Medical Malpractice – What to Do

You wince as pain shoots through your back. The hospital surgery that was supposed to alleviate your back pain in New York has worsened it, and you believe your doctor’s negligence is to blame. You’re not the only one in this situation.

Research shows that at least 15,000 medical malpractice suits are filed against physicians yearly. Medical malpractice can happen if a doctor misdiagnoses a patient or prescribes the wrong medication.

A medical malpractice attorney in Bronx, NY, can be an asset after a hospital incident. Let’s explore what options exist for your injury.

What Is Medical Malpractice?

Medical malpractice happens when a healthcare worker or doctor doesn’t follow the established care standard. This is the protocol that other healthcare providers follow in similar situations. It’s also called medical negligence.

Negligent medical workers may harm patients. These patients may have to undergo extra treatment or surgeries to address this harm.

Cancer misdiagnoses can especially be problematic. That’s because patients’ cancer can advance and become more difficult to manage.

Remember that not every unsuccessful medical treatment is medical negligence. Physicians may have to try various treatment approaches before finding ones that work. This is okay only if their treatment techniques are appropriate for the patients’ illnesses or conditions.

What Medical Malpractice Looks Like

Doctors may commit different types of malpractice. Let’s go over the various forms.

Misdiagnosis and Delayed Diagnosis

Misdiagnosis is a common type of malpractice. It happens when doctors don’t correctly identify patients’ injuries or illnesses. Commonly misdiagnosed conditions include AIDS/HIV, heart issues, organ damage, and cancer.

Delayed diagnosis may occur if a doctor doesn’t order the right diagnostic testing based on a patient’s symptoms or doesn’t communicate the results quickly enough. The physician may be held responsible for any harm this causes the patient.

Surgical Errors

A surgical error may occur if a surgeon doesn’t follow the industry’s care standard during a procedure. This may cause them to perform the wrong operation or cut open the incorrect body party. Another common surgical error is leaving a medical instrument in a patient’s body.

Not Treating an Illness

Sometimes, doctors properly identify injuries or illnesses but don’t recommend the right treatments. This is medical malpractice since they’re trained to suggest appropriate treatments.

Birth Injuries

Infants may experience severe harm when medical mistakes happen during childbirth. Medical workers must recognize the risks associated with various deliveries and prepare to handle complications that may arise. Failure to do this could lead to medical malpractice lawsuits (more on these next).

Establishing a Malpractice Claim

Contact a personal injury lawyer immediately if you believe you are a medical negligence victim. The attorney can evaluate your situation and help you determine if you have a legitimate legal case. Establishing a claim requires proving the following four elements.

Existence of a Relationship

A doctor-patient relationship must exist before a malpractice claim can be filed. Registering at a local emergency room is enough to create this relationship. Doctors can’t be sued if they don’t help people who experience medical emergencies near them on the street, as no official relationships exist between them.

Negligence

You need to prove that a healthcare professional or doctor was negligent toward you to succeed in your malpractice claim. Negligence is the basis of every personal injury case, including medical malpractice. Other types of personal injury cases include those involving slip-and-fall or car accident injuries.

Causation

Proving negligence isn’t enough to win your medical malpractice case. You also have to prove that your doctor’s or medical worker’s actions caused you harm.

Losses

You must demonstrate that your physician’s or health care worker’s actions caused you losses. Monetary damages awarded in a successfully fought suit may help you cover losses such as hospital bills.

Compensation can also help cover lost wages. This is necessary if your alleged medical malpractice injury prevents you from returning to work immediately.

Evidence of Medical Malpractice

What proof can you submit to win your medical malpractice lawsuit? Healthcare bills can help prove how much you had to pay in expenses due to a doctor’s alleged malpractice. Your previous pay stubs may establish how much income you’ve lost.

Seek testimonies from medical professionals who explain your injuries’ severity. These professionals may also discuss whether the doctor involved in your case acted negligently.

Ask your friends and family members to write testimonies, too. These documents can help demonstrate your medical injuries’ effects on your life.

Medical Malpractice Attorney in Bronx, NY

You may be tempted to represent yourself in a medical malpractice case. Don’t. A New York attorney can help you file a lawsuit, which can be complex and intimidating. Your attorney will help you gather relevant medical records and follow New York’s procedural rules for navigating medical malpractice cases.

Settlement Negotiation

The attorney may suggest negotiating a settlement versus filing a lawsuit if you want a faster resolution to your medical situation. Negotiation may also save money since it involves fewer court dates and hours.

Another reason to choose a settlement is that it may increase your chances of getting compensation. You might not win at trial, meaning you won’t receive any monetary damages. Negotiating a settlement may also lead to more confidentiality.

Taking Your Case to Trial

A New York attorney may suggest litigation if they believe you can get more compensation than you would from negotiations. Winning at trial may also help you hold the negligent medical professional accountable before a jury and judge.

Your case may not be resolved for a few years if you choose the trial route. Winning your case will make the wait worthwhile, though.

How We Can Help With Medical Malpractice

A medical malpractice attorney in Bronx, NY, can help you file a malpractice lawsuit quickly and correctly. Winning your case is possible if you prove that you had a relationship with the doctor who allegedly harmed you. You also need to prove that their actions led to losses, like medical bills and lost wages.

Stillman & Stillman, P.C. is the Bronx’s leading medical malpractice attorney. We’d gladly represent you in court or recommend a settlement, depending on your situation. Schedule a free consultation today!