New York Claims for Medical Malpractice and How They Work
We trust doctors, nurses, and hospitals to care for us in times of sickness or occasions of injury. But who do you turn to when a medical provider was the source of your injury or your illness? When you have been injured because of a negligent doctor, you have a right to file a medical malpractice claim to compensate you for your pain and suffering, and a Long Island medical malpractice lawyer can help you.
Personal injury claims arise when there is some type of negligence that causes injury to an innocent party. In medical malpractice claims, the victim claims that a medical professional behaved in a manner that was below the reasonable level of care by their profession. Sometimes, medical negligence is simple and easy to pinpoint, like in a case where a doctor nicks an artery during surgery. However, other instances of medical negligence occur when a doctor makes a judgment call, such as choosing to not perform a caesarian section surgery, and that decision results in injury. Finding the source of the injury, the decision or the moment that amounted to negligence, can be difficult to do, which is why any person who even thinks they might have a medical malpractice claim should contact a Long Island medical malpractice lawyer as soon as possible.
Types of Medical Malpractice in New York
There are as many different types of medical malpractice as there are types of medicine. However, there are several types that comprise the more common claims of medical negligence. One type is surgical malpractice. Surgical malpractice occurs when a surgeon or surgical staff person makes an error. In surgery, there are errors that are referred to in medical terms as “never events,” which means that they are never supposed to happen. But they still do. Never events include operating on the wrong patient, performing the wrong surgery, operating at the wrong surgical site, or leaving surgical instruments or surgical sponges inside the patient.
Another frightening and common type of medical malpractice is obstetric malpractice. The process of delivering a child should be a joyous occasion, but for too many families in the United States, it is marred by the frustration, sadness, and anger that comes with birth injuries and birth defects. Ailments such as cerebral palsy, Erb’s palsy, nerve damage, and hypoxia can be caused by poor decision making and negligence by the attending physician.
Another sadly common medical error is misdiagnosis. When a doctor fails to diagnose an illness, they rob the patient of the opportunity to treat their medical condition before it worsens. Failure to diagnose is particularly egregious in cases of cancer, because the patient’s chance of survival for many types of cancers decreases with time. But medical malpractice does not stop at these three types. It has many forms, all of them potentially life-threatening and pervasive in medical practice.
How a New York Personal Injury Lawyer Can Help
Most doctors have malpractice insurance that is in place to compensate victims of their malpractice. This means that your attorney will be filing a claim with their insurance policy. However, that doesn’t mean that it is easy. Most medical malpractice claims are fact-intensive, and require extensive evidence gathering and research by the attorney to prove that the doctor was, in fact, negligent. Furthermore, the injuries suffered by the victim are also usually severe. Testimony and evidence in the case will be very technical in nature, so you need a Long Island medical malpractice attorney who is experienced and knowledgable.