Simply put, medical malpractice is negligence. But it is a specific type
of negligence in which a medical professional made a mistake that should
not have been made and the patient was injured as a result. Most commonly,experienced medical malpractice attorneys in Kingston, New York see medical negligence happen in the following ways:
- Misdiagnosing the patient
- Failing to diagnose the patient’s malady
- Medication/prescription errors
- Surgical errors
- Emergency room mistakes
- Improper post surgical care
- Birthing mistakes
- Anesthesia errors
- Leaving foreign objects inside patients’ bodies
It is not unheard of that these types of mistakes go unnoticed until after
the patient’s death. Other times, the patient suffers for a long
time until finding out that the doctor did something wrong. Finding out
about the medical mistake may also come from a thorough investigation
done by an experienced medical malpractice attorney.
It takes a lot of skill and effort to gain compensation through a medical
malpractice lawsuit. Medical records are voluminous and medical professionals
are not obligated to admit to making the mistake. This means that the
attorney will have to scour through endless streams of documents and employ
investigators and medical experts to find out about the medical professional’s
The investigation is important because the patient will need proof of when
the negligence occurred. The plaintiff will also have to prove that the
offending doctor did something that another doctor in a similar situation
would not have done. This deviation from the standard of care must have
been what caused the patient’s injury. And of course, the patient
must have suffered damages as a result of that injury; lost wages, medical
bills, pain and suffering, rehabilitation costs, and the like.
While medical malpractice cases are time consuming and lengthy, injured
patients should not expect to pay upfront for the costs of litigation.
Medical malpractice attorneys typically do not get paid unless the injured
patient wins the lawsuit. Not until the patient is granted compensation
will the attorney receive a portion of the compensation as payment for
legal representation; typically around one-third of the compensation.
Certainly getting to a trial date could take years, and the actual trial
can exceed a week even for the less complicated cases. But injured patients
need to understand that most cases never make it to trial. This is because
the majority of cases are settled out of court. Therefore, medical malpractice
victims should not think that their case will end up in front of a judge
and or jury.
Even though the process of medical malpractice litigation is long, difficult
and complicated, the victims of medical malpractice should not fear contacting
a lawyer to sue the negligent medical professional. The harm caused by
medical malpractice is often severe. Patients have a right to be compensated
for such serious mistakes.
Since the costs of medical care are not always completely covered by health
coverage benefits, patients should expect to be compensated for costs
of medical care that would not have been spent if the doctor did not mess
up. It is common for negligently harmed patients to need additional surgeries
to correct a doctor’s mistake. The wages lost from missing work
should be given to the victim of medical malpractice. How about the pain
and suffering that the patient had to endure after the doctor made the
mistake? Patients should demand to be compensated for having to live with such.
In the most serious cases when the victim survives the medical malpractice,
the patient will never be able to return to his or her former way of life.
Careers could be ruined; physical abilities could be destroyed. Doctors
can be held accountable.
The most serious consequence of medical malpractice is the patient’s
death. Even though deceased, the victim’s estate can be compensated.
Even the victim’s family can receive compensation for negligence
that killed their loved one.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. If you or a loved one has been injured
in a personal injury accident, please do not hesitate to
contact us by calling 845-340-HURT (4878), or by using our convenient
case evaluation form.