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Although medical mistakes are a leading cause of death in the United States, not every mistake is grounds for a medical malpractice lawsuit. Nonetheless, diagnostic errors, birth injuries, surgical errors and other medical mishaps are common areas of medical malpractice. While most doctors and medical professionals provide quality care to their patients, a medical mistake can be life-altering or fatal.
Prime Law Firm fights for the rights of medical malpractice victims in the greater New York area.
Well-versed in the applicable negligence laws, we have a proven track record of obtaining significant settlements and jury awards on behalf of our clients. If you or a loved one has been the victim of medical malpractice, we will fight for your right to just compensation.
What is Medical Malpractice?
Medical malpractice is said to occur when the negligence of a doctor, hospital or other medical professional injures a patient, worsens a condition, or causes an unreasonable or unexpected complication. A medical malpractice lawsuit cannot be brought merely because of a mistake, however. To have a valid claim, you must demonstrate that you were injured because the medical treatment provided to you deviated from the appropriate standard of care — the type of care that a reasonably skilled physician or other medical professionals would have provided under the same circumstances.
In addition, you must be able to prove that the doctor's negligence directly caused the injury, and that the injury resulted in specific damages. These include physical pain, disability, loss of income, mental anguish, past, and future medical expenses, suffering and hardship. Finally, before a medical malpractice lawsuit can be filed, it is necessary to obtain a doctor's opinion that medical malpractice has occurred.
What are the most common medical malpractice claims?
Although medical malpractice is often associated with serious surgical procedures, the most common medical malpractice claims include:
- Misdiagnosis/Delayed Diagnosis — If an injury or illness is not accurately or quickly diagnosed, a patient may not receive the proper medical treatment and suffer serious harm or death. Proving a doctor's negligence led to an improper diagnosis often requires expert testimony about the differential diagnosis that a reasonably skilled doctor would have conducted under the same circumstances.
- Medication Errors — Mistakes occur when the wrong drug or dosage is prescribed or a prescribed medication is not properly administered. Such errors may involve a hospitalized patient being given the wrong drugs, an equipment malfunction (e.g. an I.V. pump) that results in an overdose, or a prescription error that causes a patient to receive an incorrect dose.
- Surgical Errors — Defined as a preventable mistake during surgery, such errors include operating on the wrong body part or wrong side of the body, failing to close a bleeding vein or artery, puncturing a vital organ, leaving sponges or surgical instruments inside a patient's body, and post-surgical complications. Miscommunication is often cited as a leading cause of surgical errors.
- Birth injuries — Frequently caused by complications during labor or delivery that result in physical harm. In particular, the improper use of medical techniques or devices, such as forceps or a vacuum pump, or other delivery room errors, can lead to various types of physical trauma, such as brachial plexus injuries (e.g. Erbs Palsy), cervical dystonia, shoulder dystocia, and hypoxia (oxygen deprivation).
- Anesthesia Errors — An anesthesiologist may fail to read the patient's medical history thoroughly, prescribe anesthesia to which the patient could be allergic, administer too much or too little anesthesia, fail to monitor the patient's vital signs, or improperly intubate the patient. Anesthesia errors are especially dangerous and even small errors can lead to permanent injuries and fatalities.
Why Choose Prime Law Firm?
Knowing that medical malpractice victims face tremendous physical, emotional and financial burdens, we work to help ease those burdens by providing each client with aggressive legal representation and superior personal service. While healthcare providers, their insurers and attorneys often seek to deny any liability, we have the skills and resources to even the score.
Our legal team will conduct a thorough investigation by examining all the medical records to uncover evidence of negligence. We will also rely on our network of credentialed doctors and medical experts to provide testimony about how the treatment provided to you deviated from the appropriate standard of care. Although many malpractice cases can be resolved though extensive negotiations, we are prepared to litigate any matter.
Prime Law Firm has a proven track record of achieving successful outcomes inside or outside of the courtroom. If you or a loved one has been injured due to medical malpractice, we will work tirelessly to help you obtain the compensation you deserve. Above all, we will always put your best interests first and never stop fighting for you. Contact our office as soon as possible to set up a free consultation.
