New York Medical Malpractice Lawyer
According to a 2012 article in The New York Times, as many as 200,000 people die every year because of preventable medical mistakes. Mistakes can be made in a hospital, by primary care physicians, by chiropractors or by any other type of healthcare provider. Unfortunately, when mistakes are made, they can cause serious injuries to patients or even cost patients their lives.
If you or a loved one is harmed because of medical malpractice, a New York medical malpractice lawyer from The Perecman Firm can help you take action. The doctor or hospital that hurt you may become responsible for paying for your medical bills and costs, lost income, pain and suffering, emotional distress, or losses caused by the wrongful death of a family member.
When is a Doctor Responsible for Medical Malpractice in New York?
A doctor or healthcare provider can be held legally liable for medical malpractice any time the standard of care the physician provides falls below what is reasonable. The malpractice victim or surviving family members would need to prove:
That the doctor or care provider had a duty: Any time the victim was a patient or the healthcare provider was offering medical care or advice, the provider has a professional duty of care.
That the care provider was negligent: This is judged by looking at what a reasonable professional with a similar background would have done in the same situation. If no reasonable physician, caregiver or hospital would have acted (or failed to act) in the way the caregiver did, the caregiver may be considered negligent.
That the negligence was the direct cause of some type of injury: The patient’s condition or prognosis must have been made worse by what the caregiver did.
That some type of compensable harm occurred: The patient must have suffered financial or physical loss.
For most patients, the two most difficult parts of proving a medical malpractice claim include showing that the doctor was negligent and proving the negligence was the actual cause of harm. It is not uncommon for doctors to argue that the patient’s underlying medical condition was the cause of harm and that the prognosis would have been the same no matter what the doctor did.
A New York medical malpractice attorney can assist with gathering evidence, finding expert witnesses, and doing everything needed to prove your case.
Types of Medical Malpractice
There are a number of errors that can constitute medical negligence and lead to a malpractice claim. For example, a medical malpractice lawyer in New York can help you take action based on:
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
Drug administration errors
Mistakes with lab results
In these and other situations, the care that is provided falls below what a professional should provide. The healthcare provider who makes the mistake can become responsible for all economic and non-economic losses.
Contact a New York Medical Malpractice Attorney
Medical malpractice lawyers in NYC can help you pursue your claim and obtain compensation. The Perecman Firm has handled medical malpractice cases for more than 30 years. We are here to put our legal experience to work on your claim, so contact us today for a free consultation.
Among the cities we serve: