If you’ve been injured by a physician or another healthcare service provider, you may be entitled to compensation for damages. According to the National Practitioner Data Bank, up to 100,000 deaths occur every year due to medical errors, and five percent of physicians are to blame for 54 percent of all medical malpractice payouts. Healthcare providers who can be held responsible for medical malpractice include physicians, nurses, hospitals and other healthcare facilities, pharmacists, dentists, healthcare facility workers and healthcare technicians.
What Is Medical Malpractice?
Medical malpractice can include anything from negligence and medical errors to deliberately harming a patient. Regardless of what you call it, medical malpractice is care that falls below the accepted standard. Harm sustained due to medical malpractice can be temporary or permanent; injuries can appear immediately, or they can turn up after the fact. Examples of medical malpractice include:
o Failing to diagnose a condition
o Providing the wrong diagnosis
o Failing to provide treatment
o Providing the wrong treatment
o Failing to order the proper tests
o Failing to properly read test results
o Prescribing or dispensing the wrong medications
o Delaying treatment of a condition
o Wrongful death
How Is Medical Malpractice Determined?
Sometimes, substandard care and the harm it causes are immediately apparent. In other cases, the possibility of medical malpractice is suspected but must be investigated to determine whether it has, in fact, occurred. If an error is shown to have happened, your attorney must determine whether that error would qualify as medical malpractice according to other healthcare providers and under New York State law.
If it can be shown that there is a 51 percent chance that malpractice has occurred, a patient is considered to have a case. Proving that malpractice occurred beyond a reasonable doubt is not necessary. The attorney must also show that:
o The condition was not preexisting.
o The medical error caused direct harm to the patient.
o The harm can be remedied only with financial compensation.
What Types Of Compensation Can A Medical Malpractice Victim Receive?
If you are shown to be a victim of medical malpractice, you may receive financial compensation for:
o Medical expenses
o Lost income
o Pain and suffering
o Loss of consortium
o Inability to enjoy life or to experience pleasure
What Services Do Medical Malpractice Lawyers Provide?
An established Manhattan medical malpractice law firm has the experience, expertise, financial resources and manpower to investigate a claim and construct a substantial case that will hold up in court. The firm will also have the resources necessary to retain medical experts who can gather and present the evidence required to build a strong and convincing case. Manhattan medical malpractice attorneys also work to ensure that victims and their families receive the maximum amount of compensation they deserve for their losses.
How Much Does It Cost To Retain A Manhattan Medical Malpractice Lawyer?
An initial consultation with a medical malpractice lawyer is free. During the consultation, we decide whether you have a legitimate claim and whether we are willing to represent you. If we decide to take your case, you will pay us nothing unless you win.
Why Can’t I File My Own Medical Malpractice Claim?
You can file your own malpractice claim, but you may not win for these three reasons:
o You are unlikely to find a physician who is willing to review and make a determination about your case. Without this, you can not file a claim.
o You may not have the financial resources necessary to hire the investigators and medical experts required to substantiate your claim.
o The insurance companies representing the medical practitioner or facility you are suing will have an in-house team of experienced and high-powered attorneys who are committed to disputing your claim or settling with you out of court for the smallest amount of compensation possible.
Medical Malpractice Claims Statue Of Limitations
Typically, you have 2.5 years to file a medical malpractice claim. Wrongful death claims must be filed within two years, and claims against a public hospital or healthcare facility must be filed within 90 days.