the financial resources to determine how to reduce medical mistakes that occur at their facilities.
In fact in the 1950's over 50% of the deaths that occurred in hospitals were routinely
followed by an autopsy to determine the cause of death. Today, unless a family pays for an autopsy or it is ordered by the coroner's office
it is unlikely that an autopsy will occur and therefore the real cause of death may never truly be known. Also, regulatory oversight is
weak or almost nonexistent, due to shrinking state and federal budgets.
The federal government does not even count the number of humans that die each year from
medical malpractice, because unlike airplane crashes, medical mistakes happen quietly and one at a time. If you consider the number of people
who die from medical malpractice, it would be comparable to having a 747 crashing every 2 days and killing everyone of board.
Mistakes that occur in hospitals are estimated to be under reported by as much as 300%.
The medical errors that are reported do not include mistakes that are made at out patient clinics, laser surgery centers, cosmetic surgery
centers, nursing homes, and rehabilitation centers. It is fair to say that these high rated of death are completely unacceptable in a world
where doctors are supposed "do no harm".
It was determined in 1986, in a study done by the Washington Post, that 3%-5% of all
doctors in the country account for virtually all of the medical malpractice that occurs. In fact, medical malpractice would be only a minor
problem in society today if good doctors had the ability to weed out the bad ones. However, the medical profession has refused to attempt
to restrict the practices of doctors who have made repeated errors. In other professions, such as attorneys, it is not unusual for them
to "police their own". In fact, lawyers frequently are suspended from the practice of law by their regulatory bar associations
if an impropriety is alleged.
Unfortunately because of the medical community's failure to regulate their own profession,
medical insurance premiums have risen and successful doctors only have themselves to blame for not weeding out the bad doctors over time.
It is wholly ironic that doctors are blaming attorneys for the medical malpractice crisis, when they only have themselves to blame.
It is now an accepted fact that a minimum of 1 million people have died in the past
10 years from extreme medical errors, based on a study from the New England Journal of Medicine. Examples of some mistakes are, leaving
foreign objects in bodies during surgery obviously causing complications, because of poor handwriting a doctor's decimal point shifts and
the wrong dose of a prescription is given to a patient or a patient's chart gets confused and the patient receives the wrong medication
entirely.
At Oppenheim Pilelsky we have handled a variety of catastrophic medical malpractice
cases in the past few years. Including, the misdiagnosis of meningitis, the misdiagnosis of heart trouble, and not informing parents that
their fetus had spina bifida, among other cases.
How to Prevent Being Injured From a Medical Mistake
There are ways to try to protect yourself from medical mistakes. Try to follow these tips in order to ensure your own protection. 1)
Acknowledge that medical mistakes can and do often happen. 2) Do research and consult family, friends, and acquaintances concerning your
particular medical condition and become and expect on your situation. 3) Learn about your doctor his reputation and track record, and know
the facility he works in. 4) After a procedure, immediately obtain a copy of the medical records if the outcome isn't as expected. 5) Keep
your own records of procedures so that you can make sure it corresponds with the hospital records. 6) Make sure your know who is in charge
of your care, and that you have the ability to reach them at all times. 7) if you or a loved one is going to be in the hospital, try to
provide companionship or if that is not possible hire a private duty nurse during critical times. 8) For any type of test you take, follow
up for the results, do not wait for the doctor to call you and don't assume anything. 9) If you believe something is wrong, follow you instinct
and pursue it. 10) If you are working with a doctor who thinks he is infallible or ever commands you to listen to him because "he is
the doctor", find yourself a new doctor. 11) If you receive a medical test that suggests a major problem or if you have received a
diagnosis that suggests a major problem always obtain a second opinion and conduct the test again to make sure that the diagnosis is indeed
valid.
Conclusion
While the lawyers at Oppenheim Pilelsky hope that you or a loved one never are a victim of malpractice, our firm is here to assist
you in the event that you need to seek out competent legal counsel to determine if in fact there was medical malpractice concerning an unexpected
outcome. Even though our firm only handles a few medical malpractice cases each year, we screen each one thoroughly and only pursue a case
if the facts are so outrageous that they place a shadow on the underlying problems of medical care in the United States. Once the firm had
determined that the case has substantial merit, the firm assembles a team of experts to initiate the law suit. Oppenheim Pilelsky's team
approach not only includes a team of lawyers, licenced nurses, but highly qualified doctors and public relations consultants. It is this
team approach that has brought not only tremendous success to the victims of malpractice, but also much public attention to the firm.
So please feel free to contact us by phone or
email if you or a loved one has a question concerning a negative unexpected medical outcome.
In the interim remember the old saying that, an ounce of prevention is a pound of cure.
So if you or a loved one is ever involved in a major medical situation we hope that you will review the simple but important advice we have
provided to you.
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Consumer
Related Class Actions
The firm is
quickly developing a strong reputation in the area for consumer
related class action lawsuits as a result of the firm's involvement
in bringing one of the first consumer class actions against Bridgestone/Firestone
for its deceptive and unfair trade practices by allowing defective
tires to remain in the stream of commerce.
Commercial
and Business Law
Oppenheim Pilelsky represents clients in a wide variety of commercial
and business law matters involving business torts, breach of contract,
class actions, corporations, partnerships and other business entities,
foreclosures, insurance coverage, and professional malpractice.
The firm also
is routinely involved with real estate related litigation concerning
disputes over sale of real estate as well as restrictions in deeds.
In addition, the firm is frequently involved in litigation either
on behalf of management or individuals in the interpretation of
non-competition agreements.
Labor
and Employment
Oppenheim Pilelsky represents corporations and individuals in various labor and employment
law related matters, including wrongful termination and sexual harassment and discrimination.
