At one point or another we will all need to visit a doctor or another medical professional for quality healthcare services. Unfortunately, it doesn’t always work out that way. Sometimes, the professionals we rely on for our well-being, end up exacerbating the injury. It can be sad to learn that the highly trained doctors you trust make mistakes that leave permanent effects. Fortunately for patients, the legal system has established rules to help determine who will be liable for your injuries during the course of your medical treatment. The area of practice concerning liability for physicians, nurses, assistants and other medical professionals is generally known as medical malpractice. Medical malpractice can occur due to incorrect diagnosis, improper treatment, or operating on a patient without their permission.
Proving Medical Malpractice
Medical malpractice cases consist of figuring out who was at fault and then legally proving that fault. Hospitals as well as others who provide health care services can also be liable for malpractice. A medical malpractice case will allege that a medical professional was negligent while providing medical service to a patient. To establish medical negligence, an injured plaintiff must prove the following elements.
The medical professional owed a duty to the patient. The medical professional breached that duty by deviating from the applicable standard of care – Under New York law, a healthcare provider must exercise the level of care, skill and treatment as a reasonably prudent doctor would exercise under similar circumstances. A causal connection between the medical professional’s conduct and the injury – also known as the ‘but for’ test. ‘But for’ the fault of a medical processional, the injury would not have occurred. Medical malpractice cases can be very difficult and require a substantial amount of medical evidence and preparation. The experienced attorneys at Choudhry & Franzoni can help you put your case together which may otherwise seem very overwhelming.
How Much Time Do I Have To File My Claim:
If you’ve been injured due to the negligence of a doctor or other medical professional, time may not be on your side. Some people may feel that they would be better off if they just wait and hope their injury gets better. The law requires you to file your medical malpractice case within a certain time period, known as “statute of limitations”. The statute of limitations applicable to medical malpractice actions is usually 2 years and 6 months, a shorter time period than for other types of personal injury actions. The courts take different views on when the statute of limitations begins to run, whether it’s when the injury first occurred or when the patient discovers or should have discovered the injury. Therefore, it is vital to contact one of our attorneys today to discuss your medical malpractice case.
Giving birth is probably one of the most exciting, joyous, and stressful moments in your life. The last thing you want to hear after you give birth is that you baby suffered a birth injury. Birth injuries can occur from complications during labor or from improper prenatal medical care.
A birth injury can be due to the fault of not only a doctor, but also the nurses, assistants, anesthesiologists, or other medical professionals who assisted during the act that caused the injury. A hospital can also be held responsible for the actions of the staff through something knows as “vicarious liability”. This means that the hospital, or employer, is responsible for the actions of their employees. Generally, employers can be held liable for the actions of their employees if the action occurred during the scope of the employment.
If the birth injury was the result of a prescription drug, a claim can be filed against the pharmaceutical company. The pharmaceutical company owes a duty to the consumer to ensure the drug is safe when taken as intended. The pharmaceutical company must warn doctors of the dangers of a drug and could be held liable if they fail to warn.
Birth Injuries vs. Birth Defects
Many people may be confused as to whether the injury to their child was the result of someone’s negligence or a birth defect. Birth injuries are generally caused by something that went wrong during the delivery itself, whereas birth defects involve harm to a baby that arose prior to birth, usually caused by something that occurred during or before the pregnancy. It is estimated that 7% of all babies are born with some sort of birth defect, ranging from very minor to severe.
Documents to Gather for you Medical Malpractice Case
Medical malpractice cases tend to be much more complex than other personal injury cases. There is only so much you can verbally communicate with your attorney. It is a good idea to start gathering all the paperwork necessary to help your attorney get all the facts.
The following is a list of the most common documents needed in a medical malpractice case:
- Medical Records
- Prescription Medicine Information
- Mental Health Records
- Insurance Information
- Invoices from Hospital or Medical Provider
- Documents Received from Defendant
- Any Other Documents Related to Your Claim
HIRING THE RIGHT LAWFIRM FOR YOUR MEDICAL MALPRACTICE CASE
In some cases, a hospital or doctor may be quick to offer you a settlement when they know they were at fault for your injury and may be held responsible. They will try to negotiate and settle with you and discourage you from hiring an attorney. It is vital that you speak to an experienced malpractice attorney before signing any documents.
Every malpractice case is unique and the value depends on a detailed analysis of all the circumstances. The hospitals are very experienced in analyzing malpractice claims and trying to minimize the settlements. They know what your case is really worth but will try their best to offer you the least amount possible. A qualified attorney from Choudhry & Franzoni will fight for you to help you determine the true value of your claim and to get you the most amount possible. The doctor or hospital will hire a team of top notch attorneys who specialize in defending medical malpractice cases. They will spare no expense in trying to fight your claim. Knowing that you are not represented by an attorney, the doctor or hospital may even try to get your case dismissed due to a procedural technicality. You may even be held responsible for the attorneys’ fees for the defendants and all expenses incurred by the other side
If you or a loved one are suffering from an injury that could have been prevented with proper care, call one of our qualified attorneys today to discuss your case. Medical malpractice cases are often complex and emotionally draining. You no longer have to bear the burden of this emotional toll alone, call us today as we are ready to help.