Obtain Justice in Your Medical Malpractice Case
As a patient, you expect that the medical professionals treating you will be competent. However, in far too many cases, medical professionals fail to provide adequate care to their patients, resulting in serious injuries, long-term health issues, or even death. If a medical professional fails to meet the standard of care required under New York law and a patient is injured as a result, an experienced Personal Injury Lawyer on Long Island may file a lawsuit against them.
What Does A Medical Malpractice Attorney Do?
Evaluating the case
The lawyer will review the medical records, talk to the client, and consult with medical experts to determine whether the case has merit.
Representing the client in court: If the case goes to trial, the lawyer will represent the client in court, presenting evidence, making arguments, and cross-examining witnesses.
Building the case
The lawyer will gather evidence to support the case, such as medical records, witness statements, and expert testimony.
Providing legal advice: The lawyer will advise the client on their legal options and help them make informed decisions about the case.
Negotiating with insurance companies: The lawyer will work with insurance companies and other parties to negotiate a settlement or a favorable verdict for the client.
Handling paperwork and deadlines
The lawyer will handle the paperwork and ensure all deadlines are met, such as filing the lawsuit within the statute of limitations.
The medical malpractice lawyer’s primary goal is to protect the rights and interests of their client and seek compensation for medical malpractice. At Winkler Kurtz, we strive to hold medical professionals accountable when they have harmed or wronged a patient.
Common Types of Medical Malpractice
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According to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries (TBIs) are a frequent occurrence in the United States. In 2013, there were approximately 2.8 million TBI-related emergency room visits, hospitalizations, and deaths nationwide. The most common causes of brain injuries include falls (47%), being hit with an object (15%), and car accidents (14%). However, brain injuries may also be caused by medical errors or negligence, such as Misdiagnosis;
Surgical errors;
Anoxia (lack of oxygen);
Infection;
Birth trauma;
Medication errors; or
Abuse
A person who has suffered a brain injury, regardless of the cause, may require lifelong care. A skilled Long Island medical malpractice attorney can work with victims of medical negligence to help them recover for their losses and ensure they have the money necessary for future treatment and care.
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When patients visit a doctor’s office or go to the hospital, they expect to receive a certain level of care. However, when a physician or other medical professional is negligent, a patient may die as a result. In those situations, surviving family members may file a wrongful death lawsuit against the responsible parties. According to researchers from Johns Hopkins Hospital, 251,454 people die each year from medical errors. A wide range of medical negligence may lead to wrongful death, including:
Medication errors;
Birth injuries;
Misdiagnosis;
Defective medical devices;
Surgical errors;
Brain injuries;
Failure to diagnose;
Neglect or abuse.
Wrongful death lawsuits for medical malpractice can be complicated to pursue. These cases require proof that medical professionals violated their duty of care and that this violation led to the death of a patient. An experienced Long Island medical malpractice lawyer can work with family members of a deceased patient to help them receive financial compensation for the loss of their loved one.
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While many medical malpractice cases involve a doctor or other healthcare professional committing an individual error, hospital negligence occurs when there is a system-wide failure. While a doctor may be at fault for the incident that led to the injury, the hospital might bear greater responsibility for creating the conditions that allowed errors to occur. Hospital negligence may include:
Failing to hire enough staff; Failing to properly staff departments so that medical professionals are not seeing more patients than they can safely manage;
Failing to ensure that hospital staff are trained;
Failing to ensure that staff and non-employees alike meet required licensing and educational standards;
Failing to maintain sterile environments; or
Failing to protect the security and confidentiality of patient records.
In these situations, the hospital may be held liable for injuries or illnesses patients suffer. For example, suppose a patient receives the wrong medication because the hospital only staffed two nurses when it should have had four on duty to support patients adequately; this may be grounds for a hospital negligence claim. Suppose you have been injured or developed an illness due to hospital negligence. A medical malpractice attorney based on Long Island may be able to file a lawsuit against the hospital.
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If a physician makes an error in diagnosing a patient, it may lead to the patient receiving the wrong treatment. The error can seriously compromise a patient’s health and in some cases, may even lead to death. Diagnostic errors are common in the United States. According to a Harvard Medical Practice Study, these errors accounted for 17% of all preventable errors in hospitalized patients. A separate post-mortem patient review found that 9% of all patients experienced a significant diagnostic error that was undetected while they were alive. While a missed diagnosis is not always proof of negligence, it may be substantial evidence that a doctor breached their duty of care when treating you. If a physician failed to order necessary tests or overlooked critical symptoms, these acts could be considered negligent steps a doctor took, leading to a misdiagnosis. In these situations, skilled medical malpractice attorneys can work with you to help you recover from your losses.
