Medical malpractice is the negligence of a healthcare professional to provide competent, or standard, medical treatment. New York medical malpractice law only requires a healthcare professional to provide standard medical care. Thus, if a medical professional provides a patient with standard, but not the best medical care, they aren’t responsible for the injury. However, any time a medical professional is negligent, a malpractice lawsuit is a remedy for the injured patient or their loved ones.
Have you suffered a burn because of the negligence of a doctor, nurse or surgeon? You don’t have to figure out how to pay the insurmountable medical bills or suffer in silence. Contact us for immediate help with your potential medical malpractice claim.
What is Burn Medical Malpractice?
When people think of suffering a burn, they often think of a work-related injury. Not all burns are work-related injuries. Burns that occur because of the negligence of a healthcare professional is referred to as burn medical malpractice.
Burn medical malpractice occurs in many ways. One common way a patient is burned is while being treated by a healthcare professional. Another common way medical malpractice occurs is when a healthcare professional fails to provide standard care to a patient who is seeking treatment for their burns.
Common Burn Medical Malpractice caused by Treatment in a Hospital or a Medical Professional
A patient who sustains a burn while being treated isn’t always a burn victim. A serious burn can happen when a patient is undergoing a procedure or treatment for another illness or medical condition. Common burns caused by a healthcare professional or hospital treatment may cause serious, debilitating injuries such as:
• Radiation Burns: Trying to cure patients with cancer requires a mix of strong chemotherapy drugs and radiation therapy. When radiation therapy is improperly done, it can cause serious injury. In fact, it can burn body tissue. This type of burn can be extremely painful and require a long period of healing time.
• Thermal Burns and Scalds: A healthcare professional may use hot materials such as equipment, hot towels, lasers, tools and cauterizing tools. These objects, when extremely hot, may cause a patient serious burns.
• Friction Burns: Hospital equipment with rotating or moving parts such as drills and saws can cause burns. When a healthcare professional placing a rotating object against a patient’s skin without taking the standard care required, serious burns may occur. This is commonly called a friction burn. Friction burns may result in permanent burn damage to the skin and scarring.
• Chemical Burns: Chemicals are used to sterilize and clean hospital facilities. Unfortunately, when the chemicals come in contact with patients because of a negligence on a healthcare professional or hospital staff, patients can suffer burns.
• Electrical Burns: A patient may sustain electrical burns while undergoing surgery because they hooked up to different computers and machines. The equipment monitors a patient’s vitals and help with their care. When the computers and machines are faulty, old or have worn wires, a patient may sustain a serious injury or death.
Common Burn Medical Malpractice caused by Healthcare Worker’s Negligence
While some burn medical malpractice claims result from hospital negligence, other burns are caused because of a healthcare provider’s negligence. Negligence can happen in many forms like an error in judgment or carelessness when treating a patient who is already undergoing treatment for their burn injuries.
Any time a patient isn’t give standard medical treatment for their burn injuries, their recovery may become complicated, delayed or worsened. The repercussions for substandard care for burn injuries include:
• Possible rejection of skin graft
• Increase risk of developing an infection
• Continuous pain and suffering
• Permanent nerve damage
Seek legal help for your burn injury. You or your loved one was harmed because of a medical provider’s negligence. It doesn’t matter if you suffered a burn injury prior to receiving substandard treatment or not. You must be compensated for the pain, suffering and additional medical expenses you suffered. Contact us immediately to get the money you deserve.
Successful Burn Medical Malpractice Claims
New York requires each plaintiff seeking damages for their injuries to follow a legal step-by-step guide for a successful claim. The legal word for this step-by-step guide is elements. Each element must be proven to obtain a jury or judge verdict. The four elements needed for a successful medical malpractice claim are:
1. The defendant owed the plaintiff a legal duty. Every patient who seeks treatment from a healthcare provider creates a business relationship. The patient hires the healthcare provider and the healthcare provider agrees to be hired. This business relationship creates a legal duty for the healthcare provider. They must provide the patient with competent, standard care. This means not causing a burn or making a burn injury worse.
2. The defendant violated their legal duty to the plaintiff. For a defendant to breach their legal duty, they must provide the patient with substandard care. Substandard care is any medical treatment that deviates from what another healthcare provider would do in the same or similar situation. An attorney would have a medical expert testify another healthcare provider would have treated the patient’s burns different or avoided burning them at all.
3. The defendant’s breach of legal duty caused the plaintiff’s injury. New York medical malpractice law assumes the defendant may not have caused the plaintiff’s injury. Why? The plaintiff was already sick or burned when they sought medical attention. Thus, a plaintiff’s attorney must show how the defendant’s negligence caused the burn injuries.
4. The defendant owes the plaintiff damages for injuries. This is where the correct awards money for a successful malpractice claim.
You may Receive Economic, Noneconomic or Punitive Damages for Your Burn Injuries
New York doesn’t limit damages. The type of damages a plaintiff can receive are:
• Economic Damages: Money for past, current and future medical bills, lost wages or funeral expenses.
• Noneconomic Damages: Money for injuries that can’t be calculated like pain and suffer and mental anguish.
• Punitive Damages: Money a plaintiff is given to punish the defendant for acting in a careless, reckless or malice way. This money isn’t awarded in all cases.
We’re Ready to Help You or Your Loved One with Your Medical Malpractice Claim
New York law limits the amount of time you have to file a medical malpractice claim. You have two years and six months to file a claim. After that, the medical professional doesn’t have to pay for causing your burn injuries. We’re ready to help you with your burn injury medical malpractice case. Contact us immediately for help.