Medical providers sometimes make mistakes on the job. Typically, those mistakes are minor and cause no real harm to patients. But errors, whether major or minor, can have serious consequences for patients.
A 2016 Johns Hopkins study found that medical errors kill more than 250,000 Americans each year, making it the third-leading cause of death behind only heart disease and cancer.
Medical malpractice occurs when a healthcare professional provides a treatment that deviates from the acceptable standards of care practiced in the medical community, especially when it causes injury. If a doctor, surgeon, hospital, or another party acts medically negligent, they could be liable for their patients’ damages.
When victims can demonstrate that the negligent act of the healthcare professional was directly responsible for their injury, they may be awarded monetarily with damages (e.g., medical expenses, lost wages, and emotional suffering). If you require an experienced Bronx medical malpractice attorney, then consider having a free consultation with Jesse Minc Personal Injury Law today.
Bronx Medical Malpractice Attorney and the Law
Not every medical mistake results in a medical malpractice case. For example, you will not necessarily be able to sue your doctor because your condition worsens or when your treatment plan is failing. A medical professional needs to have acted negligently for your claim to be valid.
Medical malpractice cases require an act or omission and are treated as a specific subset of tort law that deals with professional negligence. To be eligible for monetary compensation because of injuries caused by medical negligence, the patient must demonstrate that their medical care was below standard and resulted in their injury.
Bronx New York Statute of Limitations
Allegations of medical negligence in the Bronx, NY must be filed promptly according to the statute of limitations. New York’s statute of limitations N.Y. C.P.L.R. § 214-a for medical, dental, or pediatric malpractice is two years and six months from the date of the malpractice or from the end of continuous treatment by the party you plan to sue for alleged negligence.
You and your medical malpractice law firm have 30 months to file a civil suit for monetary damages. Consider having a free consultation today with Jesse Minc, Bronx, NY medical malpractice lawyer to discuss your medical malpractice lawsuit options.
Signs of Medical Malpractice
If you want to prove your medical malpractice case, your Bronx medical malpractice attorneys will need to demonstrate the four Ds of medical malpractice:
- Dereliction in the form of negligence or deviation from the standard of care
- Direct cause
Each of these four elements must be proved to have been present in your medical malpractice case and based on a preponderance of the evidence for malpractice to be found.
To prove a case of medical malpractice, your Bronx medical malpractice lawyer must demonstrate that a healthcare provider had a duty of care to the patient, breached the standard of care, and that breach caused you actual harm.
Types of Medical Negligence Cases
There are many different types of medical negligence, and although they are common, no two New York, NY malpractice claims are ever the same. Medicine is a complex practice, and the tiniest errors could have life-shattering effects on patients.
Malpractice in the Bronx can take place in any medical situation. Medical negligence is so dangerous because it could happen during cosmetic surgery, a dental visit, an emergency, a regular health check-up, or during a high-risk surgical procedure.
If you’re concerned over whether or not you have a valid medical negligence claim, consider sitting down with a professional personal injury lawyer for a free consultation and discussing your rights. Below are some of the more common types of medical malpractice in New York City:
Delayed and Misdiagnosis
Properly diagnosing patients is one of the critical pillars to providing healthcare. Diagnosing patients is one of the first things medical facilities do and one of the simplest ways to prevent a medical error. However, sometimes a mistake or a failure to diagnose can occur in cases where symptoms may be delayed or difficult to determine.
A delayed diagnosis can occur if another doctor would have reasonably diagnosed the same condition in a timely fashion. Delays in diagnosis to untreated injuries can lead to worsening injuries when they are allowed to progress.
Surgical procedures are inherently risky. Malpractice during surgery could result in more surgeries, infection and sepsis, internal organ damage, immune system failure, and wrongful death. Surgical procedures require an enormous level of skill, and even the slightest mistakes can have profound effects on the patient.
Cutting, lacerating, or perforating an artery, organ or vessel are some of the most dangerous risks in any surgical procedure. Surgeons can make potentially fatal mistakes during an operation leading to wrongful death or internal bleeding and organ damage.
