What are common examples of medical malpractice mistakes?
At Okun, Oddo & Babat, P.C., we can provide you with a medical malpractice lawyer New York, NY residents have turned to for decades. Many New Yorkers have learned the value in working with a trusted and respected New York medical malpractice lawyer to protect their rights. If you or a loved one was injured due to the negligence of a surgeon or other medical practitioner, call us at 212-642-0950 to arrange a free consultation.
Medical mistakes are all too common, unfortunately. However, that doesn’t mean you should have to suffer or pay for the costs associated with a professional medical provider when they are irresponsible or negligent. If you’re wondering whether or not you have grounds for a lawsuit, talk to a medical malpractice lawyer New York, NY victims choose from Okun, Oddo & Babat, P.C. Here are three common examples of medical malpractice mistakes.
- Misdiagnosis of a medical condition. Doctors are not expected to get it right every time, however, in some instances, a physician should be able to interpret obvious clues or rule out causes after a series of tests or treatments. The key criteria are that the physician made a mistake or did something different than what most doctors would have done under the same circumstances.
- If a medical malpractice lawyer in New York, NY can prove the doctor should have determined the cause but didn’t, and as a result the patient suffered avoidable and serious harm due to the wrong treatment, there may be grounds for a lawsuit.
- If the misdiagnosis delayed treatment, and the patient suffered serious harm when the diagnosis should have been straightforward, there may be grounds for a lawsuit.
- Injury to mother or child during childbirth. It may be a surprise to many that deaths during childbirth still occur in this day and age. This type of case is all too familiar to the average medical malpractice lawyer New York, NY offers. Sometimes it’s because the doctor made an avoidable mistake. In other cases where there was no fatality, the baby and/or the mother suffers a serious injury due to the doctor’s negligence. Also, when complications arise, the doctor is expected to respond in a timely manner and with a reasonable amount of care. When the physician neglects to correctly diagnose a problem, identify issues such as an ectopic pregnancy, serious injuries can result, including:
- Seizure disorder due to a brain injury
- Cerebral palsy due to a brain injury
- Partial or full paralysis
- Fractured bones
- Medication-related error. This is not always due to the doctor making a mistake as it can happen anywhere from the time the prescription is written to when the pharmacy fills it. When you hire a medical malpractice lawyer New York, NY recommends, they will need to determine exactly where the breakdown occurred as there are many common scenarios:
- The doctor may note the wrong dosage amount. Too little and the medication may not be able to do its job. Too much and you may experience serious side effects or worse.
- The doctor may prescribe a medication you are extremely allergic to. If you are allergic to a particular type of medication and your doctor was informed of this and yet still prescribed it to you, it could be grounds for a lawsuit, making it important to contact a New York, NY medical malpractice lawyer. Though his or her attorney might argue that you had the responsibility to pay attention to what you were ingesting, the truth is that the same medication can go by several different names and you may not have recognized the alternate name.
- The doctor may note the wrong type of medication for treating your condition. In this scenario, the wrong medication may not only treat your initial problem but cause an additional one if you experience severe side effects as a result. Severe side effects can range from death to coma to suicidal thoughts.
How much time do I have to file a medical malpractice lawsuit?
When you are trying to find out whether you have grounds for a medical malpractice lawsuit and you call a lawyer, one of the first things they may ask you is when the procedure or treatment took place. The reason a medical malpractice lawyer in New York would like to know the date of the potential incident is because these lawsuits have a strict statute of limitations.
How much time do I have to file a medical malpractice lawsuit?
If you or someone you care about has been injured because of the negligent or wrongful actions of a medical professional, you might think that you’ll wait some time before taking any kind of legal action. Perhaps things will get better, or maybe the doctor is saying this “is normal”. It’s understandable to think like this; however, you should not delay in asking a New York, NY medical malpractice lawyer to review your case.
The longer you wait, the less time you will have to file a lawsuit. Furthermore, it is more likely that you will become turned away from doing anything at all. What you should know now is that a good medical malpractice lawyer will be able to handle most of the case so you can focus on your recovery.
