Medical malpractice is a type of legal action that can be brought against a doctor or other health care professional when an action (or inaction) falls short of the appropriate standard of care, resulting in a patient’s injury, harm, or death.
Litigation for compensation claims can become extremely technical. This requires in-depth knowledge of this complex area of the law and a thorough understanding of the medical system.
For information about your legal options and eligibility to claim compensation, speak with the medical malpractice lawyers at our Garden City offices.
Proving Medical Negligence Can Be Challenging on Your Own
Medical negligence claims differ from other personal injury claims due to the amount of medical evidence required to prove the losses, such as:
- The care provided fell short of the standard expected
- Another professional care provider would not have acted in the same way
- The substandard care caused you injury or harm (or the death of a loved one)
We can help you gather the evidence required to build a detailed case to identify what went wrong and who is responsible for compensation. You could recover damages for your:
- Current and ongoing medical bills
- Rehabilitation costs
- Lost wages and compensation for any impact on future earnings
- Pain and suffering, and inconvenience
- Psychological trauma
- Wrongful death
In cases where there has been an unexpected death or decline in a patient’s health, we provide an independent investigation into what happened. From this, we prepare a case with the attention to detail required at trial. So, when and if the time comes, we are ready.
Common Causes of Clinical Negligence that You Can Include in Your Claim
While not exhaustive, the following descriptions of different types of medical negligence can help you evaluate whether you or a loved one has been the victim of medical malpractice.
Failing to diagnose a condition correctly can lead to unnecessary suffering and falls into the following types:
- A condition is overlooked, leading to no treatment or delayed treatment
- An incorrect diagnosis resulting in inappropriate treatment
- Failure to identify symptoms of a serious underlying health condition
- Failure to recognize complications that can change or worsen a condition
- Failure to diagnose a related disease
Any of these can have many implications for affected patients. These might include undergoing unnecessary invasive treatments or being sent home without any treatment at all.
Surgical negligence occurs when a medical professional makes a mistake during an operation, causing further health problems or injuries for the patient, such as:
- Surgery on the wrong person or body part
- The incorrect operation being performed
- Foreign objects left in the body during surgery
- Internal or nerve damage from surgery
- Infection caused by poor hygiene
- Errors with the administration of anesthetic
Prescription and Medication Errors
An incorrect dose or taking the wrong type of medication can have severe consequences for a patient’s physical and psychological well-being. Common errors arise from:
- The wrong medication being prescribed or dispensed
- Incorrect dosage amount or period
- Errors made when prescribing different medications
- Labeling errors on the medication packaging
- Failing to inform patients about the risks of a medication on the product information.
Negligent Medical Advice
It is reasonable for patients to be advised about the risks of a procedure or treatment and be informed of alternative options if they are available. This enables people to make an informed decision and weigh up the pros and cons of a particular course of action.
Your doctor could have been negligent in:
- Not informing patients of the risks involved with a surgical procedure
- Failing to check a patient’s suitability for an operation or medication
Pregnancy and Birth Injuries
Birth injuries can have devastating results and include any harm negligently caused to the mother or baby. Although cerebral palsy is the most common birth injury claim, other types of claims can arise from:
- Maternal infection
- Cord prolapse or cord compression
- Uterine rupture
- Ruptured placenta
- Delay in delivery
There are many other possible causes of clinical negligence. If you believe your or a loved one’s health has suffered in this way, it can be beneficial to discuss your situation with a medical malpractice lawyer in Garden City. You may be entitled to claim compensation.
New York Laws that Can Affect Your Right to Collect Compensation
It is important to know the laws that can affect your right to file a lawsuit in a medical malpractice case. The statute of limitations (the time you have to begin legal proceedings) can vary depending on the circumstances of the case, for example:
- New York State‘s statute of limitations for medical malpractice is two years and six months under CVP §214-A. However, there is an exception in claims involving foreign objects left in the body during surgery in that victims can file cases within a year after they discover their injuries.
- People harmed by a defective prescription medication have two years and six months to initiate legal proceedings, as defined within CVP §214-A.
- Surviving beneficiaries can file a wrongful death lawsuit within two years from their loved one’s passing per EPT §5-4.1.
Seeking legal advice early on also gives your lawyer time to build a robust case. As you can imagine, the evidence required to prove medical negligence can be extensive. If you fail to meet the relevant timeframe, it is unlikely you could seek compensation or hold negligent parties accountable for their actions.
If you have any questions about how long you have to begin a claim, our medical malpractice lawyers in Garden City are keen to hear about your situation and provide clarity about your legal options in a free case review.
Call Our Attorneys Today to Discuss Your Options
For more information about how we can help you pursue compensation, call the Law Office of Cohen & Jaffe, LLP for a free evaluation of your case. Our team can determine the legal options available to you.
For a free legal consultation with a medical malpractice lawyer serving Garden City, call 516-358-6900