Medical Malpractice Lawyer in New York
Every year, thousands of people are injured or even die because of mistakes made during their medical care. Known as medical malpractice, these preventable mishaps can take place in hospitals, private surgeries or when receiving treatment from any other kind of healthcare provider. Problematic procedures are not limited to serious operations; they can happen when receiving treatment for minor injuries as well.
Mistakes in healthcare have the potential to become life changing, leading to loss of income, pain and suffering, ongoing medical needs and long term care bills. These errors can also cause significant emotional distress.
The Perecman Firm has represented many clients in New York who have been affected by medical negligence and malpractice. By holding the doctor or physician responsible for their actions, our lawyers can recover your losses and help you move forward with your life.
Examples of Medical Negligence
In New York, medical errors can occur in a number of ways and become the basis for a claim for malpractice. Your attorney may look at mistakes, such as those given below, when determining whether you have a valid claim for compensation.
- Surgery performed on the wrong patient
- Surgery performed on the wrong body part
- Surgical instruments left inside of a patient
- Failure to diagnose a medical condition
- Delayed diagnosis of a medical condition
- Dangerous drug interactions
These are just some of the common errors that malpractice lawsuits are defended against, but there are many others. If you suspect that the standard of care given by your medical professional has fallen short of what they should have provided, then they might be held responsible for all losses suffered.
How Malpractice Can Occur
Unfortunately, doctors and other healthcare professionals make mistakes in the care they deliver. This may be due to lack of judgment, poor technique, or even recklessness. Sadly, mistakes do happen and no matter what the cause behind it, the patient may suffer or even die as a result. According to a 2013 statistic from the U.S. National Practitioner’s Data Bank, New York came in first place with malpractice payouts at $763,088,250. And 31% of Americans die from their alleged medical injuries each year.
A worrying trend is for doctors to conduct tests and treatments which may not be entirely necessary. It is not uncommon for many hospitals and treatment centers to perform defensive medicine. Overtreatment like this can be seen as a means to protect the physician or hospital, and as a reaction to the rise in malpractice lawsuits.
Making Those Responsible Accountable
Medical negligence lawsuits can be brought in cases where a doctor or health professional is deemed to be legally liable when the standard of care they delivered to a patient falls short of what is reasonable. This can also include errors in drug administration and mistaken lab results. Bringing those responsible to judgement, however, depends on the victims or their family’s ability to prove:
That the doctor or hospital had a professional duty to their patient. When a person is a patient or is being offered health treatment or advice, then the provider has a duty of care.
Prove negligence on the part of the care provider. Negligence can be considered to have taken place if the care provided was not that which another reasonable healthcare professional would have done, or failed to have done, in the same way as the care provider did.
Negligence occurred because of some form of injury. The condition or prognosis of the patient must have been made worse because of the treatment given.
That harm incurred is compensable. The harm to the patient must have caused some financial or physical loss.
Proving negligence in suspected malpractice cases can be difficult for those involved, either the patient or relatives of a deceased victim. Many doctors may argue that a patient already had underlying medical conditions which contributed to the cause of harm, and that no matter what the caregiver did, the prognosis would have been the same.
What We Can Do For You
Representation by a legal professional means that you will have an experienced malpractice attorney assisting you with gathering the necessary evidence, as well as finding expert witnesses to help support your case. The Perecman Firm has more than 30 years of experience handling negligence lawsuits in New York. We are well placed to help you find all the necessary evidence needed to prove the care provider was negligent and failed in their duty of care. Contact us today for a free consultation.