I’m a Victim of Medical Malpractice: What Can I Do?
I think I was a Victim of Medical Malpractice, What do I do?
Mistakes and missteps in medical care may take shape as diagnostic blunders, inaccurate treatment of a condition or disease, incompetence or carelessness in continuing health management, or neglectful attention in aftercare. When a patient suffers an injury due to an error on the part of a hospital, doctor, nurse, physical therapist, mental healthcare professional, assisted living facility, or other licensed healthcare providers, this negligence is classified as medical malpractice.
Just because you – the patient – are dissatisfied with the outcome of their treatment, however, it does not mean that medical malpractice has occurred. There are specific questions to be answered when establishing a medical malpractice claim. For instance, was there a professional medical relationship expectation that existed between you and the offending party(s) that was breached? Did the doctor or facility fail to provide appropriate and acceptable medical care to you? Is there sufficient evidence to support that malpractice was committed as a result of their neglect or gross incompetence? Is there any corroborating testimony or proof that will affirm in court that malpractice was committed and a substantial factor in causing your injuries?
Do You Have A Medical Malpractice Case?
Are you considering a medical malpractice lawsuit due to a doctor:
- Failing to diagnose serious illnesses or conditions (including cancer)?
- Making errors or omissions in record keeping?
- Misdiagnosing and/or failing to order proper testing?
- Making a mistake made during a surgical procedure?
- Misreading diagnostic imagery including x-rays, MRI/CT scans, mammograms, PAP smears, etc.?
- Misappropriating or outright errors in dispensing prescriptions?
- Premature discharging of patients in their care?
If you or a loved one have experienced any of these events, you may wish to consult a medical malpractice attorney with the Law Offices of Stuart M. Kerner, P.C.
We understand that in order to establish liability in a medical malpractice case, it is imperative to prove:
- The health care provider, doctor, or other licensed medical care provider deviated from the usual and customary standard of care, and thereby failed to exercise that degree of care, skill, and learning expected of a reasonable, prudent healthcare provider in the profession or class to which he belongs within the state of New York acting in the same or similar circumstances.
- The health care provider’s deviation from the standard of care directly resulted in failure and was a direct cause of the injury.
Proving this on your own can be complex, difficult, time consuming, and expensive. Doctors, hospitals, and other healthcare facilities have large insurance companies who specialize in deflecting and annihilating malpractice suits. Having proper legal representation is your only recourse to ensure that your case is comprehensively established and defended against them.
The types of damages you may seek reimbursement for might include:
- Medical bills
- Prescription fees
- Nursing costs
- Physical therapy costs
- Wages lost from an inability to work
- Pain and suffering
- Loss of enjoyment of life
- Future medical costs and loss of future wages
In the event of proving beyond a shadow of a doubt that the medical provider’s behavior demonstrated “such wanton dishonesty as to imply a criminal indifference to civil obligations”, punitive damages (compensation paid to you intended to punish the offending provider) may also be awarded. This would result from the court finding their wrongdoing to be intentional, reckless, depraved, or immoral. The dedicated team of legal professionals at the Law Offices of Stuart M. Kerner, P.C. are uniquely qualified in determining and establishing these foundational premises on your behalf.
It is important to be aware that New York has a statute of limitations of 2 1/2 years involving medical malpractice cases. (Other types of negligence cases have a statute of limitations of 3 years.) Unfortunately, many people do not even know that malpractice was committed until after the statute of limitations has expired. At the Law Offices of Stuart M. Kerner, P.C. we understand that there are certain exceptions that may legally extend this time due to extenuating circumstances, and we know how to fight for those considerations to your benefit. We will exhaustively represent your best interest in the contemplation of the long-term effects that medical malpractice will have on your livelihood, income, quality of life, and well-being.
If you or your loved one has been the victim of medical malpractice resulting in continued or serious injury, contact the Law Offices of Stuart M. Kerner, P.C. for a free, professional evaluation of your case. We specialize in investigating the circumstances surrounding medical malpractice, negotiating with the other party’s insurance company, and ensuring that you receive the compensation that you deserve. Give us a call today.
About The Law Offices of Stuart M. Kerner
If you’ve been injured and want the best possible outcome in your situation, the Law Offices of Stuart Kerner P.C. in The Bronx can help you. Our firm has obtained favorable results for injury victims and their families throughout New York in personal injury cases such as auto accidents, oilfield accidents, traumatic brain injuries, and serious personal injuries.
Our law firm offers a free consultation to discuss your accident and review the legal remedies available to you. We’re available 24/7 to answer any questions you may have about your case. Above all, you shouldn’t feel alone and isolated after an accident. If you’ve been hurt in an accident, we’ll come to you. Our attorney can travel to your home or hospital, at your request.