Are you a victim
of Medical Malpractice?

What is Medical Malpractice in New York?

Medical malpractice negligence occurs when a healthcare professional, such as a physician, dentist, nurse, pharmacist, or any other medical practitioner, fails to uphold the standard of care. The standard of care is medical care that would be provided by a similarly situated medical professional. For example, if you have surgery, the surgeon has a legal duty to provide care that is in line with what another similarly trained medical professional would provide.

Breaching the duty of care can lead to significant harm, both physical and emotional, to the patient. If victims can connect their injuries to the breached duty of care, and document the damages they have suffered, they may be eligible to recover compensation.

If you think you were a victim of medical malpractice, you need to review the situation with an experienced New York medical malpractice lawyer. These are some of the most complicated personal injury cases, as we will need to consult medical experts to determine if and when the standard of care was breached.

Medical malpractice can occur in the diagnosis or treatment of a patient. While many of these cases involve malpractice during or after surgery, doctors can also commit malpractice when meeting with patients to discuss an illness.

Proving You Have a Compensable Injury

For a medical malpractice claim to be successful, the plaintiff must provide evidence of actual, compensable injury caused by the negligent care. This injury can be physical, such as complications from surgery, improper treatment leading to worsened conditions, or adverse effects from medication.

Emotional and psychological injuries can also be considered in a malpractice claim. For example, the trauma of undergoing unnecessary surgery or the anxiety and stress caused by a prolonged recovery due to a medical error can be significant factors in a lawsuit. Demonstrating the full scope of harm suffered by the patient is essential to securing appropriate compensation.

Who Can Be Held Liable for Medical Malpractice?

Another benefit of hiring an experienced medical malpractice lawyer is he or she knows how to identify who can be held liable. While doctors are often the focus of a medical malpractice, there are numerous parties who could be legally responsible:

• Doctors: Physicians, including surgeons, general practitioners, and specialists, can be held liable for misdiagnosis, surgical mistakes and more.
• Nurses: Nursing staff can be responsible for medication errors, failing to monitor patients properly, or not following the doctor’s orders.
• Hospitals: Hospitals may be liable for inadequate staffing, poor sanitation, or failing to ensure they hired competent medical staff.
• Pharmacists: Pharmacists can be held accountable for dispensing incorrect medication or incorrect dosages.
• Medical Technicians: Technicians who conduct tests and scans can be liable for errors in performing or interpreting diagnostic tests.

What Are the Different Types of Medical Malpractice?

There are numerous examples of medical malpractice. If you or a loved one were injured by any of the following examples, or something else not listed, The Bongiorno Law firm may be able to assist you:

• Failure to Properly Diagnose Patients: Properly diagnosing a patient is one of a doctor’s most important responsibilities. Without a proper diagnosis, the doctor cannot treat what ails you. Sometimes proper diagnosis is delayed, which can be life-threatening with conditions like cancer. Doctors may diagnose you with an illness you do not have and begin treatment. This treatment will not only be ineffective but expose you to unnecessary risks.
• Failing to Warn the Patient of the Risks of Treatment: Doctors are required to obtain informed consent from patients. That means providing adequate notification of the risks and benefits of treatment.
• Medication Errors: This could be something as simple as giving the wrong medication to a patient due to a labeling issue, or simply misreading the label. Doctors could also prescribe an incorrect dosage or prescribe a medication that has a harmful interaction with another medication the patient is taking.
• Surgical Errors: Examples may include operating on the wrong body part, the wrong patient, leaving surgical tools inside a patient, and damaging surrounding organs and tissues. Infections could occur due to using unclean instruments during the procedure.
• Anesthesia Errors: Negligence when administering anesthesia can result in life-changing injuries or death. For example, failing to monitor oxygen levels while a patient is under could result in a lack of oxygen to the brain. Giving the patient too much anesthesia could make it harder for the patient to regain consciousness. Failing to evaluate the patient’s medical history could also result in an anesthesia error.
• Improper Follow-Up Care: The doctor’s responsibility does not end after surgery or after a patient begins treatment. Doctors need to monitor the patient to ensure he or she is recovering and to identify potential complications, like infections.   

If you have reason to believe your injuries could have been prevented, you may be able to file a case.

Compensation for a Medical Malpractice Injury in New York

If you have a case, you may be eligible to receive compensation for more than just your physical injuries. Damages are divided into two main categories:

Economic Damages

These cover tangible financial losses such as medical expenses, rehabilitation costs and lost wages. These are also known as special damages.

For example, you can seek compensation for the medical expenses you have already incurred and may incur in the future. These may include the cost of:

• Additional surgeries
• Medical testing
• Future appointments with doctors
• Medical equipment
• Prescription medications
• And more

Many medical malpractice injuries limit victims’ ability to work. They may miss work while recovering or their future earning capacity may be affected. Fortunately, you can include lost wages and loss of earning capacity in a claim for compensation.

Non-Economic Damages

These compensate for intangible losses like emotional distress, loss of enjoyment of life, and pain and suffering. These are also called general damages.

One of the many reasons to hire an experienced New York medical malpractice lawyer is that he or she will know how to calculate what these kinds of damages are worth. There is no defined value for these damages, it is based on the evidence and other factors, such as the cost of your medical expenses.

At The Bongiorno Law Firm, we know how important it is to recover full compensation for all the effects of your injuries. For more than 35 years, we have been managing the legal process on behalf of our clients and advocating for the justice they deserve.