Wrong Site Surgeries
New York hospitals and Bronx, NY medical facilities have thousands of people going through their doors each day, so mistakes will happen. Wrong-site surgery is a type of surgical error that typically involves miscommunication, human error, and errors in the hospital documentation, leading to a surgeon operating on the wrong organ or external appendage.
In some of the worst cases of wrong-site surgeries, patients could lose one or both limbs. If you’ve been involved in a wrong-site surgery, then you may want to speak with an experienced Bronx medical malpractice attorney about your medical malpractice claim.
Foreign Objects Inside A Patient
Sometimes a patient may begin suffering from symptoms of infection or sepsis after a surgical procedure, and one of the possible causes could be a foreign object inadvertently left in their body by the surgeon.
Foreign objects, most likely, gauze or soft medical wrapping or absorbent materials, may be accidentally left in the body leading to an infection. These objects could go unnoticed for weeks before their effects take hold. These types of medical malpractice can require further surgery, and in the worst cases, a patient may die from septic shock.
Unnecessary Surgical Injuries
Recommending unnecessary surgery is not an act of medical malpractice. However, there are always serious risks in any surgical procedure and if an injury could have been avoided by not having had the surgical procedure, then the decision to order could be found as negligence.
If so, your healthcare professional could be found liable for any damages resulting from the surgical procedure. If you’re unsure whether or not your medical professional acted negligently, speak with the Bronx medical malpractice attorneys at Jesse Minc Personal Injury law. Medical malpractice attorneys could help you retrieve damages through a medical malpractice lawsuit.
Anesthesia is an inherently risky part of any major medical operation. Before a medical procedure, an anesthesiologist should review the patient’s medical record, history, prior medications, allergies, and time requirements of the operation to determine the best treatment.
Anesthesia malpractice could happen during the pre-operation medical review or during the procedure itself. If the anesthesiologist fails to review all the patient’s medical records and administer drugs to which the patient is allergic, this could lead to injury or death.
Even if the pre-op work is done correctly, negligence can still occur if the anesthesiologist fails to monitor the patient and react on time. Logistical problems like a lack of available oxygen can also lead to anesthesia errors when these types of situations are not anticipated during the operation.
Childbirth Trauma and Labor Malpractice
Childbirth can be an especially difficult event if not handled appropriately by your New York medical team. Medical negligence during childbirth can take place in several ways, including failure to perform a c-section, mishandling of birth complications or complications with induced labor, misdiagnosis of a newborn’s medical condition, or failure to accurately monitor fetal vital signs.
Often, the baby can show signs of fetal distress such as a lack of oxygen to the brain and reduced heartbeat, and a c-section should be administered immediately to prevent injury to the fetal brain. If the New York NY medical staff handling your delivery fails to perform a c-section in time, that decision could lead to permanent brain damage for your infant.
During difficult births, the medical staff may have to use methods for forcing the extraction of the child. Improper or negligent handling of the extraction process may cause permanent injuries or nerve damage to your baby.
Negligent Long-term Care
Medical negligence can manifest subtly throughout a long-term treatment plan. Negligence may occur during a failure to follow up with treatment or when your treatment provider fails to properly monitor the effects of your treatment.
If a doctor orders treatment and then fails to regularly follow up with the patient, this could be a form of medical malpractice. If the treatment your New York medical provider gives causes side effects or other damages, the doctor can be held liable.
Your New York, NY doctor also has to be aware of the effects of the treatments they administer.
When the doctor fails to monitor the patient’s progress properly, this negligent medical practice may lead to further injuries or even death.
Bronx Medical Malpractice Lawyer
Bronx medical malpractice lawyers can review your medical malpractice case, conduct an investigation into the facts, and inform you of your claim’s validity and the likelihood of its success. The Bronx medical malpractice lawyers at Jesse Minc Personal Injury law can also help gather evidence to prove your case and estimate the overall value of your damages.