Don't Bear the Financial Burden of Medical Malpractice - Su Caso Is Here to Help
No matter how much training and experience a doctor has, if a doctor makes a mistake that causes pain and suffering, the patient should not have to bear the financial burden of that error.
As patients seeking medical care, we blindly trust our doctors and medical professionals to guide us with their professional expertise. We expect them to take care of us and do what is in the best interest of our health and well-being.
As any medical professional will tell you, the practice of medicine is an imperfect science. While it is true that doctors are only human, it is vital to hold them accountable for their mistakes. Otherwise, patients would be left to suffer needlessly.
New York Leads the Way for Medical Malpractice Compensation Payments
New York is the clear leader in medical malpractice payouts, as reported by the Washing Post. When comparing New York's malpractice compensation payouts to any other state, New York had the highest medical malpractice payouts, reaching nearly 690 million.
1. What is a medical malpractice lawsuit?
A medical malpractice lawsuit is a claim or civil action brought by an injured patient against a health care provider, such as a doctor, nurse, dentist, or hospital, alleging that the treatment the patient received was substandard and caused the injury.
2. How do you know if you have a case?
There are many factors to consider in determining whether you have a medical malpractice case. You must first show that the health care provider owes you a duty of care, which is the legal obligation to provide treatment safely and competently.
Second, you must show that the health care provider breached that duty by failing to meet the applicable standard of care. The standard of care is based on what a reasonably prudent healthcare professional would have done in a similar situation.
Third, you must show that the breach of the standard of care was the cause of your injury. And finally, you must show that you suffered damages from your injury. In some cases, it may be evident that the patient was harmed (e.g., if surgery was performed on the wrong body part).
In other cases, it may be necessary to hire an expert witness to testify about the likely harm caused by the breach of the standard of care. If a healthcare professional's negligence has harmed you, it's essential to consult with an experienced medical malpractice attorney who can help you navigate the complexities of these cases.
If you can establish all of these elements, you may have a case for medical malpractice. The best thing to do is consult a New York medical malpractice lawyer and discuss your case's details by calling 718-424-5560.
Our New York Medical Malpractice Attorneys Know How to Build a Case:
- Provide a thorough investigation to determine the facts surrounding your injuries
- Retrieve your medical records and internal doctor's office notes
- Hire a professional medical team to analyze your medical records
- Retain experts in the medical field to give testimony about mistakes or verifiable facts of unreasonable care made by your doctor
- Build a case that meets all medical malpractice standards for the State of New York
- Help determine fair compensation demands and act as a barrier between you and the insurance company that may try to get you to settle directly
- Willing to take your case to trial if the insurance company doesn't want to settle for what is rightfully yours
The Most Common Medical Malpractice Mistakes:
Anesthesia Mistakes - Anesthesia is a critical part of any surgery, and even the slightest mistake can have dire consequences. That's why choosing an experienced, reliable anesthesia provider is essential. When selecting an anesthesia provider, it's important to consider their qualifications, experience, and success rate.
ER-Hospital Negligence - There is several ways in which ER-hospital negligence can occur. For example, patients may not receive proper care or attention, worsening their condition. Sometimes, hospital staff may fail to diagnose a condition, worsening the condition because of lack of treatment. Additionally, hospital staff may fail to monitor a patient's condition properly, leading to a delay in diagnosis or treatment.
Disease Exposure - A disease exposure lawsuit is a legal action brought by individuals who have been exposed to a disease or illness due to someone else's negligence. Infection can occur in many ways, including through contact with contaminated food or water, exposure to infected animals, or exposure to hazardous materials. In some cases, disease exposure may also occur due to medical malpractice.
Nursing Home Abuse - Nursing home abuse lawsuits are becoming more common as our population ages. According to a National Center on Elder Abuse report, nearly one in ten nursing home residents have been abused or neglected. In many cases, the abuse is perpetrated by staff members who are not adequately trained or supervised, leading to severe injuries, emotional trauma, and even death.
Birth Injuries - While most births go smoothly, there is always the potential for something to go wrong. If the baby is in an abnormal position or the delivery is particularly complicated, it can result in a birth injury. Common birth injuries include skull fractures, facial paralysis, and broken bones. A birth injury can cause long-term health problems or even death in more severe cases.
Misdiagnosis - Misdiagnosis can have devastating consequences for patients and their families. The pain, suffering, and emotional damage caused by not being diagnosed correctly can be life-altering. Sometimes, patients will undergo unnecessary treatment, such as radiation or surgical procedures.
Prescription Errors - Prescription errors are the most common type of medical error and account for thousands of injuries each year. Prescription errors can occur at any stage of the prescribing process, from the initial decision to prescribe a medication to the final dispensing of the drug. In many cases, errors occur when a healthcare provider chooses the wrong medication or dosage or when they fail to check for potential drug interactions.
Disciplinary Action & Reporting of Negligent Practitioners
Suppose you feel a medical professional caused intentional harm and would like to file a complaint to an official New York State Department. In that case, you can do that at the Office of Professional Medical Conduct (OPMC). OPMC investigates the complaints made toward medical professionals, and they also provide information based on licensees' history of complaints made after 1990.