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Suffering an illness or injury can be an unsettling experience, and even more so when a patient is not properly diagnosed and treated. Medical negligence occurs when a physician, surgeon, hospital or other medical professional fails to provide a patient with the appropriate standard of care. Nonetheless, a successful medical malpractice claim requires having a highly adept personal injury attorney in your corner.
Prime Law Firm has decades of experience holding medical professionals accountable for negligence. If you sustained a physical injury, experienced pain and suffering, suffered financial losses or other harm as the result of medical negligence, we will fight to help you obtain the compensation you deserve. Backed by extensive knowledge of medical malpractice and negligence laws and a proven record of trial advocacy, we are the wise choice in medical negligence litigation.
What is medical negligence?
All medical professionals have a duty to provide patients with an appropriate standard of care and can be held directly liable for their own negligence. This is the type of care that a reasonably skilled healthcare provider would have provided under the same circumstances.
Some of the common claims arising from medical negligence include:
- Medical misdiagnosis — Failing to accurately diagnose a medical condition can lead to undue suffering. Medical misdiagnoses may involve making an incorrect diagnosis, failing to diagnose, or delaying a diagnosis, all of which can be life-threatening.
- Surgical negligence — Although most surgeries are performed successfully, surgical errors (so called “never events) are not uncommon. Common types of surgical errors include wrong side surgery, wrong patient surgery, foreign objects left in the body (e.g. scalpels, scissors, clamps, sponges), perforated organs, nerve damage, scarring and disfigurement, loss of limbs, and wrongful death.
- Prescription negligence — Being prescribed the wrong medication, or the wrong dosage, can have serious consequences including brain damage, allergic reaction, digestive problems, psychological illness and even death. Prescription negligence is typically attributed to the wrong medication being prescribed or dispensed, an incorrect dosage amount, harmful drug interactions (medication prescribed together that should not be), or prescribing a medication to which the patient is known to be allergic.
- Lack of Informed Consent — Medical professionals are required to advise patients of the risks of a procedure, and inform them of available alternatives. Patient's must also provide their written consent before proceeding; this is known as informed consent. A medical professional who fails to obtain a patient's informed consent may be held liable for medical negligence if the patient is subsequently harmed.
- Birth Injuries — Such injuries include those suffered by the mother (e.g maternal or gestational diabetes, preeclampsia, uterine rupture, or the baby (e.g cerebral palsy, erb's palsy, brachial plexus Injuries) either during labor or childbirth due to the negligence of an obstetrician or other medical professional.
Do I have a valid medical malpractice claim?
A medical malpractice lawsuit cannot be brought because of a medical mistake — instead, medical malpractice occurs when the negligence of a medical professional causes injury to a patient, worsens a condition, causes unreasonable or unexpected complications, or necessitates additional treatment. To have a valid claim, moreover, you must be able to demonstrate that you were injured because the medical treatment provided to you deviated from the appropriate standard of care. This is the type of care that a reasonably skilled physician or another medical professional would have provided under the same circumstances.
Additionally, you must be able to prove that medical negligence directly caused the injury, and that the injury resulted in specific damages, such as 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 in New York, it is necessary to obtain a doctor's opinion that medical malpractice has occurred.
What is vicarious liability?
Medical negligence can also occur when employees of doctors, hospitals, and other healthcare providers fails to meet the appropriate standard of care, in which case the employer — such as a healthcare association or corporation — may be deemed responsible for the employee's actions or omissions under the legal doctrine of vicarious liability.
In short, this doctrine holds that an employer is responsible for the negligence of its employees. As an example, nurses, medical technicians, and support staff are often hospital employees, so a hospital can be sued if one of these individuals injures a patient, as long as that employee was performing a job-related function when the patient was harmed. So, if a nurse harms a patient by providing the wrong medication, the hospital may be held liable.
New York City Medical Negligence Attorneys
Prime Law Firm has extensive experience pursuing medical negligence claims against all types of healthcare providers, including physicians, healthcare associations, and private and public hospitals. By conducting an extensive investigation which includes obtaining and reviewing medical records, identifying and interviewing witnesses, and collaborating with medical experts, our legal team works diligently to show how the responsible party was liable for medical negligence.
Over our many years of practice, we have recovered millions of dollars in settlements and jury awards for medical malpractice victims. We know that being injured as a result of medical negligence is overwhelming, and many victims are afraid and don't know where to turn. Our legal team will provide you with caring, efficient service and never stop fighting for you.
If you or a loved one has been injured because a doctor, surgeon or hospital failed to provide the appropriate standard of care, you may be be able to recover damages such as lost wages, past and future medical expenses, pain and suffering, and other losses. When you work with our dedicated legal team, you will have peace of mind knowing we will always stand by you.
