We are New York medical malpractice lawyers with a regional and national reputation for our dedication to patients and improving patient safety. Our attorneys’ efforts in this regard have earned the Firm recognition in U.S. News and World Report – Best Lawyers® as a “first-tier” Syracuse personal injury law firm, as well as recognition in the Best Lawyers in America®, SuperLawyers®, the Multi-Million Dollar Advocates Forum®, and The Bar Register of Preeminent Lawyers®.
What is Medical Malpractice?
Doctors, nurses and other healthcare providers, just like engineers, lawyers, bus drivers, teachers, and police officers, can make a mistake during an off day on the job. Medical malpractice is a phrase used by the legal system and insurance companies to label a constellation of different circumstances that involve an error made by a health care provider that causes harm to the patient or the patient’s family.
Medical malpractice is a form of professional negligence that leads to more than 255,000 patient deaths every year (according to the National Institute of Health). More specifically defined, medical malpractice is a failure on the part of a doctor, medical resident, physician assistant, nurse practitioner, registered nurse, licensed practical nurse, therapist, or other medical caregiver, to provide a service that meets the “standard of care.” The “standard of care” is the level of care that the relevant medical community expects from a given provider. The “standard of care” is what every provider should do under the circumstances.
Medical malpractice, which is sometimes called medical negligence, is not the same as a bad outcome. Bad outcomes can happen even when the best care is provided. Generally, medical malpractice occurs in one of a handful of ways. The most common medical malpractice claims arise out of:
- delayed diagnosis;
- failure to evaluate (or re-evaluate);
- failure to take a proper history;
- failure to order laboratory work or diagnostic studies (e.g., x-ray, CT scan, MRI, CBC);
- improper interpretation of diagnostic studies performed;
- failure to diagnose an illness
- failure to treat;
- delayed treatment;
- incorrect treatment;
- failure to make a referral;
- surgical errors; and
- medication errors.
An almost unlimited number of acts or omissions can give rise to a medical malpractice claim for hospital or surgical center negligence, for medical malpractice committed in a clinic or doctor’s office, or for neglect and abuse that occurs in nursing homes.
For example, an emergency room doctor may be liable for discharging a patient with a severe headache before ruling-out a stroke. Likewise, an internist may be liable for not investigating the cause of a patient’s left sided-chest pain and shortness of breath, an obstetrician may be liable for not ordering a cesarean section despite signs of fetal distress during labor, a physician assistant may be liable for not ordering the administration of intravenous antibiotics to a patient with signs of sepsis, a registered nurse may be liable for administering too much of a prescription medication, a radiologist may be liable for failing to identify breast cancer visible on a mammogram, an orthopedic surgeon may be liable for prematurely removing a cast, a surgeon may be liable for leaving a sponge behind during surgery, an anesthesiologist may be liable for failing to monitor blood sugar and oxygen levels while a patient is under general anesthesia, a genetic counselor may be liable for failing to inform expecting parents about their child’s risks for birth defects, and a nursing home may be liable for failing to prevent the occurrence of bed sores.
What Do Medical Malpractice Attorneys Do?
For nearly three decades, our team of New York medical malpractice attorneys has represented thousands of patients and their families with claims concerning virtually every aspect of medicine, including:
- emergency medicine;
- family practice;
- hospital negligence;
- infectious diseases;
- lack of informed consent;
- medication errors;
- nurse midwifery;
- surgery; and
Was My Health Care Provider Negligent?
Statistically, the answer is probably not. Actionable medical malpractice is infrequent. More often than not, a bad outcome is not the result of medical malpractice. However, medical malpractice does occur. The results of a 20,000 patient study published in the New England Journal of Medicine revealed that only 54.9% of patients received the appropriate care from their health care provider.
Only an experienced medical malpractice lawyer can properly evaluate whether you and/or your family have a meritorious medical negligence claim for damages including lost wages and benefits, medical bills, permanent disabilities, pain and suffering and loss of enjoyment of life. This is because inexperienced law firms may pursue claims without fully appreciating whether the plaintiff can prevail at trial and, in turn, may expose their clients to potentially significant litigation costs without a sound prospect of recovery.
The trial lawyers at Bottar Leone, PLLC, have decades of experience investigating and prosecuting medical malpractice lawsuits throughout the State of New York. While the firm cannot represent a fraction of the patients who seek our assistance, all claims accepted by the Firm for investigation are subjected to rigorous evaluation, including considerable time evaluating whether:
- a health care provider had a responsibility to treat the patient;
- a health care provider failed to meet the standard of care;
- a patient was injured because of the health care provider’s deviation from the standard of care; and
- the legal system allows the patient and/or his/her family to be compensation for the damage caused by the deviation.
Retaining A New York Medical Malpractice Lawyer
Medical malpractice is a complex area of the law and medical malpractice lawsuits are perhaps the most complicated type of personal injury lawsuit. Further, the insurance companies that insure health care providers are well-funded and, in turn, hire very skilled defense attorneys and experts. As the stakes are high for all involved in a lawsuit for medical malpractice, it is critical that a patient hire an experienced and well-trained medical malpractice lawyer to represent his/her interests.
Bottar Leone, PLLC is a top New York State personal injury law firms. The Firm’s nationally recognized attorneys have, for nearly three decades, limited their practice to the prosecution and trial of severe personal injury and wrongful death matters, including thousands of claims for medical malpractice. If you suspect that you, your child, or a loved one has been injured due to medical malpractice, contact Bottar Leone, PLLC, to learn about your rights, including the availability of compensation for health care, medical expenses, special education, medical bills, loss of income, and pain and suffering.
To speak with an experienced New York medical malpractice attorney about your questions and concerns, contact us by telephone at (315) 422-3466, 1-800-336-LAWS, or by email at email@example.com.
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