Every time you visit a New York healthcare facility, you expect your physician to do their best to examine your illness or injuries and offer treatment according to the accepted standards of care. However, sometimes a medical professional will deviate from those standards, exposing you to medical malpractice.
Medical malpractice can be challenging to deal with, both emotionally and financially. If you or your loved one have been injured due to the negligence of medical professionals, you may be entitled to compensation from a medical malpractice lawsuit. To ensure your case has the best chances of success, it is crucial to understand the ins and outs of what makes up medical malpractice claims in the Bronx and to contact a Bronx personal injury lawyer.
Medical malpractice is a legal term used to describe negligence by a medical professional that leads to injuries or death of a patient. Medical errors are far too prevalent in the U.S. Every year, approximately 7,000 to 9,000 Americans lose their lives due to negligence in healthcare facilities, and this number does not account for the hundreds of thousands of cases that go unreported.
For a case to be considered medical malpractice, there must be proof that the medical professional breached the duty of care owed to the patient. This means they did not provide the same level of care that another reasonable medical professional would have under similar circumstances.
Medical malpractice in the Bronx can take many forms, but the most common include:
Birth injuries can occur when a doctor or other health care provider fails to provide the standard of care during pregnancy, labor, or delivery. This can result in severe injuries to the baby, including cerebral palsy, Erb’s palsy, and shoulder dystocia. In some cases, birth injuries can even be fatal.
Improper discharge planning occurs when a patient is discharged too early without adequate information about their condition or how to care for themselves at home. Patients who experience this form of malpractice often get readmitted soon after discharge, which can be costly and dangerous.
Diagnostic errors are the most rampant type of medical malpractice, accounting for nearly one-third of all cases according to a study by Johns Hopkins University. A diagnostic error occurs when a healthcare professional fails to identify a patient’s condition correctly. This may be the result of failing to order the appropriate tests or misinterpreting test results.
Health care facilities in New York must operate and be guided by state-mandated standards. In instances where these regulations are not followed, patients can sometimes suffer serious injuries or even death. Hospital staff negligence can take many forms, from nurses not observing the proper hygiene standards to surgeons not following all of the necessary surgical steps.
Doctors or other medical professionals are required to use the right pieces of equipment during their procedures. However, sometimes this doesn’t happen due to negligence on the part of the physician or a manufacturing defect. If you or your loved one has been harmed by an error in medical equipment, you may be entitled to compensation.
If you have been affected by medical error, you need to know how to start building your case to get the compensation you deserve for your pain, suffering, and other losses. Here is a guide to help you file a successful medical malpractice claim.
In New York, you generally have two years and six months from the date of the malpractice incident to file a claim. This deadline is known as the statute of limitations. There are certain limited exceptions that may extend (or shorten) this deadline, and it is critical to discuss these matters with an experienced medical malpractice lawyer.
An experienced medical malpractice lawyer will understand how to properly craft the documents to initiate the lawsuit, known in New York as the summons and complaint. In addition, when starting a lawsuit in New York, the attorney is generally required to submit a certificate of merit, stating that the attorney has consulted with a medical professional, who has advised that they believe the claim has merit.
To stand a better chance of winning your claim, you may need help from someone with experience handling similar cases. If you haven’t done so already, find an experienced medical malpractice lawyer in the Bronx and schedule a consultation to discuss the details of your matter.
When dealing with a medical malpractice lawsuit, a skilled medical malpractice attorney may be able to help you navigate the process of filing a claim and ensure you have the best chance of success. Because law firms have substantial resources, they will investigate your case and gather enough evidence to strengthen it.
An attorney will represent you in court, talk to the relevant authorities, and work on your paperwork, allowing you more time to recover. If you choose an out-of-court settlement, a lawyer will negotiate with the medical insurance company to ensure you are not exploited and receive the rightful compensation.
If you have been affected by medical malpractice, the experienced Bronx medical malpractice lawyers at Lever & Ecker are ready to help you. Our team has more than 60 years of combined experience handling lawsuits similar to yours.
We offer free consultations for all potential clients and work diligently to ensure we obtain the best possible outcome for each case we take on. Our attorneys will help you file your lawsuit, gather evidence, and represent you in court accordingly as you recover from your injuries. Contact us today at (718) 933-3632 for more information about how we can help with your medical malpractice lawsuit.