New York Medical Malpractice Lawyer
If you or a loved one was injured due to the negligence of a medical practitioner, it’s important to speak with an experienced New York medical malpractice lawyer as soon as possible. Contact us today for a free confidential consultation.
Medical malpractice is a serious issue in the United States. It kills 250,000 people each year. If you believe that you may have a valid claim for yourself or someone you love, contact a New York medical malpractice lawyer to learn about your potential rights.
What Is Medical Malpractice?
In a nutshell, medical malpractice is a medical error of some kind made by doctors, nurses, anesthesiologists, nursing aides, pharmacists, medication aides, surgical techs, orderlies, and anyone who works or has contact with patients.
Out of patients who are affected by medical malpractice, close to 1/3 of them die. In 2013, the U.S. National Practitioner’s Data Bank reported that claims paid out in New York totaled more than $750 million.
What Are the Most Common Medical Malpractice Claims?
In New York, the most common medical malpractice claims are:
- Misdiagnosis or failure to diagnose. A lot of conditions share certain symptoms. Yet, if a proper diagnosis isn’t made, the patient can get much worse, suffer from life-altering complications, or could die since they aren’t receiving proper or timely treatment. It’s important to note that not every misdiagnosis or failure to diagnose incident results in medical malpractice. One of the most significant determining factors is the current standard in testing for and diagnosis certain conditions or when those tests or a diagnosis would be made.
- Prescription errors. Prescription errors happen when someone is given the wrong medication, the wrong dosage, and sometimes when patients aren’t given the information they need to make an informed decision about whether they should take the medication.
- Child birth injuries. A child birth injury can affect the mother, the child, or both patients. It can happen during prenatal care, during the labor and delivery process, or directly after the birth of the child. The failure to recognize and inform mothers of a birth defect, not performing an emergency c-section, ignoring fetal distress, and ignoring signs of preeclampsia are the most common child birth injuries. When signs of fetal distress are ignored, babies may be born with serious and permanent disabilities including a lack of oxygen to the brain, cerebral palsy, and injuries to the baby.
- Surgical errors. Surgical errors include operating on the wrong body party, the wrong side (such as a right ankle instead of the left ankle), the wrong patient, or leaving a surgical instrument inside of the patient. Surgical errors can result in pain and suffering, additional medical bills, disability, and even a serious infection. Anesthesia mistakes are often made when someone needs a surgery.
- Exposure to hepatitis, HIV, or another life-altering infection. While some forms of hepatitis are curable, some aren’t. They require expensive treatment. Improper sanitation and not following proper safety protocol puts patients at risk.
Medical Malpractice Cases Are Complicated
Medical malpractice cases are complicated for a variety of reasons. First, it can be hard for the patient or the patient’s family to know who is truly responsible for what happened. Hospitals, healthcare providers, nursing homes, assisted living facilities, pharmacies, and surgical centers can all be hard for patients and their families to deal with. It’s important to have a New York medical malpractice lawyer to help you determine who is responsible and hold them accountable.
With medical malpractice cases, there are several elements that must be met. One of the most important elements is the opinion of one or more medical experts with the same medical specialty who can ascertain whether what happened was the result of someone (including a corporate entity) ignoring best practice standards. For example, if it were a birth injury, the expert would be from the field of obstetrics and pediatrics. It would need to be someone with years and years of experience delivering and caring for babies and mothers. If the baby had a heart defect that may have been caused by a medical error, a pediatric cardiologist may also be used as an expert.
Often, medical malpractice insurance providers also get involved. While this may seem like a good thing, and it can be at times, it can also mean a lot of pressure for victims and their families. They may be pressured to accept a settlement that is unfair and doesn’t cover all of their medical bills, lost wages, or other financial and emotional damage caused by the incident. If the settlement agreement is signed, you could lose your right to sue or for future medical care for the injuries sustained. Special needs such as cerebral palsy and hypoxia to the brain or other internal organs can result in a lifetime of care, occupational therapy, speech therapy, and other expenses that could amount to hundreds of thousands or millions of dollars over the child’s life.
Call a New York Medical Malpractice Lawyer
If you believe that you may have a valid claim, call a New York medical malpractice lawyer immediately. Medical malpractice claims must be filed within two and a half years from the date of the injury. If you don’t file before the end of that time limit, you will be barred from making your claim. Don’t wait. Contact an experienced New York medical malpractice lawyer right away!