What Constitutes Medical Malpractice in New York?
Every time you visit a healthcare provider, you’re essentially putting your life in someone else’s hands. Even if the visit is a general wellness exam, you’re trusting the physician to identify any minor concerns so you can address them before they turn into major problems.
At the end of the day, though, doctors are human just like the rest of us. Regardless of how high the stakes might be for their patients, they can—and do—make mistakes.
Medicine is far from an exact science, so just because a treatment was unsuccessful doesn’t necessarily mean medical malpractice occurred. But if a healthcare provider’s negligence leads to an injury, illness, or worsening of the patient’s condition, the victim may have grounds for a malpractice claim.
If you or someone in your family underwent a procedure that did not go as planned, contact LoTempio P.C. Law Group to discuss your options. Our personal injury attorneys have helped thousands of clients recover the compensation they needed to pay for healthcare costs, lost income, and other damages. Call 716-855-3761 to schedule a free case evaluation with a medical malpractice lawyer in New York.
Let’s explore a few essential components of a successful medical negligence claim:
1. A Breach of Duty
Doctors, nurses, pharmacists, and other providers must deliver care that is consistent with the most reasonable and widely accepted standards for the given circumstances. A breach of this duty may be considered negligent.
In order to build a winning medical malpractice claim, you must be able to prove how the provider’s negligence was directly responsible for the complications you or your loved one experienced. For example, let’s assume a man fell on an icy sidewalk and hurt his ankle. His doctor diagnoses a sprain, so he continues walking on the injured limb. Two weeks later, his symptoms have not improved, so he seeks a second opinion. The new physician correctly diagnoses the injury as a fracture and administers the appropriate treatment, but since his ankle never heals fully, he is left with limited mobility.
In such a scenario, the man might have grounds for a claim against the initial provider; however, if evidence shows that his injury would have been just as severe had he received immediate treatment, his case would most likely be unsuccessful.
Patients who receive substandard care must be able to demonstrate that they incurred damages as a result. In the state of New York, recoverable damages might include:
- Past and future medical expenses;
- Lost wages and benefits;
- Loss of earning capacity;
- Home care;
- Alternative transportation;
- Vehicle and home modifications;
- Domestic help and/or childcare;
- Pain and suffering;
- Mental anguish;
- Loss of enjoyment of life;
- Scarring and disfigurement; and
- Loss of consortium.
Speak with a Medical Malpractice Lawyer in New York
If you want to sue a negligent healthcare provider or facility, turn to LoTempio P.C. Law Group. Our legal team is proud to help people get their lives back after a serious injury or wrongful death in the family. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.