Imagine putting your trust in a medical professional only to have that trust shattered by negligence or improper care. Unfortunately, medical malpractice is an all-too-common occurrence in the United States, including right here in the Bronx.
When healthcare providers fail to meet accepted standards of care, innocent patients can suffer devastating consequences. But when you pursue justice for medical malpractice victims, you can contribute to a safer healthcare system for everyone.
Don’t let powerful institutions and insurance companies intimidate or silence you. Instead, get the support you need from experienced New York medical malpractice attorneys who are committed to achieving justice. When Hill & Moin LLP takes on medical malpractice cases, we aim to hold negligent healthcare professionals accountable for their actions.
What is Medical Malpractice?
Medical malpractice is a term that refers to the negligence or incompetence of a healthcare provider. It also entails when medical professionals administer substandard treatment that results in harm or injury to patients.
Medical malpractice is a serious issue that affects countless victims across the United States. Many of us willingly place our trust in medical professionals to provide us with quality healthcare. Unfortunately, mistakes can and do happen. However, unlike other types of mistakes in daily life, medical errors can be life-altering or even life-threatening.
When medical providers fail to meet the accepted standards of care, their careless actions or omissions can lead to adverse outcomes for their patients. The prevalence of medical malpractice in the country is alarming, highlighting the need for victims to seek justice.
In order for an act to be considered medical malpractice, these elements must be present:
- A doctor-patient relationship was established
- The healthcare professional being held responsible had a duty of care towards the patient
- The healthcare provider’s negligence breached this duty of care
- As a direct consequence of this breach, harm or injury was caused to the patient
The Prevalence of Medical Malpractice in the United States
According to some studies, medical errors are one of the leading causes of death in the United States. This includes misdiagnosis, medication errors, surgical mistakes, and more. These errors not only result in physical harm but can also cause emotional distress and weighty financial burdens.
Not all instances of medical negligence lead to legal action. However, it is crucial for victims and their loved ones to recognize when they have a viable medical malpractice claim. Seeking legal help from an experienced attorney knowledgeable in this area of law is essential.
The prevalence of medical malpractice cases serves as a reminder, showing why pursuing justice for victims is so crucial.
Why is it good for malpractice victims to take action against negligent professionals or institutions? There may be little incentive for them to change or improve their practices or standards of care if they are not held responsible. By pursuing justice through legal means, though, victims send a message that such negligence will not go unnoticed or unpunished.
Common Types of Medical Malpractice
Medical malpractice can manifest in various forms, such as:
- Foreign objects left behind during surgery and other surgical errors
- Anesthesia malpractice
- Traumatic brain injury (TBI)
- Delay and failure to accurately diagnose
- Health aide medical negligence
- Hospital and nursing home falls
- Organ perforation during medical procedures
- Infection management failures
- Wrongful death due to medical negligence
- Ophthalmology malpractice
- Pediatric malpractice
- Medication errors
- Administration of incorrect dosages
- Failure to monitor potential medication interactions
Birth injuries are yet another example of medical malpractice cases that occur during labor and delivery. These injuries may be caused by negligent actions such as improper use of forceps or vacuum extractors.
Other causes are:
- Failure to monitor fetal distress signs
- Fetal oxygen deprivation during birth
- Delays in performing necessary emergency C-sections
Steps to Take If You or a Loved One Is a Victim of Medical Malpractice
If you suspect that a loved one has been a victim of medical malpractice, you should take immediate action. Here are some steps you can take to protect your rights and seek justice.
Document everything
Start by gathering all relevant documentation, including:
- Medical records
- Test results
- Medical bills
- Photographs of injuries (if applicable)
- Correspondence between you and the healthcare professional
- Any other documentation related to the treatment or procedure
These documents can serve as valuable evidence for your medical malpractice claim.
Consult another healthcare professional
Get a second opinion from a different healthcare provider. This can help determine whether there were any errors or negligence in the initial treatment. Their professional analysis can thus strengthen your case.
Seek legal advice
Contact a medical malpractice attorney with a history of success in handling malpractice suits. He or she can guide you through the legal process and assess the viability of your medical malpractice claim.
Maintain open communication
Stay informed about your or your loved one’s condition. You can do this by maintaining regular communication with the treating physician. If there are other specialists involved in the care plan, request regular updates from them as well. Ask about any potential complications or errors that may have occurred.
Keep track of expenses
Keep a record of all expenses related to your or your loved one’s treatment, including medical bills, lost wages, and any other costs incurred as a result of the malpractice.
Do not speak to insurance companies
Avoid speaking to the insurance companies or signing any documents without consulting your lawyer first. Insurance companies may try to pressure you into settling for less than what you deserve, but your attorney can counteract their efforts.
Take care of yourself and your loved one
Dealing with a potential case of medical malpractice can be emotionally and physically draining. Make sure to take care of yourself and your loved one throughout the process by seeking support from friends and family, practicing self-care, and prioritizing your emotional and physical well-being.
Medical malpractice cases can take time, so it is important to be patient and trust the legal process. And you can when you trust the lawyer handling your case, so do not delay in taking action!
Consult a reputable medical malpractice attorney as soon as possible to learn your next steps. Medical malpractice cases are subject to strict filing deadlines (each one a specific “statute of limitations”). By acting promptly, you increase your chances of receiving justice before the statute of limitations runs out.
How to Find a Reliable and Experienced Medical Malpractice Lawyer in the Bronx
When it comes to medical malpractice cases in the Bronx, finding the right attorney is crucial. You need someone who understands the complexities of these types of cases.
