Do you need a medical malpractice lawyer? When a patient is injured due to medical malpractice, they can suffer severe and long-term consequences. If you have been hurt in a New York medical malpractice incident, you need the advice and advocacy of an experienced New York medical malpractice lawyer. The compassionate attorneys of Bonina & Bonina, P.C., understand and are here to help!
If you or a loved one has been injured by medical malpractice and need the facts of your care investigated, you should contact the Med Law team at 1-888-MEDLAW 1 or click here for a free consultation. Se Habla Espanol. Home and hospital visits are available.
What is a Medical Malpractice Case?
A medical malpractice case is a type of lawsuit that can be brought when a patient is injured by a health professional including a doctor, nurse, or other care provider. In this type of case, the patient’s harm occurs because their healthcare provider’s negligent conduct fell below the applicable standard of care.
How Can I Tell if an Injury is From Medical Malpractice?
Patients have to trust that their medical professionals will provide competent and appropriate care. Medical providers are required to use a reasonable degree of learning and skill that is ordinarily possessed by medical providers in the locality where they practice. When a patient is harmed, their injury may be due to medical malpractice.
Medical malpractice can occur when a provider acts or fails to act in a manner that deviates from the standard of care. Medical negligence can occur in a variety of contexts, including:
- Delayed diagnosis and treatment
- Failure to diagnose or a misdiagnosis
- Failure to properly treat a patient or improper treatment
- Wrong site surgery
- Improper surgery
- Leaving an instrument inside a patient during surgery
- Failure to recognize the need to send a patient to a specialist
- Failure to recognize the danger posed to an unborn child and the need for a cesarean section
- Failure to properly monitor a patient
- Failure to take an adequate patient history or take a patient’s concerns seriously
- Surgical errors
- Failure to advise patient of risks
If any of these situations harms a patient, their medical provider may be liable for medical malpractice.
How Can I Tell if it Was Malpractice?
What is malpractice? When a patient is harmed, they may not know if their provider is to blame. Medical procedures have some degree of risk, and it’s possible that a patient could sustain an injury that is not due to malpractice. For example, it may be that a patient’s condition worsens or they don’t respond to treatment despite their medical provider’s care and efforts. If the medical provider acted with reasonable care when treating or attempting to treat the patient, then the patient’s injury is probably not attributable to medical malpractice. Determining whether or not an injury is due to medical malpractice can be complicated, and it’s important to have the advice and information you need to assess your claim.
Establishing a medical malpractice case will require the assistance of an experienced attorney and medical experts to determine the degree of medical negligence. Therefore, if you believe you have been harmed due to medical malpractice, it’s vital that you contact a medical malpractice lawyer as soon as possible.
Medical Malpractice Damages
Medical malpractice can result in permanent injury or even wrongful death. This type of medical negligence can cause the victim to incur significant medical and rehabilitative expenses, lost wages and time at work, and other damages. A medical malpractice victim may also endure significant pain and suffering, loss of companionship, and other emotional consequences.
Elements of a New York Medical Malpractice Claim
On a practical level, medical malpractice occurs when a medical provider’s actions to inactions are so reckless or negligent as to fall below the acceptable standard of care for their profession. However, the injured party must be able to prove certain elements as follows:
Duty of Care
Proving duty of care in a medical malpractice case involves showing that the medical provider had a relationship with and responsibility to provide care for the patient.
Next, the injured party will need to be able to show that the medical provider failed to act within the appropriate standard of care in diagnosing, advising, and/or treating the patient. This does not mean that every medical injury is malpractice, however. There must be evidence that the medical professional’s actions were outside of what a reasonable professional in a similar situation with similar training would have done. In failing to act appropriately, the medical professional has breached the duty to care for the patient. Generally, a patient will need an expert witness to provide testimony regarding the applicable standard of care.
The patient will also need to be able to prove that the medical professional’s breach caused their injury. Often, a medical professional will claim that a patient’s harm is due to another injury or an underlying condition. Patients usually require expert testimony to establish causation and disprove this type of defense.
In addition to showing there was a duty of care, breach of the standard of care, and causation, a medical malpractice victim must also show that their provider’s action or inaction harmed them. Proving this element typically involves presenting evidence of the patient’s medical bills, pain, and suffering, lost wages and time at work, and other damages. The idea is to establish the patient’s losses so the court can determine a monetary award that can help make the patient whole again.
Medical Malpractice Time Limitations
Medical malpractice frequently results in permanent injury or even wrongful death. In addition, all New York medical malpractice cases are subject to strict time limitations. Therefore, if you believe you or a family member has been injured by medical negligence, you should contact an experienced medical malpractice lawyer as soon as possible.
Who Can be Liable for Medical Malpractice?
It is a common misconception that only doctors can be liable for medical malpractice. However, there are a number of different medical professionals that can be held responsible, including:
- Medical assistants
- Hospital staff
Contact a Medical Malpractice Lawyer Today
If you’ve been injured by medical negligence, you may have a medical malpractice case. Contact a medical malpractice lawyer at Bonina & Bonina, P.C. We have over 50 years of experience helping New Yorkers injured by medical malpractice. Contact us online or call us at 1-888-MED-LAW1 to schedule your free consultation. Home and hospital visits are available. Se Habla Espaňol.