Mount Vernon Medical Malpractice Lawyer
Medical mistakes are common, but it is medical malpractice when a healthcare provider causes serious harm because they failed to follow proper guidelines or protocols. This can happen with any medical provider for a variety of reasons – whether that be during treatment after a Mount Vernon car accident or in a wrongful diagnosis of your symptoms. If you believe medical negligence is responsible for your injury or illness or a loved one’s, contact Fiedler Deutsch, LLP. We offer free consultations; call (914) 993-0393 or reach us online today.
Grounds for Medical Malpractice Cases in Mount Vernon
Malpractice claims are commonly filed in Mount Vernon for injuries resulting from:
- Misdiagnosis or delayed diagnosis
- Lack of informed consent
- Medication errors
- Improper testing
- Surgical errors
- Anesthesia errors
- Defective medical devices
- Medical record mistakes
- Birth injuries
- Hospital errors
Medical errors are a leading cause of preventable injuries and death in the U.S., and this list is not exhaustive.
Proving Medical Malpractice
When a medical professional makes an honest mistake or you are unhappy with your care, it does not necessarily mean medical malpractice occurred. To prove medical malpractice, you must be able to provide evidence of the following four elements of negligence:
Duty of Care
A doctor-patient relationship existed, which can be relatively easy to prove with medical records.
Breach of Duty of Care
The healthcare provider breached their duty of care. To prove this element requires establishing the appropriate medical “standard of care” under the circumstances and how it was deviated from. In other words, evidence that a similar medical provider would have taken a different course of action in the same situation. Establishing the expected standard of care in your specific case is often the most contested issue and typically requires testimony from a medical expert.
The medical provider’s breach of duty of care directly caused your injury or illness. You must be able to demonstrate that your injury or illness was “more likely than not” caused by the medical provider’s incompetent decision(s) or treatment and would not have occurred otherwise.
The injury or illness you suffered resulted in damages. To have a medical malpractice claim, you must have suffered losses for which you are owed compensation. For example, medical bills, lost income, pain and suffering, etc.
Types of Damages Available in a Medical Malpractice Claim
You may be entitled to the following types of compensation if you have suffered due to medical malpractice:
Compensation to reimburse actual financial losses, such as:
- Past and Current Medical Expenses.
- Anticipated Future Medical Costs: For ongoing care, rehabilitation, live-in care, home modifications, adaptive medical equipment, medications, surgeries, etc.
- Current and Future Lost Wages: For missing work while you recover.
- Diminished Earning Capacity: If you can no longer earn the same level of income as before the injury or illness.
Compensation for subjective losses that do not reflect an exact dollar amount. For example:
- Pain and Suffering: For the physical pain you have endured.
- Emotional Distress: For any psychological conditions caused by the injury or illness you suffered, such as depression, anxiety, insomnia, PTSD, etc.
- Loss of Consortium: Compensation for a spouse who has suffered changes in their relationship due to the illness or injury, such as lost companionship, services, or sexual relations.
- Loss of Quality of Life: If you are unable to participate in activities you used to do before the injury or illness.
If the healthcare provider exhibited extreme recklessness or egregious behavior, the court may also award punitive damages as further punishment.
Contact Us Today
If you or a loved one believes you are a victim of medical malpractice, we can help you hold the wrongful party accountable. Call our Mount Vernon personal injury attorneys at (914) 993-0393 or reach us online to arrange your free consultation today.