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Medical malpractice is almost always a risk in various healthcare environments. Your hospital may have been negligent, potentially confusing vital lines during surgery or administering medication. Perhaps the medical device you depended on was defective. Errors might have occurred throughout your surgery or other medical procedures. Of course, we all trust our healthcare professionals with our lives, but when they do fail to deliver, what remains to be done?
Filing for medical malpractice is always an option. And that’s where our Queens medical malpractice lawyers come in. At Hill & Moin LLP, our legal professionals have consistently achieved top results for medical malpractice victims. We also serve other NYC areas including Kings County, Manhattan, and The Bronx. When you choose us, you can be sure that we will guide you through the legal and recovery process with compassion and expertise. Contact us at (212) 668-6000 today! We offer a free case evaluation.
Medical Malpractice – Definition & Examples
Medical malpractice can be defined in simple terms. It occurs when healthcare providers breach the high standard of care, failing to meet the skill and competence expected in similar circumstances. This breach, whether through commission or omission, can lead to severe consequences such as injury or death. Whether it’s an act performed incorrectly or a crucial step overlooked, medical malpractice holds healthcare professionals accountable for harm caused during treatment, management, diagnosis, or aftercare, highlighting the importance of upholding the standard of care.
To make it clearer, here are some of the most common types of medical malpractice in New York City:
- Failure to diagnose or misdiagnosis
- Errors in prescription medication
- Delay or failure to provide medical treatment
- Overtreatment or undertreatment
- Anesthesia-related mistakes
- Surgical or procedural errors
- Unnecessary surgical procedures
- Patient identity mix-ups
- Wrong-body-part surgeries
- Birth injuries during childbirth
- Inadequate informed consent
- Radiology or imaging errors
- Negligent postoperative care
- Nursing errors in patient care
The list can go on. It’s also important to note that medical malpractice and medical negligence are two terms often used interchangeably, but there are subtle differences between them. While both involve deviations from the standard of care expected from healthcare professionals, negligence generally (but not completely) refers to any act or omission that falls below the standard, regardless of whether it causes harm. On the other hand, medical malpractice specifically pertains to instances where such deviations result in harm or injury to the patient. In essence, medical malpractice is a subset of medical negligence, as it requires a breach of duty leading to measurable harm.
The Core Elements of Medical Malpractice
For a medical malpractice claim to be valid, it must meet the following conditions:
Duty of care: This element requires establishing that a healthcare professional owed a duty to provide a standard level of care to the patient. This duty is inherent in the doctor-patient relationship, outlining the responsibility of the medical professional to act in the patient’s best interest.
As an example here, let’s take a case where a dentist removes a patient’s wrong tooth. Obviously, the dentist has the duty to perform the correct procedure, accurately identifying and extracting the right tooth.
Breach of care: A valid claim necessitates demonstrating that the health care provider breached the established duty of care. This breach typically involves the failure to meet the standard of care expected in similar circumstances, indicating negligence or deviation from accepted medical practices.
Going back to our example, the breach of care is clear: the dentist removed the patient’s wrong tooth.
Causation: To succeed in a medical malpractice case, there must be a clear link between the breach of care and the harm suffered by the patient. Causation establishes that the negligent actions directly resulted in the injury or worsened the patient’s condition.
In our example above, causation is also obvious as the removal of the wrong tooth directly links to the dentist’s breach of care. The error in the dental procedure is the direct cause of the harm suffered by the patient.
Damages: Valid claims require evidence of measurable harm or damages suffered by the patient. These damages can include physical injuries, emotional distress, financial losses, or any adverse consequences directly stemming from the healthcare provider’s negligence.
Again, following our example above, the damages in this scenario are the adverse consequences suffered by the patient due to the removal of the wrong tooth. These can include physical pain, potential complications, the need for corrective procedures, and emotional distress.
In essence, a successful medical malpractice claim hinges on proving that a duty of care existed, that this duty was breached, that the breach caused harm, and that measurable damages resulted from the negligence. Each element plays a crucial role in establishing the foundation for a valid legal case.
Comparative Negligence in New York Medical Malpractice Cases
In certain jurisdictions, a plaintiff found partially at fault may still recover damages, provided their negligence is not greater than the defendant’s. To be more specific, a plaintiff’s fault percentage cap is often set at 50% or less. Conversely, other states require the plaintiff to be less negligent than the defendant, usually 49% or less, to seek recovery.
New York, however, adopts a pure comparative negligence rule, one of the current 13 states with this approach. In the state, an injured plaintiff can pursue recovery from a negligent defendant, irrespective of the plaintiff’s assigned fault. Even if the plaintiff is deemed 90% responsible, they can still recover damages from a defendant found 10% at fault. Of course, in this case, their compensation amount will be reduced by 90%.
The comparative negligence rule also applies to medical malpractice as a patient may contribute to their own harm as well. For example, if a patient is aware of their peanut butter allergy but fails to disclose this critical information to a medical facility providing care, their actions could contribute to any adverse consequences that may arise. In such cases, the court may consider both the healthcare provider’s negligence and the patient’s failure to communicate, determining the extent of each party’s responsibility in accordance with the pure comparative negligence principle. This underscores the importance of open and transparent communication between patients and medical professionals or providers to ensure the highest standard of care.
