Physician Medical
malpractice is more common than one might expect. When it takes place it can result in serious personal
injuries often causing life-changing injuries that the
patient may never fully recover from. If you have suffered from medical
malpractice, dental malpractice, a nurse’s malpractice, or any other medical
provider’s malpractice, then give our lawyers a call to set up your
confidential consultation. We can be
reached at 800-893-9645.
What Is Medical Malpractice?
Medical malpractice can take many forms. In general, it is what happens when a
person in the medical profession breaches the required standard of care for a patient. This
lowering of standards results in the patient being injured. Under New York law,
a patient who has been a victim of medical malpractice may have a legal right
to claim compensation to make them whole again for their pain and suffering.
What is Standard of Care?
In the medical profession there are acceptable
ways of administering treatment to patients who have been inflicted with a
particular medical condition. The medical practitioner is required to adopt the
methods that are used as standard practice when handling a patient who has been
diagnosed with a specific medical condition.
Some examples of Medical Malpractice are:
- Prescription Errors
- Adverse drug reactions (when 2 drugs used together cause side
effects)
- Foreign object left inside after surgery
- Wrongful organ removal
- Misdiagnosis
- Mishandling of a Birth
Medical Malpractice Statistics
Up to 98,000 Americans
who are in hospitals or in the care of a medical provider die every year as a result of medical errors and
negligence. Many medical malpractice lawsuits are due to misdiagnosis or
failure to diagnose. There are five medical conditions that are frequently misdiagnosed
and these are:
- Appendicitis
- Lung cancer
- Breast cancer
- Colon cancer
- Heart attack
Medical malpractice can be very difficult to prove
as medical practitioners do not readily admit making mistakes. Therefore,
anyone who thinks that he or she has been injured as a result of medical
malpractice that was not his or her fault should contact our New York personal
injury attorney immediately.
Birth Injuries Can Be
Complex
There are some complex but important medical malpractice errors, such as
birth injuries which in turn causes birth defects. These are almost always life
changing events for the baby and the child but are hard to prove as the doctor
handling the birth has to be shown to have breached the expected standard of
care. In addition to proving that the doctor breached his or her standard of
care, you must prove that this breach directly caused the injury.
If you believe you are a victim of medical malpractice you have no time
to lose as New York has in place a statute of limitations. This means that you
have a limited time to put in a claim for compensation. Once the deadline has
been reached then you have lost your opportunity and will have to live with the
financial hardship that has resulted from medical malpractice.
Claiming compensation in New York
If you have been a
victim of medical malpractice our personal injury attorneys may be able to file
a civil lawsuit that will include compensatory damages which covers the cost of
medical treatment and loss of wages while recovering and non-economic damages,
which is a payment to cover the added pain and suffering due to the injury. Punitive damages may be available too.
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