The area we live in is widely considered to have some of the best hospitals and doctors in the world. We are supposed to literally trust these individuals with our lives and the lives of our loved ones. With so much trust put into medical professionals, it is always shocking when they don’t live up to our expectations and fail to meet the standard of care that other professionals would meet. When a doctor, nurse, or hospital is negligent, it may be considered medical malpractice. This negligence can result in serious further injury, illness, or death for a patient. If you or a loved one have been the victim of a medical malpractice case, it is important to consider your legal options. Mr. Santo and his team understands how challenging the period of time after malpractice can be for a family and we are here to help. Our firm will help you get the compensation you deserve while working hard to hold the medical professional accountable for their actions.
TYPES OF MEDICAL MALPRACTICE
We put a great deal of trust in doctors, nurses, and other medical professionals. Unfortunately, not all medical professionals live up to their esteemed reputation and fail to meet the standard of care they are expected to. This can result in significant, lifelong and life-threatening impacts. When serious mistakes are made, it is important to hold these medical professionals accountable. Some of the many types of mistakes that may be considered medical malpractice include the following:
- Birth injuries
- Failure to diagnose
- Failure to diagnose cancer
- Anesthesia errors
- Surgical errors
- Medication errors
FULFILLING THE BURDEN OF PROOF
Medical malpractice cases are some of the most challenging lawsuits that attorneys handle. New York requires that the burden of proof is fulfilled, meaning that the plaintiff has to provide evidence that shows that the medical professional was negligent. Medical malpractice cases also require the plaintiff to prove that the medical professional did not meet the same standard that his or her peers would have met in the same situation. Sometimes, medical errors cannot be avoided but it does not necessarily fall into the category of malpractice. It is important to retain the services of an experienced medical malpractice attorney that can assess your situation to determine whether you have a case.
STATUTES OF LIMITATIONS
New York, along with many other states, requires that lawsuits are brought within a certain period of time that is referred to as the statutes of limitations. If an individual fails to pursue their case within this time period, they will not be able to do so in the future. Of course, this can be devastating to learn. Speaking with an experienced medical malpractice attorney is best, as time is of the essence. Medical malpractice cases in New York must be filed within 2.5 years from the date of the incident.
The primary goal of bringing a personal injury lawsuit for medical malpractice is often to hold the negligent party responsible for their actions and to try and recover compensation for the burdens that were faced. A successful medical malpractice case is able to recover damages for both economic and noneconomic hardships that were brought on by the negligence and could have been avoided if the medical professional had been more careful. Some of the economic damages that may be recovered include the cost of medical bills, rehabilitation, additional treatment, making adaptations to the home, and lost wages. A few of the noneconomic damages that may be recovered include the emotional distress caused by the negligence, pain and suffering, loss of independence, loss of enjoyment of life, and more.