What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional's actions (or inactions) fall below the accepted standards of care in their field, resulting in harm to a patient. This can encompass a wide range of situations, including misdiagnosis, delayed diagnosis, surgical errors, medication errors, improper treatment, and failure to provide adequate care.
Essentially, it means that a healthcare provider's negligence has caused injury or worsened a patient’s condition.
Types of Medical Malpractice Cases We Handle
We understand the complexities of medical negligence and have extensive experience handling a diverse array of cases. Whether you've suffered a serious injury due to a surgical error, a birth injury has impacted your child's life, or a misdiagnosis has led to a worsening of your condition, we’re here to help you weigh your options and pursue the best possible outcome.
Surgical Errors
Surgical errors encompass a wide range of mistakes that can occur during any type of surgery, from leaving a surgical instrument inside a patient to more serious errors like operating on the wrong body part or failing to properly control bleeding. Surgical errors can lead to serious complications, including infections, organ damage, and even death.
Birth Injuries
Birth injuries occur during labor and delivery and can have many contributing factors, including medical negligence. These injuries can range from minor to severe, with more serious conditions having a lasting impact on a child's health and development. Common birth injuries include cerebral palsy, Erb's palsy, and brain damage.
Misdiagnosis and Delayed Diagnosis
Misdiagnosis and delayed diagnosis occur when a doctor fails to properly diagnose a patient's condition or delays in diagnosing a condition, leading to a worsening of the patient's health. These errors can have serious consequences, including the development of chronic conditions, the spread of disease, and, in some cases, loss of life.
Emergency Room Errors
Emergency room errors can happen when a patient isn’t treated in a timely manner or when they’re misdiagnosed or given the wrong treatment. These mistakes can be particularly dangerous because they often take place when a patient is in a critical condition.
Medication Errors
Medication errors occur when a patient is given the wrong medication or dosage or isn’t properly monitored for side effects. They can lead to serious health complications, including death.
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Don't wait to seek legal advice if you believe you have a medical malpractice case. Contact us today for a free consultation with one of our experienced New City medical malpractice lawyers.
Who Can Be Held Liable in a Medical Malpractice Lawsuit?
Medical malpractice lawsuits can involve a number of parties, as negligence can occur at different levels within the healthcare system. While doctors are often the focus of these cases, it's important to understand that liability can extend to other healthcare professionals and institutions.
Here are some of the parties who could be held liable in a medical malpractice lawsuit:
Damages You Can Recover in a Medical Malpractice Claim
If your medical malpractice lawsuit is successful, you may be able to recover damages for the following losses:
- Medical Expenses: The cost of past and future medical treatment, including doctor's visits, hospital stays, medication, and rehabilitation.
- Lost Wages: Compensation for past and future lost wages due to your injury.
- Pain and Suffering: Payment for the physical and emotional pain you’ve experienced as a result of your injury.
- Loss of Consortium: Acknowledgement of a loss of companionship, support, and intimacy with your spouse or partner.
- Wrongful Death: Damages for the loss of a loved one who passes away due to the effects of medical malpractice.
A qualified attorney can review the circumstances of your case to identify the types and amount of compensation you’re eligible to recover.
How Do You Know If You Have a Medical Malpractice Case?
Determining whether you have a valid medical malpractice case can be difficult. If you suspect you’ve been harmed due to a healthcare professional's carelessness, it's crucial to consult a knowledgeable medical malpractice attorney.
Your attorney can review your medical records, assess the circumstances surrounding your care, and determine whether there’s a basis for a claim. They can also explain the legal process and your options for seeking compensation.
What Evidence Do You Need to Prove Medical Malpractice?
To make a convincing case for medical malpractice, you’ll generally need to establish four key elements:
- Duty of Care: The healthcare professional had a legal obligation to provide you with competent care, following accepted medical standards.
- Breach of Duty: The healthcare professional failed to meet that standard of care, either through negligence or misconduct.
- Causation: The healthcare professional's breach of duty directly caused your injuries or worsened your condition.
- Actual Harm or Loss: You suffered actual harm, such as physical injuries, emotional distress, lost wages, or increased medical expenses, as a result of the malpractice.
As part of their duties, your attorney will help you gather strong evidence, such as medical records, expert opinions, and witness statements, to support your claim.
What Are the Time Limits for Filing a Medical Malpractice Lawsuit?
Every state has a statute of limitations, or legal time limit, for filing a medical malpractice lawsuit. In New York, the statute of limitations is generally two years and six months from the date of the malpractice or one year from the date the patient discovered or should have discovered the injury.
This means that you have a limited amount of time to file your claim. As such, it’s essential to consult an attorney as soon as possible to ensure that you meet the deadline and preserve your legal rights.
What Are the Costs Associated with Hiring a Medical Malpractice Attorney?
The attorneys at Fellows Hymowitz Rice work on a contingency fee basis, meaning you only pay us a fee if we successfully recover compensation for you. We never charge any upfront or hidden fees.
We understand the financial burden that medical malpractice can create and are dedicated to providing accessible legal representation. We believe everyone deserves the chance to seek justice, regardless of their financial situation.
How Can a Medical Malpractice Attorney Help You?
Our medical malpractice attorneys can help you in numerous ways. Here are some of their most important functions:
- Investigating Your Case: Your lawyer will thoroughly investigate your case to gather key evidence and build a strong legal case.
- Negotiating with the Insurance Companies: We’ll deal with the healthcare professional’s insurance company on your behalf to try to reach a fair settlement.
- Preparing for Trial: If we can’t reach a satisfactory settlement, we’ll get your case ready to go to trial.
- Representing You in Court: Our tested trial attorneys will provide fierce and effective representation in court if necessary.
We’ve helped countless clients obtain fair and adequate compensation for the life-altering effects of injuries stemming from medical malpractice. We’re ready to bring the same skill and tenacity to your case.
Talk to a Medical Malpractice Lawyer for Trustworthy Legal Advice
Pursuing a medical malpractice case on your own can be overwhelming, especially when you’re already dealing with serious injuries. The New City medical malpractice attorney at Fellows Hymowitz Rice can manage every aspect of your case so you can focus on recovering. Contact us today to arrange a free, no-obligation consultation.
