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How to Know if You Have a Viable Medical Malpractice Claim 

How to Know if You Have a Viable Medical Malpractice Claim 

Statistics show that medical malpractice causes 250,000 deaths every year in the United States. Hundreds of thousands of patients are also forced to deal with overwhelming consequences. If you were injured due to a medical professional’s negligence, our medical malpractice attorney in Long Island can help.

What is Medical Malpractice?

Medical malpractice is the legal concept wherein a healthcare professional or provider breaches their duty of care to a patient, resulting in injury, harm, or death. It is typically evaluated based on whether the provider’s actions deviate from the standard of care expected in their profession, leading to preventable harm to the patient.

Establishing the Elements of a Medical Malpractice Claim

To pursue a medical malpractice claim, certain elements must be present:

  • Duty of Care: The healthcare provider owed a duty of care to the patient, meaning they had a legal obligation to provide competent and appropriate medical treatment.
  • Breach of Duty: The healthcare provider breached the duty of care by failing to adhere to the standard of care expected in similar circumstances.
  • Causation: The breach of duty directly caused or contributed to the patient’s injury or harm.
  • Damages: The patient suffered damages due to the healthcare provider’s negligence, including physical pain, emotional suffering, medical expenses, lost wages, and other financial losses.

Recognizing Signs of Potential Medical Malpractice

It is important to understand that not all medical errors constitute malpractice. However, certain red flags may indicate potential negligence:

  • Misdiagnosis or Delayed Diagnosis: A failure to accurately diagnose a medical condition or a significant delay in diagnosis can have serious consequences for the patient’s health.
  • Surgical Errors: Mistakes during surgery can include anesthesia errors, wrong-site surgery, or leaving surgical instruments inside the patient’s body. These mistakes are all clear indicators of negligence.
  • Medication Errors: Giving a patient the wrong medication, incorrect dosage, or failure to consider a patient’s allergies or drug interactions can result in serious harm.
  • Birth Injuries: Errors during childbirth, such as improper use of forceps or vacuum extractors, can lead to birth injuries such as cerebral palsy or Erb’s palsy.
  • Failure to Obtain Informed Consent: Patients have the right to be informed about a proposed treatment or procedure’s risks, benefits, and alternatives. Failing to obtain informed consent may constitute medical malpractice.
  • Lack of Follow-up Care: Neglecting to provide appropriate follow-up care after a medical procedure or treatment can exacerbate existing health issues or lead to complications.

Any incident of medical malpractice can have severe consequences for victims. Not only do injured parties deal with significant physical and emotional pain and suffering, but instances of medical malpractice can be extremely costly to overcome. This makes it vital for injured parties to seek representation from a medical malpractice attorney in Long Island immediately.

Seeking Legal Guidance

If you believe you have been a victim of medical malpractice, it is essential to consult with a medical malpractice attorney. A skilled legal advocate can evaluate your case, gather evidence, consult medical experts, and advise you on the best action.

Statute of Limitations

Medical malpractice claims are subject to statutes of limitations, which vary by state. You must act quickly to protect your rights, as failing to file within the specified time frame may bar you from pursuing legal action. In New York, the statute of limitations for medical malpractice claims is two years and six months. Working with a New York injury attorney will ensure your claim is filed on time.

Legal Consultation

During your initial consultation with a medical malpractice attorney in Long Island, be prepared to provide details about your medical treatment, the injuries you’ve suffered, and any relevant medical records or documentation.

Case Evaluation

Your New York injury attorney will thoroughly review your case to determine its strength and viability. They may consult with medical experts to assess the standard of care and causation issues.

Contingency Fee Arrangement

Our medical malpractice attorney in Long Island works on a contingency fee basis, meaning we only collect fees if we successfully recover compensation on your behalf. This arrangement allows individuals with limited financial resources to pursue justice without upfront costs.

Recoverable Damages From a Medical Malpractice Claim

Filing a successful medical malpractice claim enables you to obtain compensation for various damages, including:

  • Medical Expenses: Reimbursement for past and future medical bills related to the malpractice injury, including hospitalization, surgeries, medications, rehabilitation, and therapy.
  • Lost Income: Compensation for wages lost due to the inability to work during recovery or permanent disability caused by the malpractice.
  • Pain and Suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life resulting from the malpractice injury.
  • Punitive Damages: In cases involving egregious misconduct or recklessness, the court may award punitive damages to punish the defendant and deter similar behavior.
  • Wrongful Death: If medical malpractice results in the death of a loved one, your family members may pursue a wrongful death claim for damages such as funeral expenses, loss of financial support, and loss of companionship.

Call Our Medical Malpractice Attorney in Long Island

The Law Office of Joseph J. Perrini, III, has nearly three decades of experience handling complex medical malpractice cases and fighting for victims’ rights. Our dedicated team will work tirelessly to help you understand your rights and secure the compensation you deserve. Contact our New York injury attorney today for a free consultation, and let our legal advocates fight for justice on your behalf.

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