If you think you have a medical malpractice claim, speak with our office of medical malpractice lawyers in Staten Island promptly.
Medical Malpractice in New York
Studies show that there are approximately 1.3 million incidents of medical malpractice each year, and every year approximately 98,000 people die as a result of medical errors by doctors, hospitals and other health care providers. Whether it’s a mistake in surgery, diagnosis, treatment, or medication, when a person is the victim of this type of negligence, they may have a claim for medical malpractice. These claims arise when the medical error is the result of a doctor, hospital, or health care provider not living up to the accepted standard of practice in the medical community.
Common Incidents Involving Medical Malpractice Claims
The following are common incidents involving medical malpractice claims:
- Failure to properly diagnose a condition or disease. For instance, the failure of a doctor to recognize the symptoms of cancer or missing clear evidence of cancer on a diagnostic test such as a Cat-Scan
- Negligent failure to provide adequate prenatal care
- Failure to provide proper care during childbirth
- Failure of doctors and nursing staff to follow medically accepted protocol. For instance, many patients get bed sores in hospitals or nursing homes due to lax medical care
- Failure to follow accepted guidelines and administering excessive anesthesia
- Errors committed during surgery
- Prescribing the wrong medication or improperly prescribing medications that are contraindicated
Required Elements for Medical Malpractice Claims
If you think you have a medical malpractice claim, contact one of our expert medical malpractice lawyers in Staten Island.
In order to prove a claim for medical malpractice, four elements have to be proven. First, it must be shown that the doctor, hospital, or health care provider has a duty to the patient. This involves showing that the health care provider actually assumed the responsibility of caring for the patient. Second, the patient has to show that the health care provider breached this duty by failing to live up to the accepted standard of medical care. Third, this breach of duty must have caused the injury the patient is claiming occurred as a result of medical malpractice. And lastly, there must actually be an injury.
Once these are proven, the patient may recover from their medical expenses, pain and suffering, loss of earnings, and the costs of future care. If the patient dies as a result of medical malpractice, the next of kin may be able to recover for their loss in accordance with the New York wrongful death statutes.
Contact Medical Malpractice Lawyers in Staten Island
If you are filing a medical malpractice claim in New York, Manhattan, Staten Island, or other cities in New York (and around the US), then you can count on our team of medical malpractice lawyers in Staten Island, New York. Our firm understands New York Law and has a proven track record of successful cases and settlements we have won for our clients.