In addition, the practice area involving employees that have not received proper hourly
compensation for their labor is also growing rapidly. Employers creating special titles for their employees based upon the notion that because
their employees have a title, the employee is exempt from having to be paid overtime, is wrong. Many large banks and other service establishments
have already been sued for this illegal practice.
Personal Injury
The firm also regularly represents on a contingent fee basis victims of personal injuries
whereby such individuals have been harmed or have died due to the fault of others.
In the past few years the firm has handled various personal injury matters including
the following:
- Failure
to notify parents in a timely manner that their fetus
had a genetic defect.
- Wrongful
death of a 17 year old for failure to administer proper
medicine in a hospital.
- Wrongful
death of a three year old due to the misdiagnosis of Meningitis.
- Wrongful
death and personal injury sustained due to negligent supervision
at nursing homes.
- Wrongful
death due to gun having been improperly secured.
- Wrongful
death due to the failure to distinquish a heart attack
from a heart burn.
- Car
accidents.
- Slip
and falls.
- Negligent
supervision by school causing serious injury to student.
- A
builder abandoning a real estate project with clients'
deposits.
- Failure
of a family physician to properly diagnose pneumonia that
lead to uneccesary paralysis.
- Failiure
to timely diagnose cancer
- Food
Poisoning
Prior to accepting
any contingent basis litigation, the firm thoroughly conducts
an investigation of the facts to determine the likelihood of success.
Once the firm has concluded that the case has substantial merit,
the firm has had an excellent record in obtaining the anticipated
results based on the initial evaluation of the case. At times,
the firm will bring in appropriate co-counsel with specific expertise
in order to maximize the likelihood of success. Such a strategy
to date has been extremely effective for Oppenheim Pilelsky.
Insurance
Related Litigation
Many times
individuals and corporations think because they have insurance,
if they do get sued, they will be covered. However, as many of
our clients have learned the hard way that is not always the case.
The firm has recently been involved in litigation where the insurance
underwriter has gone bankrupt whereby our client was forced to
defend lawsuits that should have been defended by its insurance
carrier. Thus, besides having been engaged in defending various
lawsuits that should have been defended by the insurance underwriter,
the firm has successfully sued an insurance agent for having negligently
placed the insurance with an underwriter that the agent knew or
should have known was financially unstable.
In addition,
the firm has had to represent individuals who thought they had
insurance, but for one reason or another the insurance underwriter
took the position that the policy had not been properly paid.
In such a situation, the firm was successful in demonstrating
to the insurance company that the insurance company's notice of
termination had gone to the wrong place. Thus, the firm is developing
an expertise in the area of insurance coverage related matters.
Such areas typically would include forcing an insurance company
to accept coverage of liability and to provide proper representation
where, for whatever reason, the insurance company is taking the
position that such coverage is not available pursuant to a particular
insurance policy.
Mercury in Vaccines
Severe complications
have arisen from the effects of mercury in vaccines in relation
to autism and many other disorders. Mercury is one of the most
widely used preservatives in vaccines, but is highly toxic. Unfortunately,
some infants have received dangerously high amounts of mercury
through accumulation of mercury in the brain from vaccines. The
dosages of mercury that are injected into these children far exceed
"safe" levels according to various experts.
The mercury accumulates in the brain cells and nerves of infants
who do not produce bile, which normally excretes mercury. The
mercury sits in the brain and on the spinal cord and subsequently
causes permanent degeneration and death of brain cells. The mercury
alone may cause delayed development, speech disorders, attention
deficit disorder, or autism. The symptoms of autism and mercury
poisoning are virtually identical and in the beginning no problems
are apparent. We have found that these problems are often overlooked
because it is expensive to conduct the testing, although mercury
is known as the third most deadly toxin in the world.
The Federal Government has been accused of overlooking the serious
problems caused by mercury. In fact, the Government allowed vaccines
with mercury to stay on the shelves until 1998. After the numbers
of children infected by the mercury increased to 1 in 5 in 2000,
the government was forced to recognize the problem.
Should you have any questions concerning problems with vaccines
containing mercury or believe that you or your family member is
suffering from the effect of mercury from vaccines, please feel
free to contact our firm.
Nursing Home Neglect and Abuse
The law firm
has for the past several years represented clients who have not
been properly treated at nursing homes either due to neglect or
outright abuse. According to a recent government study, one-third
of all nursing homes are understaffed, leading to all kinds of
problems. Common situations are slip, falls, neglect, bed sores,
and improper supervision. Under Florida Law and the Patient's
Bill of Rights, patients are protected from this kind of unfair
treatment. At Oppenheim Pilesky we believe that an individual,
particularly those that are at the twilight of their lives, should
be treated with the utmost of respect. That is why we accept these
cases and have the successful track record that we do in prosecuting
these kinds of abuses.
Whistleblowers
Over the past
several years the firm has been proud to represent a number of
"whistleblowers" in connection with high profile related
companies and industries. Today, a whistleblower is typically
an individual who works for a company or within an industry that
is doing something wrong and ,through those actions or lack of
actions, is causing either the Federal Government or a state government
to lose money or not receive an amount of money that government
entity is due.
In addition,
with today's major accounting scandals relating to publicly traded
companies, a whistleblower is also someone who uncovers these
kinds of systemic and usually deliberate, actions where the intent
of the company is to somehow inflate its stock price thereby causing
substantial misinformation in the marketplace.
Obviously,
the public is extremely concerned about these kinds of actions
since they directly affect the integrity of the stock market and
therefore also has a tremendous effect on our economy. If you
are an individual with information concerning a company with which
either you currently work or have worked in the past, we would
be pleased to speak with you in the strictest of confidence and
advise you how to proceed in terms of your various options.
Corporate
Responsibility
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