The Limits to File
In general, you, the plaintiff, will have between one and three years to file a medical malpractice claim. This is not always true and the following factors may need to be considered:
- The state in which the incident occured.
- Whether a government entity is involved.
- The case details.
Usually medical malpractice lawsuits have shorter statutes than other types of personal injury lawsuits. Even if you don’t know whether or not you have a claim, you should ask a New York, NY medical malpractice lawyer to help you.
When the Statute for Medical Malpractice Lawsuits Begins
Even if your state’s statute says the time limit is, for example, 2 years, there could be circumstances that affect your case. For example, the language used in the state’s legislation and the court’s opinion about your case, as well as the merit of the plaintiff versus protecting the alleged defendant.
Some considerations may apply, including:
- The date of the incident
- When you claim medical malpractice
- When it was realized the incident caused harm
- When the medical treatment was completed
If someone died because of potential medical malpractice, a court might apply the wrongful death statute of limitations. In this case, additional circumstances may apply.
- The date of death
- The date of the incident that may have led up to the death
- The date the plaintiff believed the death was caused by malpractice
- The final date of medical treatment
Whether you are the patient who believes they are a victim of malpractice, or you are a loved one of someone who is incapacitated or died because of medical malpractice, you should explore your legal rights and options with a medical malpractice lawyer from New York, NY as quickly as possible.
The Standard of Care
When a patient has suffered illness or injury due to the negligence of a medical professional, New York law allows them to pursue a medical malpractice lawsuit against that provider for the losses the patient has suffered. In order to be successful in that lawsuit, the patient – through their New York, NY medical malpractice lawyer – must prove that the medical professional was negligent. When evaluating a case, a medical malpractice lawyer New York, NY residents trust will determine if there was a failure on the doctor’s part to adhere to the medical standard of care required by law.
Standard of care is the term applied to the level and type of care that another medical professional with a similar background will provide to a patient under similar circumstances. If the doctor failed to provide that standard of care and the patient was injured or their health otherwise put at risk, then that patient may be entitled to financial compensation for damages.
At Okun, Oddo & Babat, our medical malpractice lawyers from New York, NY have years of experience advocating for patients who have suffered because of the negligence of their doctor. When our law firm prepares a malpractice case, one of the first steps we will take is to find a medical expert who will testify on the patient’s behalf as to how their doctor failed to provide the standard of care the patient was entitled to.
New York, NY medical malpractice lawyers will obtain an experienced physician who practices in the same field of medicine as the doctor who is accused of malpractice. During their testimony, he or she will:
- Detail the normal standard of care for the illness, condition, or injury the patient was treated for
- Explain how the treatment the doctor provided to the patient failed to meet the standard of care it should have.
- Provide examples of how the patient was injured as a result of the doctor’s failure in his or her treatment.
Higher Standard of Care
Medical malpractice lawyers from New York, NY want you to know that although all doctors are required to provide a standard of care, specialists are often held to a higher standard of care. This is because in order to be licensed in that specialty, they were required to obtain additional education, as well as undergo extensive training before they could be licensed for that field. Some examples of medical specialists who fall into this category include the following:
- Internal medicine
New York, NY Medical Malpractice Lawyer May Help Victims Recover Damages
If a patient is successful in a medical malpractice lawsuit, the following are damages that they may be awarded:
- All past and future medical bills for treatments needed as a result of the doctor’s negligence.
- All lost wages and benefits that resulted from the patient being unable to work while they recovered from their injuries. This also includes any lost future earning capacity if the patient is left with a permanent disability.
- Pain and suffering the patient suffered as a result of the malpractice.
If you have been a victim of medical negligence, contact a New York, NY medical malpractice lawyer today. Speak with a medical malpractice lawyer New York, NY injured patients turn to from Okun, Oddo & Babat, P.C. by calling us at 212-642-0950 to schedule a free consultation.
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