When you go to the doctor, you expect to receive proper medical care and attention. Unfortunately, this does not always happen. Medical malpractice occurs when a medical care provider or facility deviates from the accepted reasonable standard of care within the medical community. This type of negligence can involve a doctor, nurse or other health care professional, or a health care facility, such as a hospital, nursing home, or clinic. Medical malpractice can result in damages both economic (large medical bills, loss of ability to work) and non-economic (pain and suffering, loss of limb, scarring, paralysis). While such damages can indicate wrongdoing on behalf of the medical care provider, it does not alone present grounds for a lawsuit.
If you believe that you have been the victim of medical malpractice you should speak with an attorney immediately. An experienced medical malpractice attorney will be able to analyze your situation and determine whether you have a potential medical malpractice case. In order to prove a medical malpractice case, you must be able to establish that: (1) the medical provider (i.e. the doctor, nurse, hospital, etc.) failed in their duty of care towards you, (2) that the bodily injury suffered was directly caused by this failure to uphold their duty of care, and finally (3) what amount of money would reasonably compensate you for the damages caused by the malpractice.
Some common types of medical malpractice include: surgical error, misdiagnosis or failure to diagnose illnesses or conditions, anesthesia error, delay in diagnosis, incorrect prescription of medication, failure to perform or request necessary procedures and tests, negligent interpretation of mammograms, x-rays, CT scans and MRI’s, failure to obtain informed consent for surgery or invasive tests, and failure to provide proper follow-up care.
The different types of malpractice usually fall into one of three categories: (1) improper treatment, (2) failure to diagnose or (3) failure to warn of know risks.
Improper treatments occur when a doctor orders a treatment no reasonable doctor would order, or when a doctor selects an appropriate treatment but then administers it in an incompetent manner. Failure to diagnose occurs if a reasonably competent doctor would have discovered the patient’s illness or condition and made a different diagnosis, and the different diagnosis would have led to a better outcome than the one that was actually achieved. A failure to warn of known risks occurs when a patient would not have chosen to go through with a specific procedure or treatment, if they were properly informed as to known the risks.
As mentioned above, to determine if you have been a victim of medical malpractice, the first step is contacting an experienced medical malpractice lawyer who will perform a thorough review of the case details. This includes tracking down the pertinent medical records, and conducting an investigation to determine if the case is actionable. In New York, there is only a limited amount of time in which to bring a medical malpractice lawsuit. That is why it is imperative you speak with a lawyer as soon as you know something went wrong regarding your medical treatment.
At the Law Offices of David Pankin, we have 18+ years of experience handling medical malpractice cases. We work with medical experts and investigate the negligence that caused your injury and bring a lawsuit to hold the responsible parties liable. Whether you have been a victim of an improper treatment, a failure to diagnose or a failure to warn of know risks, we can help you prosecute your case and recover the maximum compensation available. We will fight to get the compensation you deserve for your medical bills, lost income, pain and suffering, and other related expenses.
We offer a free office, home or even in hospital consultations for victims of medical malpractice. If you or a person you love was seriously injured as a result of any kind of medical malpractice please call (888) 529-9600 to arrange a free consultation today or fill our Free Legal Analysis form to contact us online.