When doctors, nurses, and other healthcare professionals violate their professional duty, patients become seriously hurt. Patients who are harmed by medical negligence have the right to pursue financial compensation to cover the cost of their injuries and other losses.
Unfortunately, medical malpractice lawsuits are some of the most complex. They require not only a thorough knowledge of the law, but also a deep understanding of medicine. Our New York medical malpractice lawyer can provide the sound legal advice you need so you can obtain the full compensation you are entitled to.
Common Types of Medical Malpractice
Although not every medical error made by healthcare professionals is considered malpractice, there are some types of medical negligence that are more common than others. These include:
- Misdiagnosis
- Failure to diagnose
- Emergency room errors
- Prescription drug errors
- Failing to obtain a full patient history
- Surgical errors
- Operating on the wrong body part
- Anesthesia errors
- Birth injuries
- Hospital negligence
- Use of defective medical devices
- Failure to obtain a patient’s informed consent
The Legal Standard to Establish Medical Malpractice
In most cases involving negligence, accident victims must prove four elements. These are the duty of care the defendant owed to the plaintiff, the breach of that duty, the link between the negligent act and the accident, and the damages or losses sustained. Although this standard is applied in most injury cases, medical professionals are held to a different standard.
To prove that a medical professional was negligent, a New York medical malpractice lawyer will work with medical professionals to establish the medical standard of care. The medical standard of care differs from the simple requirement to act in a reasonable manner that keeps everyone safe. Many factors influence the medical standard of care in any case, including the patient’s age, medical history, and the nature of the injury or illness.
Establishing the medical standard of care typically requires a full analysis of how another healthcare professional would have acted in the same situation. If a healthcare professional deviated from the medical standard of care, they have committed medical malpractice and can be held liable for paying compensation.
The Statute of Limitations in Medical Malpractice Cases
Like other personal injury cases, those involving medical malpractice are governed by a statute of limitations, or a time limit. Injured patients have only 2.5 years from the date the malpractice occurred to file a claim for damages. Although there are some exceptions to the law, they are extremely limited. If you do not file your claim within the statute of limitations, you will lose any legal right to recover any compensation at all.
Call Our Experienced Medical Malpractice Lawyer in New York Today
Sustaining an injury due to medical negligence is a traumatic and overwhelming experience. At Poltielov Law Firm P.C., our New York medical malpractice lawyer works closely with patients and their families to help them claim the full damages they are entitled to. Call us now or reach out to us online to schedule a consultation and to learn more about your legal options.