Medical malpractice is a major problem. According to a study from Johns Hopkins University, medical errors now account for a third of all deaths in the United States. Everything from poor sanitation practices to negligent behaviors during surgeries can produce significant harm and personal injuries.
If you or a loved one were hurt or injured due to an act of medical malpractice, a Long Island medical malpractice lawyer from Gacovino, Lake & Associates, P.C. will stand up for justice on your behalf after an act of medical malpractice. To talk to someone from our office in a free case review, pick up the phone and call us today at (631) 600-0000.
Common Forms of Medical Malpractice
Medical malpractice takes on many forms. Most people assume that medical malpractice is always obvious. While there are some obvious forms of medical malpractice, such as errors made during intensive surgeries and operations, other forms may be harder to detect. For example, if a hospital or other medical facility fails to inform its employees of changes to an operating or safety procedure, their employees may cause harm to a patient. However, liability may fall to the medical facility for its failure to train its workforce.
These overlapping issues often introduce several layers of complexity into cases involving medical malpractice. If you experience an act of medical malpractice, you are likely to deal with physical injury and health complications of some sort. When you try to navigate the legal details that follow such an incident on your own, it is easy to overwhelm yourself. By contacting a lawyer who handles medical malpractice, you give yourself the time you need to heal.
Some other common forms of medical malpractice include the following:
- Improper diagnosis of medical conditions, or a failure to diagnose and treat a condition
- Errors during anesthesia
- Malfunctioning or faulty medical equipment
- Poor sanitation practices by nurses, doctors, and medical staff
- The administering of incorrect dosages or prescription medications
- Unsafe practices during labor that cause injury or health conditions for an infant or a mother
- Performing the wrong medical procedure
- Medical professionals working while intoxicated or impaired
As you can see, there are many possible forms of medical malpractice. Even if you may be oblivious to the details about filing a medical malpractice claim, it does not hurt to ask questions if you suspect an act of medical malpractice. A lawyer who handles medical malpractice will work to answer your questions, establish liable parties, and pursue any compensation to which you may be entitled to receive.
Filing a Claim for Medical Malpractice
Medical malpractice claims can get complex quickly. A detailed web of federal, state, and local laws may all apply depending on the specifics of the situation. As Clinical Orthopaedics and Related Research states, you must show that your doctor acted negligently and caused you further harm.
In such cases, four legal elements must be proven. These four legal elements include:
- A professional duty owed to the patient
- Breach of such duty
- Injury caused by the breach
- Resulting damages
If you or a loved one were the victims of medical malpractice, it may be difficult to act. The psychological and physical damage caused by medical malpractice poses some significant challenges. A Long Island medical malpractice lawyer from Gacovino, Lake & Associates, P.C. will stand by your side and represent your legal interests so you can place your attention on returning to your life as soon as possible. Contact a member of our team by calling our office today at (631) 600-0000.
Pursuing Compensation and Recoverable Damages
Lawyers often work with liable parties to negotiate a settlement after a medical malpractice incident. Legal teams will gather evidence, including photographs and videos, medical records, and expert witness testimonies. In fact, you may have to obtain a certificate of merit, per New York Civil Practice Law & Rules (CPLR) §3012-A, stating you have a valid claim. Throughout this process, lawyers may also seek to conduct interviews with other parties related to the incident.
Many cases of medical malpractice create a need for further medical attention. While this may seem ironic, many acts of medical malpractice leave victims even worse off than they were before. A victim may be stuck in a hospital much longer than they want to be. As you can imagine, medical bills from these situations often pile up. A medical malpractice lawyer will work to pursue possible compensation to cover the costs of medical bills, including:
- Hospital stays
- Therapy programs
- Prescription medications
- Rehabilitation programs
- Tests and surgeries
- Lost wages
- Reduced earning capacity
- Pain and suffering
As New York Civil Practice Laws & Rules (CPLR) §214-A shows, you generally have two years and six months to act after medical malpractice takes place. Some people may drag their feet on acting due to the stress of the situation. Others may simply be ignorant about the statute of limitations in New York. Remember that when you act to contact a legal team after an incident, you give them time to begin their work of obtaining evidence, establishing liable parties, and pursuing any forms of compensation that you may be owed.
Contact a Medical Malpractice Lawyer Today
Medical malpractice is a source of immense physical pain and psychological trauma for people. When you are dealing with an act of medical malpractice, a lawyer will stand up for justice on your behalf. A Long Island medical malpractice lawyer from Gacovino, Lake & Associates, P.C. will negotiate with all involved parties. If we do not settle, we will stand up to defend you if your case goes to trial. Contact us today at (631) 600-0000 for a free case consultation.