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.
Why Choose Our Mount Vernon Medical Malpractice Lawyer?
- We have over 50 years of combined experience representing victims of medical malpractice.
- Clients have recovered millions in compensation with our help.
- We are dedicated to meeting your needs and will always be available to discuss your case.
- We have access to skilled medical experts in every specialty.
Mount Vernon Medical Malpractice Resources & FAQs
- Benefits of Hiring a Mount Vernon Medical Malpractice Lawyer
- Grounds for Medical Malpractice Cases in Mount Vernon
- Proving Medical Malpractice in Mount Vernon
- The Certificate of Merit in Mount Vernon Medical Malpractice Cases
- Types of Damages Available in a Mount Vernon Medical Malpractice Claim
- What is the Statute of Limitations for Medical Malpractice Claims in Mount Vernon?
- How Much Does a Mount Vernon Medical Malpractice Lawyer Cost?
Benefits of Hiring a Mount Vernon Medical Malpractice Lawyer
Medical malpractice claims can be extremely challenging to win. Doctors, hospitals, and other medical professionals have insurance companies and teams of lawyers who will fight vigorously to defend them. Hiring a knowledgeable medical malpractice lawyer to represent you will be crucial to succeeding. They will have an established network of medical experts to consult and the resources to ensure you have the evidence needed to support your claim.
Grounds for Medical Malpractice Cases in Mount Vernon
Malpractice claims are commonly filed in Mount Vernon for injuries resulting from:
Misdiagnosis or delayed diagnosis
When a doctor diagnoses a patient with the wrong condition or fails to diagnose a medical condition, that patient may not receive the treatment and medication they need or can receive unnecessary treatment. As a result, this negligent medical error can lead to injury or death.
Lack of informed consent
By law, patients must be given the information necessary to make an educated and informed choice about their treatment. If a doctor fails to disclose the risks of treatment or takes away a patient’s right to make an informed decision, the healthcare provider can be liable for any harm they cause.
When patients receive the wrong medication, an improper dose, or a defective or dangerous drug, legal action can be taken against a hospital, doctor, nurse, pharmacist, manufacturer, etc. for a medication error resulting in an illness or injury.
When errors are made in testing procedures, improper lab results can cause serious injury or even death to a patient. For example, a lab mistake, such as an incorrect biopsy result, can lead to a misdiagnosis, the wrong course of treatment, or no treatment when needed.
Many medical malpractice injuries occur during surgery—for example, a surgeon may operate on the wrong patient, on the wrong part of the body, or leave surgical instruments behind.
Errors can occur, for instance, when a doctor administers too much or too little anesthesia, delays delivery of anesthesia, fails to prevent or recognize adverse drug reactions, administers the wrong type of anesthesia, fails to properly monitor a patient under anesthesia, and more. The consequences of anesthesia errors can range from confusion or an abnormal pulse to brain damage or death.
Defective medical devices
If a medical device is inserted improperly or defective, a patient can be left in a worse position than before the surgery. Those who have suffered medical complications linked to a faulty medical device or its placement have a right to seek compensation from the device manufacturer or surgeon.
Medical record mistakes
Errors in medical records can lead to medical malpractice, resulting in complications, adverse drug interactions, severe allergic reactions, or the wrong types of treatment. Any of these mistakes can cause the patient to suffer serious injuries or potentially die.
Mothers and babies can both be at risk of injury during pregnancy, labor, delivery, or the post-delivery period. Any mistake by the medical staff or malfunction of defective equipment can cause devastating injuries that may result in disability or even death.
Many hospitals are underfunded, understaffed and have more patients than they can properly treat. Unfortunately, this type of environment leads to medical malpractice.
Medical errors are a leading cause of preventable injuries and death in the U.S., and this list is not exhaustive.
Proving Medical Malpractice in Mount Vernon
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.
The Certificate of Merit in Mount Vernon Medical Malpractice Cases
In Mount Vernon, individuals pursuing a medical malpractice claim must also have their attorneys file a Certificate of Merit with their complaint. A Certificate of Merit is a document certifying that a medical expert has been consulted and agrees that the patient’s claim has merit. The purpose of this requirement is to deter baseless claims against healthcare providers. If you file a medical malpractice lawsuit but fail to submit a Certificate of Merit within the statute of limitations, the case may be dismissed unless you qualify for an extension. If you must file suit because the statute of limitations deadline is close, you have 90 days from the date the defendant (at-fault party) is served to file a Certificate of Merit.
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.
What is the Statute of Limitations for Medical Malpractice Claims in Mount Vernon?
New York has specific periods in which medical malpractice claims must be filed, known as the statute of limitations. The time limitation is as follows:
- Two and a half years, or 30 months, from the date of the injury.
- If there was a series of medical treatments, the 30 months began to run once the final treatment concluded.
- If a foreign object was left in a patient’s body during surgery, a claim “may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.” (Section 214-A(a))
In other cases, the “discovery rule” can also apply, allowing the statute of limitations to begin once a patient discovers a medical malpractice injury or when they should have known of it. However, if you attempt to bring a claim once the statute of limitations has run, a court will likely dismiss your case, and you will be unable to recover any compensation.
How Much Does a Mount Vernon Medical Malpractice Lawyer Cost?
Many medical malpractice lawyers, including Fiedler Deutsch, LLP, handle cases on a contingency fee basis. This means that there are no upfront costs, and you only owe legal fees if you successfully settle your case or receive an award. In addition, if you do not recover compensation, you do not have to pay for your attorney’s services and representation. As a result, there is no risk involved, and many medical malpractice victims in financial distress have access to skilled and experienced representation. In most cases, medical malpractice lawyers will deduct one-third or 33.3% of your awarded compensation. So, for example, if a settlement yields $100,000, your lawyer will keep about $33,000 as their fee for representing you, plus court costs and expenses. However, some lawyers will increase their contingency fee if your case goes to trial.
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.