Medical malpractice happens more often then we think
“First do no harm.” That’s part of the oath that doctors take. Most healthcare providers take that oath and your trust in them very seriously. Even so, no one is perfect. Mistakes occur in hospitals, medical offices, labs, and clinics. Medical malpractice is when a medical error is due to a healthcare provider’s negligence. Some of the most common medical malpractice cases involve:
- Lasik vision correction surgery
- Improper delivery of a baby and birth injuries
- Erb’s palsy and other brachial palsies
- Failure to properly diagnose cancer
- Brain damage
- Surgical error
To bring a medical malpractice claim, you must prove that the healthcare provider failed to care for you according to accepted medical standards. You must also prove that as a result of the medical malpractice, your condition has gotten worse.
An experienced malpractice attorney can help you prove medical negligence
You should consult an attorney if you have serious injuries from these mistakes by healthcare providers:
- Misreading or ignoring laboratory results
- Misdiagnoses or failure to recognize symptoms
- Surgical errors such as unnecessary surgery, procedure errors or surgery on the wrong site
- Improper treatment, such as not ordering appropriate tests, poor follow up and aftercare, etc.
- Injury to the mother or child during birth
- Premature discharge from the hospital or rehab facility
- Disregarding or not taking the appropriate patient history
- Prescription dosage and other medication errors
- Failure to properly monitor
- Hospital, urgent care, clinic or other medical facility errors
- Not informing or misinforming about health risks of a procedure or medication
Gathering the documentation needed to prove you have a medical malpractice case can be difficult and time-consuming. Since the statute of limitations is relatively short on medical malpractice cases (30 months), it’s important to contact an experienced medical malpractice lawyer as soon as possible after the medical malpractice occurs.
Collecting damages for medical malpractice
If you are a victim of medical malpractice you may entitled to compensation for your injuries. First, you have to prove that the healthcare provider was negligent according to the criteria defined by New York law. Under New York law, you must prove that the healthcare provider violated the accepted standard of medical care. Then you must prove that you were injured due to that violation and that the injury was significant and/or made worse due to the negligence. If your case meets the legal criteria, your medical malpractice attorney can help you file a medical malpractice claim in court. If you win your case, the court can award you monetary damages.
Get a free consultation with a Bronx medical malpractice attorney
If you think you may be a victim of medical malpractice, Bronx attorney Evan W. Kohn can help you take action and fight for the damages you deserve. To schedule a free consultation, contact The Law Offices of Evan W. Kohn online or call 718-409-5500. Evan W. Kohn is a compassionate, aggressive, and experienced medical malpractice lawyer in the Bronx. During your consultation, he can give you direction on how to proceed with your case and answer any questions you may have.