Infectious Disease Malpractice Lawyers In New York
As patients, we trust the medical professionals who care for us. We expect them to maintain a clean and safe environment, free from exposure to dangerous diseases. Unfortunately, this is not always the case. In recent years, there have been many incidents in which patients have been exposed to deadly diseases due to the negligence of hospital staff.
In one case, a patient with Ebola was transferred to a Texas hospital without proper precautions to prevent the spread of disease. As a result, two health care workers were infected with Ebola.
In another incident, a patient with Legionnaires' disease was treated at a hospital in New York, and dozens of other patients were exposed to the disease. These cases highlight the importance of medical professionals taking proper precautions to protect their patients from exposure to dangerous conditions, and failure to do so can have grave consequences.
What Is the Basis for an Infectious Disease Lawsuit?
Infectious disease lawsuits are typically filed against the party or parties responsible for the exposure, such as a business or individual that failed to take proper precautions to prevent the spread of the disease. In many cases, these lawsuits are based on the argument that the person exposed to the disease could have taken steps to avoid the exposure if they had been adequately warned.
It's not always the patient who becomes the victim of malpractice. Suppose a medical company exposes an employee to an infectious patient. They may be able to sue their employer for damages if not provided with a proper warning or protective gear before having to interact with that patient.
Not All Infectious Disease Lawsuits Are Based on Negligence
Three general types of lawsuits can be filed against a company for exposing an employee/patient to a medical condition: negligence, intentional tort, and workers' compensation.
A negligence lawsuit is the most common lawsuit filed against a company. To win a negligence lawsuit, the employee/patient must prove that the company knew or should have known about the exposure and failed to take reasonable precautions to protect the employee.
An intentional tort lawsuit is filed when the company intentionally exposes the employee/patient to a medical condition. To win an intentional tort lawsuit, the employee/patient must prove that the company intended to harm him or her.
A workers' compensation lawsuit is filed when an employee is injured while on the job. Workers' compensation lawsuits are governed by state workers' compensation laws, which vary from state to state. If you have been exposed to a medical condition at work, you may be entitled to file a lawsuit against your employer.
Exposure Lawsuits Help Hold Our Medical Community Accountable So They Can Learn from Their Mistakes and Adopt Better Policies
Patients are being exposed to dangerous diseases in hospitals and clinics due to the negligence of medical professionals. It's hard to battle a severe illness, and it can be overwhelming when you add the stress of knowing that you may have contracted it at the hospital. This is a serious issue that needs to be addressed. Medical professionals expose patients to diseases such as HIV, hepatitis, and other severe illnesses by not using proper safety precautions.
Infectious disease exposure lawsuits offer a way for patients to seek justice and hold negligent medical professionals accountable. You may be eligible for compensation if you or a loved one has been infected with a disease due to exposure in a medical setting. Contact an experienced infectious disease exposure lawyer today to learn more about your legal options. 718-424-5560