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We expect our doctors, nurses and other health care providers to act in a reasonable and professional manner. In fact, medical professionals have a legal duty to act in accordance with acceptable professional practice. Medical malpractice is when a health care provider acts outside normal behavior, leading to an injury or death to the patient. Negligence on the part of medical professionals can have devastating consequences.
If you or a loved one has sustained an injury in New York City because of a failure to diagnose, a failure to provide adequate care or because of an egregious error, DO NOT hesitate to research your legal options. The experienced NYC injury lawyers at Wingate, Russoti, Shapiro & Halperin, LLP can help you better understand your legal rights and options.
Holding Medical Professionals Liable in NY
First, it is important to understand who can be held liable for medical malpractice. Just about any health care provider and their employer are required to provide a reasonable duty of care. Hospitals and nursing homes can face legal claims, as well as doctors, nurses, physical therapists, pharmacists and even chiropractors. It is often advisable for victims of malpractice to file multiple claims against every responsible party to ensure that fair compensation is offered for all of the injuries suffered.
Now that you know who to file a claim against, it is necessary to understand what is required to win a medical malpractice case. In such cases, plaintiffs must prove that:
- They had a doctor / patient relationship with the medical professional.
- The standard of care that they received was outside acceptable behavior for a reasonable health care provider given the circumstances.
- The breach of duty of care resulting in actual harm.
Injured patients or surviving family members may pursue a claim or lawsuit against an allegedly negligent medical professional.
Compensation for Damages in a New York Medical Malpractice Case
Patients injured by malpractice in New York City are entitled to compensation for their resulting medical expenses and future medical expenses related to the breach of care. A successful claim can also result in support for:
- Lost wages, including lost future wages
- Pain and suffering
- Loss of enjoyment of life
- Cost of physical therapy
If the patient died as a result of medical negligence, the victim’s family can pursue support for lost wages from the time of injury, loss of companionship, funeral expenses and other related damages.
Common Examples of Medical Malpractice
Here are some of the most common examples of medical malpractice:
- Misdiagnosis – Cases involving misdiagnosis account for a large percentage of medical malpractice complaints.
- Childbirth injuries – Injuries to the baby during delivery can include brain injuries, broken bones, Erb’s Palsy, and nerve damage.
- Medication errors – These types of mistakes can occur from the initial prescription to the administration of the drug. Common errors that can occur include taking the wrong medication and mistakes with dosage.
- Errors during surgery – A number of things can go wrong during surgery. Common mistakes include anesthesia errors, leaving instruments or objects inside the patient, operating on the wrong site and surgical fires.
Contacting an Experienced NY Medical Malpractice Attorney
If you believe that you or a loved one was the victim of medical malpractice, request a copy of the medical records and reach out to a NYC medical malpractice lawyer right away. Victims in such cases are entitled to financial support for their suffering and negligent health care providers should be held responsible for any injuries they cause. If you or a loved one has been the victim of medical negligence, contact us at (212) 986-7353 for a free consultation and comprehensive case evaluation.