Under medical malpractice law, medical errors legally become medical negligence, or malpractice, when the error is below the “accepted standard of care” in the community where the doctor, or the other provider, is located. Medical negligence, or malpractice, allows money damages for pain and suffering, medical expenses, and other types of compensation. Medical malpractice lawyers work with victims and their families in pursuing claims both in and out of the courtroom to insure that their medical malpractice remedies under current New York law are promptly identified and demanded.
What is the “acceptable standard of care”?
Doctors are held to meet a minimum standard of professional care and have his or her activities measured in comparison with his or her peers in the same geographical region.
New York’s medical malpractice laws provide money damages to anyone who is harmed by any medical professional, such as a doctor, nurse, dentist, pharmacologist, technician, nursing home or staff, hospital, hospital worker, or other health care provider, who makes an error that falls below the standard of practice and thereby harms a patient.
Has there been medical malpractice?
When there is an unfortunate result, it is important to know if medical malpractice is involved. If it is, then you and your loved ones have a legal claim for justice under New York malpractice laws. For some families, it is very clear that an error in health care has taken place, or that a routine procedure has turned into a fatal injury. Some malpractice mistakes are obvious to everyone: for example, giving penicillin to someone who is known to be allergic, or amputating the wrong limb. Regrettably, medical malpractice lawyers have also experienced situations where claims are not immediately recognized. Occurrences of medical malpractice are not always obvious to the average person. For example, an illness or injury may appear sometime after childbirth or surgery, and no one in the family suspects a connection between the two.
An experienced medical malpractice attorney and appropriate medical experts can conduct a thorough analysis of the case. Together, they can determine whether or not there is medical malpractice. It is therefore very important that any suspicion of medical error, no matter how remote, be investigated. Contact the law offices of Garber Legal to learn more about your legal rights and options. At GarberLegal, our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.
What are some examples of medical malpractice?
There are many different types of medical malpractice:
- Wrongful Death
- Severe Birth Injury, Erbs Palsy, Cerebral Palsy, Shoulder Dystocia
- Failure to diagnose
- Failure to treat properly
- Diagnosing an incorrect condition
- Pursuing the wrong treatment
- Failure to diagnose cancers such as breast cancer, prostate cancer, lung or colon cancer
- Failure to order necessary tests
- Failure to properly evaluate test results
- Improper prescriptions of drugs
Are You or a Loved One a Victim of Medical Malpractice?
There can be no clear answer to this question, in many instances. Unless the medical error is obvious, an expert in medical care will need to help you in determining (1) whether or not there may have been a serious medical error in the eyes of health care experts, and (2) whether New York law will hold this error to be medical malpractice for which you may receive compensation.
Don’t wait until it is too late: there is a legal deadline for filing a medical malpractice claim that must be met — fall outside the deadline, and your claim will be barred.
If you or someone you love may have been injured by medical malpractice or negligence, remember that time is of the essence so contact the law offices of GarberLegal today to learn more about your legal rights and options. At Garber Legal our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.
