The term “medical malpractice” refers to any negligent act committed by a medical professional. You might assume that medical malpractice only involves doctors, but careless pharmacists, nurses, and physicians can be held liable for patient injuries, illnesses, and deaths too.
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Negligence and Medical Malpractice– Patient Falls in Hospital
Read More ResultsIf you or a loved one suffered at the hands of a careless doctor, it is important that you act quickly; the state of New York places a two and a half year statute of limitations on medical malpractice claims. In other words, you have less than three years to take action after your accident., Do not wait to contact a medical malpractice lawyer from our firm to take legal action.
Standards of Care & Hospital Negligence
Sometimes, a doctor can be charged with gross negligence if you can prove that he or she should have been able to perform the procedure or administer the medication correctly under normal circumstances. Doctors are not the only medical personnel that can be sued for a malpractice claim. As well, patients who were injured or harmed as a result of a medical procedure have the right to seek compensation from any nurse, technician, dentist, pharmacologist, staff member, hospital worker, anesthesiologist, specialist, surgeon, or caretaker that did not do his or her duty when working with you.
According to studies in The New England Journal of Medicine, obstetrician-gynecologists are defendants in approximately 19% of all medical malpractice cases and general surgeons are cited in 17% of all cases. As well, primary care physicians are cited in about 16% of all cases. Whenever you are wronged by a medical staff person or a physician, then a qualified lawyer can assist in determining who would be the most appropriate party against whom to file suit, or if it would be a corporation. In any case, you deserve compensation for further medical treatment now required, lost income and pain & suffering.
Types of Medical Malpractice Claims
Medical malpractice may occur in many forms. While some cases include a shocking mistake in surgery, or an item left in the body cavity, other forms of malpractice are much harder to detect. In fact, you may not even know that you are a victim of medical malpractice until months after you have been overdosing on medication or have been dealing with a painful recovery.
Sadly, many cases go unnoticed or unreported, which means that doctors get away with their offenses. The U.S. Department of Health and Human Services claims that only 14% of all medical malpractice cases are reported. Typically, a patient waits about 16.5 months before filing a lawsuit according to a study completed by The Department of Justice. Once a lawsuit is filed, it takes an average of 27.5 months for the courts to reach a resolution. During this time, patients need to wait and gather all evidence necessary to prove that they have been wronged.
There are many different reasons that people file medical malpractice cases, including the reasons listed below.
- Failure to Diagnose – This occurs when doctor refuses to diagnose a potential illness and therefore allows the sickness to progress to a harsher or more dangerous stage before it is properly detected and treated. The Journal of the American Medical Association says that about 46% of all medical malpractice claims have to do with a failure to diagnose or a misdiagnosis.
- Misdiagnosis – Misdiagnosis is an offense that happens when a medical professional diagnoses a disease, illness, or condition wrongfully, which leads to incorrect treatments and medications.
- Medication Errors – Medical professionals often recommend an incorrect dosage regarding medication, administer the wrong medications, mix two medications that should not come into contact with one another, or make other harmful choices regarding both pharmaceutical drugs and in-hospital treatments.
- Childbirth Errors – During delivery doctors are responsible to care for both the mother and the infant and attend to their needs. When a doctor, nurse, or worker fails to do this it can cause severe complications like Brachial Plexus birth injuries and may even result in death for the mother or baby.
- Surgical Errors – If a doctor is distracted in surgery, makes faulty incisions, operates on the incorrect area of the body, or leaves a sponge, tool, or foreign object in the body cavity this is considered a surgical error. About 34% of all claims have to do with a surgical mistake.
Importance of Experienced Representation
As listed before, claims are rarely reported. This is typically because patients are nervous to go up against the hospitals and don’t think that they have any hope of winning a case. Even if a patient does decide to litigate, he or she typically waits over a year to finally file the claim and then has to wait over two years to see the case completed. A study by U.S. Bureau of Justice Statistics states that 93% of all cases are resolved before trial, which means that only 7% of all cases end in a jury verdict.
Still, it is essential to have a New York medical malpractice lawyer on your side regardless of whether or not you will be taken to trial for your medical negligence case. The Journal of the American Medical Association claims that inpatient setting medical malpractice claims typically bring in an average of $363,000 in compensation and healthcare mistakes in outpatient settings bring in an average of $290,000 in medical malpractice claims,. Plaintiffs prevail in an average of 21% of all trial verdicts according to the New England Journal of Medicine, but they achieve a settlement in about 61% of all settlement-based cases.
Medical Malpractice Lawyer
At Hecht Kleeger & Damashek, P.C., we feel strongly about protecting patient rights and seeing that standards of care are upheld. Unlike other states, New York places no cap on the amount of damages recoverable in a case. You may be offered a settlement so that those at risk can close the matter quickly before being pursued for a fair settlement amount.
It is always wise, however, to consult with a medical malpractice lawyer first. The Insurance Research Council has found that claimants represented by lawyers typically receive damages 3.5 times higher than individuals without legal representation. Don’t hesitate to take advantage of the professional and hardworking lawyers at this firm today to get the representation you need in your claim!
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05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
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05/01/2015
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06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
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07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
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07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
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07/05/2015
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07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
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07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
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07/05/2015
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