New York City Medical Malpractice Attorney
Standards of Care & Hospital Negligence
If you received medical treatment and were the victim of a mistake, or you have experienced adverse effects from a procedure, consult with us immediately. A legal professional should review your circumstances to determine if medical malpractice has occurred. This is deemed to be the case if the medical action involved falls below the standard of care in the community in which it took place. It is important that you act quickly, as the state of New York places a 2.5 year statute of limitations on claims of this nature. Therefore, don't wait to contact a New York City personal injury lawyer from our firm to take immediate legal action.
Sometimes, a doctor can be charged with gross negligence if you can prove that he or she should have been able to perform the procedure or administer the medication correctly under normal circumstances. Doctors are not the only medical personnel that can be sued for a malpractice claim. As well, patients who were injured or harmed as a result of a medical procedure have the right to seek compensation from any nurse, technician, dentist, pharmacologist, staff member, hospital worker, anesthesiologist, specialist, surgeon, or caretaker that did not do his or her duty when working with you.
According to studies in The New England Journal of Medicine, obstetrician-gynecologists are defendants in approximately 19% of all medical malpractice cases and general surgeons are cited in 17% of all cases. As well, primary care physicians are cited in about 16% of all cases. Whenever you are wronged by a medical staff person or a physician, then a qualified lawyer can assist in determining who would be the most appropriate party against whom to file suit, or if it would be a corporation. In any case, you deserve compensation for further medical treatment now required, lost income and pain & suffering.
Types of Medical Malpractice Claims
Medical malpractice may occur in many forms. While some cases of medical malpractice include a shocking mistake in surgery, or an item left in the body cavity, other forms of medical malpractice are much harder to detect. In fact, you may not even know that you are a victim of medical malpractice until months after you have been overdosing on medication or have been dealing with a painful recovery.
Sadly, many medical malpractice cases go unnoticed or unreported, which means that doctors get away with their offenses. The U.S. Department of Health and Human Services claims that only 14% of all medical malpractice cases are reported. Typically, a patient waits about 16.5 months before filing a medical malpractice lawsuit according to a study completed by The Department of Justice. Once a lawsuit is filed, it takes an average of 27.5 months for the courts to reach a resolution. During this time, patients need to wait and gather all evidence necessary to prove that they have been wronged.
There are many different reasons that people file medical malpractice cases, including the reasons listed below.
- Failure to Diagnose– This occurs when doctor refuses to diagnose a potential illness and therefore allows the sickness to progress to a harsher or more dangerous stage before it is properly detected and treated. The Journal of the American Medical Association says that about 46% of all medical malpractice claims have to do with a failure to diagnose or a misdiagnosis.
- Misdiagnosis– Misdiagnosis is an offense that happens when a medical professional diagnoses a disease, illness, or condition wrongfully, which leads to incorrect treatments and medications.
- Medication Errors– Medical professionals often recommend an incorrect dosage regarding medication, administer the wrong medications, mix two medications that should not come into contact with one another, or make other harmful choices regarding both pharmaceutical drugs and in-hospital treatments.
- Childbirth Errors– During deliver doctors are responsible to care for both the mother and the infant and attend to their needs. When a doctor, nurse, or worker fails to do this it can cause severe complications and may even result in death for the mother or baby.
Surgical Errors– If a doctor is distracted in surgery, makes faulty incisions, operates on the incorrect area of the body, or leaves a sponge, tool, or foreign object in the body cavity this is considered a surgical error. About 34% of all medical malpractice claims have to do with a surgical mistake.
Importance of Experienced Representation
As listed before, medical malpractice claims are rarely reported. This is typically because patients are nervous to go up against the hospitals and don’t think that they have any hope of winning a case. Even if a patient does decide to litigate, he or she typically waits over a year to finally file the claim and then has to wait over two years to see the case completed. A study by U.S. Bureau of Justice Statistics states that 93% of all medical malpractice cases are resolved before trial, which means that only 7% of all cases end in a jury verdict.
Still, it is essential to have a New York medical malpractice attorney on your side regardless of whether or not you will be taken to trial. The Journal of the American Medical Association claims that inpatient setting medical malpractice claims typically bring in an average of $363,000 in compensation and healthcare mistakes in outpatient settings bring in an average of $290,000 in medical malpractice claims,. Plaintiffs prevail in an average of 21% of all trial verdicts according to the New England Journal of Medicine, but they achieve a settlement in about 61% of all settlement-based cases.
AtHecht, Kleeger & Damashek, P.C., we feel strongly about protecting patient rights and seeing that standards of care are upheld. Unlike other states, New York places no cap on the amount of damages recoverable in a medical malpractice case. You may be offered a settlement so that those at risk can close the matter quickly before being pursued for a fair settlement amount. It is always wise, however, to consult with an attorney first. The Insurance Research Council has found that claimants represented by lawyers typically receive damages 3.5 times higher than individuals without legal representation. Don’t hesitate to take advantage of the professional and hardworking lawyers at this firm today to get the representation you need in your medical malpractice claim!