The lawyer you choose needs to have a history of success in fighting for justice on behalf of medical malpractice victims. But with so many personal injury lawyers out there, how do you know where to start?
Look for a lawyer experienced in medical malpractice law
Handling this area of law requires an in-depth understanding of medical procedures and terminology. An attorney with experience in handling personal injury claims will be better equipped to navigate your case.
Consider the law firm’s track record in handling medical malpractice
Look for an attorney who has successfully handled medical malpractice cases before and obtained favorable outcomes for clients.
Find a compassionate Bronx medical malpractice lawyer
Medical malpractice cases can be emotionally challenging, so retaining a lawyer who genuinely cares about your well-being can make all the difference.
Seek out attorneys who offer free consultations
This initial meeting allows you to discuss your case without any financial commitment or obligation. It is an opportunity to assess whether you feel comfortable working with the law firm in question. Make sure your potential legal team has a clear understanding of your situation.
Consider reviews and testimonials from past clients
Testimonials from others can provide insight into a lawyer’s professionalism. It also sheds light on his or her communication skills and overall client satisfaction.
Finding the right attorney is essential for pursuing justice in your medical malpractice case. Take the time to research different options thoroughly before making a decision. Doing so could significantly impact the outcome of your claim.
The Legal Process of Pursuing a Medical Malpractice Claim
Seeking legal help is crucial when it comes to medical malpractice cases. Doing so ensures that you have someone on your side who understands the intricacies of medical malpractice law.
The right personal injury attorney will fight tirelessly to protect your best interests. Here is what you can expect.
Assessing your case
An experienced medical malpractice attorney can assess your situation and determine whether you have a viable claim. If so, he or she will guide you through each step of the process.
Gathering and reviewing evidence
Your attorney will then review evidence that supports your case. This may include obtaining medical records and any documentation you gathered. He or she may also conduct interviews with witnesses or medical experts.
Filing a formal complaint
Next, your injury attorney will file a complaint against the healthcare provider or institution. This initiates the legal proceedings. From there, both parties engage in “discovery” – exchanging information related to the case. This includes depositions of witnesses and experts involved in your treatment or diagnosis.
Entering negotiations
Once the discovery phase is complete, negotiations may take place between your attorney and the defense counsel. The goal is to reach a settlement agreement without going to trial. If no agreement is reached, mediation or arbitration may be suggested.
Taking your medical malpractice lawsuit to court
What if a settlement cannot be reached during negotiations or alternative dispute resolution? You may consider filing a medical malpractice lawsuit.
When your case goes to court, a judge and/or jury will render a decision on whether the defendants were liable for the harm inflicted on the injured victim.
The court’s decision will weigh on the evidence presented and witness testimony given. Thus, it’s ideal to have an experienced medical malpractice lawyer building a strong case for you.
Recoverable Damages for Victims of Medical Negligence
Medical malpractice can result in lifelong injuries and suffering. Thus, for victims, pursuing justice means seeking to recover compensation for the physical, emotional, and financial damages they have endured. Recoverable damages in medical malpractice cases may include economic and non-economic damages.
Economic damages
Economic damages aim to compensate victims for tangible financial losses incurred due to medical negligence.
Economic damages may cover:
- Medical expenses
- Ongoing treatment costs
- Rehabilitation expenses
- Lost wages or earning capacity
- Other related financial burdens
Non-economic damages
On the other hand, non-economic damages account for intangible losses that cannot be easily quantified. In New York, these are not usually awarded in wrongful death cases.
Restitution for non-economic damages may encompass:
- Pain and suffering endured by the victim
- Psychological injuries caused by the incident
- Loss of enjoyment of life
- Disfigurement and disability
What if a healthcare professional’s actions were deemed particularly reckless or if intentional misconduct was involved? In such a case, punitive damages might also be awarded.
However, punitive damages are not commonly granted. Before these are awarded, evidence showing gross negligence on behalf of the defendant is usually required.
Fighting Against Powerful Institutions Requires the Help of a Lawyer
Fighting against powerful institutions requires the guidance of an experienced personal injury lawyer. When it comes to pursuing justice for victims, taking on imposing healthcare providers can be daunting.
These institutions, often large entities, may have extensive resources and legal teams at their disposal. As such, they make it challenging for individual victims to navigate the complex legal process alone.
By hiring the right injury attorney, though, you can level the playing field when going up against powerful institutions. You can feel confident knowing that someone who cares about your best interests is fighting tirelessly for you.
Talk to a Bronx, New York Medical Malpractice Lawyer Near Me
The attorneys at Hill & Moin LLP understand the complexities of medical malpractice claims. What’s more, we are committed to protecting the rights and best interests of our clients, who have sometimes called members of our team “the lawyer in the family.”
This is because we care. When Hill & Moin serves as your legal representation, you can trust that we will stand by you every step of the way. From gathering evidence to building a strong case, our Bronx medical malpractice lawyers will be passionate about fighting for your voice to be heard.
When you hire the law firm of Hill & Moin LLP as your legal advocate, you are not only seeking justice for yourself. You, in effect, are speaking out against negligence and demand accountability from healthcare providers.
In this way, you also make an important statement to the healthcare system about patient safety: Patient care must be their priority. Patient neglect can not be tolerated.
Are you or a loved one a victim of medical malpractice in the Bronx or surrounding NY areas? If so, contact Hill & Moin LLP to discuss your Personal Injury Recovery SolutionsⓇ. Schedule a free initial consultation by calling (212) 668-6000 or filling out our online contact form.
Don’t wonder about your rights!