Medical Malpractice New York

We inherently trust doctors and medical personnel to have our best interests at heart. That is why it is so disappointing when your doctor does not fulfill his obligation to practice safe medicine.

What is Medical Malpractice? Medical Malpractice is when you have suffered injuries due to medical treatment that you have received from a doctor or other medical personnel. We put our trust in medical professionals and when they fail us it can be heartbreaking. Suffering personal injury due to medical negligence may rile up such frustration that we might want it to end up in court. However, the reality is that you really need a lot of solid evidence if you want to make it worth your while. Legal expenses can be very costly and you may walk away with less cash in your pocket if you don’t have sufficient evidence.

Examples medical malpractice cases

In November 2007, there was a case where two newborn twins were given medication at the wrong dosage – by 1000 times! They have received adult dosages instead of dosages for newborns. They were at serious risk of bleeding since the medication had a blood thinning effect. The parents were told that the babies were fine; meanwhile, the doctors were scrambling to fix the mistake. When the parents arrived at the hospital the next day, they were greeted by the risk management personnel or lawyers, only to be told that their children were in critical condition. Fortunately, the twins fully recovered after 11 days in ICU. The family was awarded $1,000 000 in their Medical Malpractice lawsuit.

In one famous example, the singer/actress Julie Andrews suffered from some minor nodules in her throat. Her doctors told her that a simple operation and 6 weeks of rest will cure the problem. However, after the operation, her vocal cords were damaged beyond repair and she was unable to sing. Her medical malpractice suit was settled in a New York court.

Brain surgery at the best of times can be highly dangerous and neurosurgeons have to take extra care that they do everything according to the books. The results of negligent brain surgery are simply too severe and doctors cannot afford to make mistakes. In 2007 in Rhode Island, surgeons started to operate on the wrong side of the brain – not once, not twice, but three times! In two of the cases, they were able to correct their mistakes. The third patient, unfortunately, passed away three weeks after the surgery. The doctor in question had his license suspended for a month after the case.

How to go about a medical malpractice case

Reading about such cases can make one angry, but the fact is that doctors often work long hours and can be tired, which makes them more likely to make a mistake. Sometimes you have to give them some grace and sometimes you need to stand up and fight. That’s why the first step in dealing with Medical Malpractice is to talk to your doctor to see what can be done.

Talk to your doctor

The first thing that you need to do is to talk to you doctor to see if there is something else that he can do to remedy the situation. If he’s willing to fix what he’s done wrong, hopefully without charging you extra, there might not be a need to file a case against him, unless the costs of the effect of the malpractice were significant. If at all possible, try to foster your relationship with your doctor by allowing him to fix what is wrong and then letting sleeping dogs lie.

Collect Evidence

The thing about Medical Malpractice trials is that the evidence is often very technical from a medical perspective. Firstly you have to prove unequivocally that the doctor did something wrong. So you will have to have accurate information on how the procedure was supposed to be done vs. what actually happened. The doctor’s actions will have to be compared to what one of his peers would have done in a similar situation. You will need a medical practitioner as an expert witness and specifically, one practicing in the same field as the doctor that you are suing. An expert Medical Malpractice attorney will be able to guide you to find an independent expert witness.

You must also prove that the damages that you suffered are a direct result of the doctor’s negligence. It’s not sufficient to prove that the doctor did something wrong and that you have not healed. You have to prove that what the doctor did wrong caused injury. Again, you would have to have an expert medical witness on the stand.

You also have to prove that a doctor-patient relationship existed at the time of the procedure because this means that the doctor had a legal duty to treat you correctly. If another doctor gave advice and this advice caused your personal injury, it’s possible that you will not be able to sue the doctor who gave the wrong advice.

Talk to a medical malpractice lawyer

If you think that your doctor was indeed negligent and you have obtained the evidence from another medical professional, you can go to a qualified personal injury lawyer to evaluate your case. Remember that you only have two and a half years in New York to file a personal injury complaint due to Medical Malpractice and that the clock starts ticking from the moment that you have suffered the injury. It’s best to talk to a specialized lawyer as soon as possible. At Linden Law, we have expert Medical Malpractice lawyers who will assist you in evaluating your case and in collecting all the evidence that you will need to prove your case. If you have suffered an injury due to Medical Malpractice, call on Linden Law for advice from an experienced and committed Medical Malpractice attorney.

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