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Surgery can be a necessary and life-changing treatment, but consenting to a procedure is often a leap of faith. It usually requires going under anesthesia and being utterly vulnerable to the surgeon, anesthesiologist, and other medical professionals in the operating room. Just one surgical error could lead to serious, life-long complications or even death. According to a Mayo Clinic Study conducted with the American College of Surgeons, 8.9% of participating American surgeons believed they had made a significant medical error within the past three months. Of those surgeons, 1.5% believed that their error resulted in a patient’s death. According to Johns Hopkins researchers, serious surgical errors occur at least 4,000 times a year. If you are a victim of a surgical error, Winkler Kurtz, LLP can help. We will aggressively pursue your claim to help you achieve the best possible outcome for your case.
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A delayed diagnosis of an illness can lead to devastating results. If a doctor does not order the correct tests or fails to see warning signs of a particular condition, the patient may suffer from advanced progression of the disease that could lead to wrongful death. A delay in treatment for most diseases can result in a much harsher prognosis. For example, suppose a doctor fails to diagnose a life-threatening illness such as cancer; the disease may progress to such a point that treatment may become difficult or even impossible. If a physician misses the symptoms of an additional condition, such as diabetes, it can cause a tremendous amount of damage to a person’s body if left unchecked. If a doctor did not diagnose a medical condition for you or your loved one promptly, leading to a more severe illness or even death, you may have grounds for a claim. Winkler Kurtz, LLP can work with you to help build a case to seek financial compensation for your pain and suffering while allowing you to focus on what’s truly important – your recovery.
FAQs
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In New York State, the statute of limitations for filing medical malpractice claims is generally 2 1/2 years from the date of the alleged malpractice or from the end of continuous treatment for the same condition that gave rise to the malpractice. However, this rule has some exceptions, such as for cases involving foreign objects left inside a patient during surgery or cases involving minors. It’s essential to consult with a qualified attorney to determine the specific statute of limitations that applies to your case.
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To win a medical malpractice case in New York, the plaintiff must prove four elements:
Duty: The healthcare professional must provide care to the patient.
Breach: The healthcare professional breached that duty by failing to provide care that meets the accepted standard of care in the medical community.
Causation: The breach of duty caused the patient’s injuries.
Damages: The patient suffered damages due to the breach of duty and resulting injuries, such as medical expenses, lost wages, pain and suffering, and other losses.
All four elements must be proven to establish a medical malpractice claim in New York.
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Medical malpractice in New York is defined as a healthcare professional’s failure to provide care that meets the accepted standard of care in the medical community, resulting in injury or harm to the patient. Examples of medical malpractice may include:
Misdiagnosis or delayed diagnosis of a medical condition
Surgical errors, such as performing the wrong procedure or leaving foreign objects inside the patient’s body
Anesthesia errors, such as administering the wrong dose or failing to monitor the patient’s vital signs during the procedure
Medication errors, such as prescribing the wrong medication or dosage or failing to recognize potential adverse reactions
Failure to obtain informed consent before a medical procedure
Failure to properly monitor a patient’s condition during treatment
Failure to properly communicate with the patient regarding their condition or treatment options
These are just a few actions or omissions that could constitute medical malpractice in New York. Ultimately, whether an act or omission constitutes medical malpractice will depend on the specific facts of the case and the accepted standard of care in the medical community.
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Medical malpractice cases are typically evaluated for financial worth based on several factors. These factors may include the following:
The severity of the injuries: The more severe and long-lasting the injuries, the higher the case's potential value.
The cost of medical treatment: The cost of medical treatment, related to the past and future, is a critical factor in evaluating the case's value.
Lost income: If the patient could not work due to the injuries or if their ability to earn income in the future is impacted, this may be factored into the case evaluation.
Pain and suffering: Compensation for pain and suffering resulting from the malpractice may also be considered in the evaluation.
Other damages: Other damages that may be considered include loss of enjoyment of life, emotional distress, and loss of consortium.
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In addition to these factors, the specifics of the malpractice case, including the nature of the malpractice, the strength of the evidence, and the parties involved, may also impact the financial worth of the case. Ultimately, an experienced attorney can provide a more detailed evaluation of the potential financial cost of a medical malpractice case based on the specific circumstances of the case.
If you win a medical malpractice lawsuit, you may receive compensation for a variety of damages, which may include:
Medical expenses: This includes past and future medical costs related to the malpractice, such as hospitalization, surgery, medications, and rehabilitation.
Lost income: If you cannot work due to the injuries, you may be entitled to compensation for lost income and earning capacity.
Pain and suffering: You may be entitled to compensation for physical pain and emotional distress resulting from the malpractice.
Loss of enjoyment of life: If the malpractice has impacted your ability to enjoy your life, you may be entitled to compensation.
Punitive damages: In some cases, punitive damages may be awarded to punish the healthcare provider for particularly egregious behavior.
The specific damages you may be entitled to depend on the details of your case, the severity of your injuries, and the evidence presented in court. It’s essential to consult with an experienced medical malpractice attorney to understand your legal options and potential compensation in your case.
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