Medical Malpractice Settlements Vs Trials
The decision between medical malpractice settlements and trials presents a critical choice for individuals affected by medical errors. Settlements involve an agreement between the injured party and the at-fault party, resolving the claim without going to trial. In contrast, trials unfold in a legal proceeding before a judge and sometimes a jury, with the outcome determined by them. A recent study indicates that the majority of medical malpractice claims eventually lead to settlements. The decision to pursue a settlement or go to trial hinges on various factors.
Benefits of Settlements:
- Higher Chance of Compensation: While the average compensation for settlements may be lower than trial verdicts, the likelihood of obtaining compensation is higher, especially with strong evidence.
- Quicker Resolution: Settlements offer a faster path to financial recovery, crucial for those facing mounting medical expenses.
- Confidentiality: Settlements often come with confidentiality clauses, safeguarding sensitive information and preserving the reputation of healthcare providers.
Benefits of Trials:
- Higher Damage Awards: Trials may result in significantly higher compensation, especially for extensive damages. The average jury trial award for medical malpractice is notably higher than settlement amounts.
- Clearing Your Name: Trials provide an opportunity to vindicate claims, restore reputations, and hold the responsible party accountable for their actions.
- Accountability: Public trials can prompt changes in healthcare practices, ensuring accountability and preventing similar incidents.
It’s important to outline that compensation in medical malpractice settlements can cover medical expenses, loss of consortium, pain and suffering, loss of income, and punitive damages for egregious conduct. Conversely, in court, the plaintiff must prove liability by a preponderance of the evidence, demonstrating that it is more likely than not that the defendant’s actions or negligence caused the harm. Thorough investigations and compelling evidence are essential in establishing this link.
Ultimately, the choice between settlement and trial depends on the specific circumstances of each case, including the strength of the evidence, the urgency of financial recovery, and the desire for accountability and higher compensation. Consulting with an experienced attorney is crucial in making an informed decision tailored to the individual case. Our Queens medical malpractice lawyers are dedicated professionals with a deep understanding of the complexities surrounding medical malpractice claims. Whether negotiating a settlement or representing you in court, our legal team prioritizes your well-being, both physical and financial.
The Role of Expert Witnesses in Medical Malpractice Trials
To begin with, two categories of expert witnesses may be summoned in a medical malpractice trial: those attesting to the standard of care and those providing insight into the specific negligent actions. Standard of care experts, often medical doctors or medical experts, can testify about the actions a reasonably competent medical provider would have taken in a similar situation. On the other hand, negligence experts focus on the defendant’s healthcare provider’s specific actions (or lack thereof) and assess whether these actions fell below the acceptable standard of care.
The integral role of both types of expert witnesses unfolds during medical malpractice trials. Standard of care experts assist in establishing the correct treatment course, while negligence experts contribute to demonstrating that the defendant’s healthcare provider failed to meet that standard. With the combined testimony of both types of experts, plaintiffs find it more feasible to substantiate their case and seek damages.
When you choose our Queens medical malpractice attorneys, you can be sure that we can handle questioning the opposition’s expert witnesses, as well as secure the required expert witnesses for your case. Our legal team is adept at thorough case preparation, ensuring a comprehensive understanding of the complexities involved in medical malpractice claims. We prioritize your case’s unique needs, combining our expertise with a commitment to securing the best possible outcome for you.
What Are My Chances of Winning a Medical Malpractice Lawsuit?
Winning a medical malpractice lawsuit can be quite challenging. According to a 2009 study, “physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the borderline cases, and even 50% of the trials in cases with strong evidence of medical negligence.” Of course, numbers may have changed over the past decade, but it is common knowledge that physicians tend to be favored by courts, and are more likely to win even when evidence doesn’t lean in their favor.
According to Comptroller.com, there were 23 medical malpractice claims filed against the Queens Hospital Center during the FY 2022. Out of those 23 claims, only 7 were resolved, with a total payout of $2,000,000.
So, while the likelihood of success in medical malpractice lawsuits may seem low, it doesn’t equate to the impossibility of winning a robust case. An experienced medical malpractice attorney possesses the expertise to gather compelling evidence and establish fault for your injuries, facilitating the pursuit of the rightful financial compensation you deserve. A malpractice lawsuit can tilt in your favor, especially when supported by substantial evidence and testimony reinforcing your claim.
Hill & Moin LLP – Your Trusted Queens Medical Malpractice Advocates!
At Hill & Moin LLP, we understand the impact medical errors can have on your life, and we are here to guide you through the legal process with care and expertise. Choosing to pursue a medical malpractice claim may not be an easy decision, but your future well-being most likely depends on it. Our dedicated team of Queens medical malpractice lawyers will ensure you navigate every step, meet deadlines, address your concerns, and manage all legal paperwork.
Our personal injury law firm handles Queens medical malpractice cases on a contingency fee basis. If we’re unable to obtain compensation on your behalf, there is no financial obligation on your part.
Schedule a free consultation today at (212) 668-6000 to learn about your Personal Injury Recovery Solutions®. Don’t wonder about your rights!