When we seek medical care, we trust that doctors, nurses, and other healthcare professionals will provide proper treatment. Unfortunately, mistakes happen—and when they do, the consequences can be life-altering. Every day, serious medical errors lead to severe injuries and even death for patients in New York and across the country. If a medical professional fails to provide reasonable care and causes harm, the injured patient has the right to pursue a medical malpractice lawsuit.
If you or a loved one has suffered a serious injury due to medical negligence or recklessness, you may be entitled to compensation. The Syracuse medical malpractice attorneys at CDH Law PLLC have a proven history of successfully securing compensation for victims of medical malpractice.
Types of Medical Malpractice Cases We Handle
At CDH Law PLLC, our attorneys have decades of experience representing clients in complex medical malpractice claims. We understand the emotional and financial toll these cases can take and are committed to holding negligent medical professionals accountable. Below are some of the most common types of medical malpractice cases we handle:
Prescription Medication Errors
Medication errors can have devastating consequences. When doctors prescribe the wrong medication or incorrect dosage, or when pharmacists fail to properly dispense drugs, patients can suffer serious health complications. In some cases, drug interactions or allergic reactions caused by a prescription mistake can be life-threatening.
Birth Injuries
Birth injuries can occur due to medical negligence during labor and delivery. Errors such as failing to monitor fetal distress, improper use of forceps or vacuum extractors, or delays in performing a necessary C-section can result in conditions like cerebral palsy, Erb’s palsy, and other lifelong medical conditions.
Surgical Errors
Surgical errors can include mistakes such as performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside a patient. These errors can cause severe complications and infections and sometimes require additional corrective surgeries.
Failure to Diagnose or Misdiagnosis
A delayed or incorrect diagnosis can mean the difference between life and death. Medical conditions such as cancer, heart disease, meningitis, and sepsis require timely treatment, and a failure to diagnose them properly can lead to devastating consequences for patients.
Emergency Room Negligence
Emergency rooms are high-pressure environments, but that does not excuse medical mistakes. Patients who are improperly discharged, misdiagnosed or left waiting too long for urgent care may suffer severe health complications.
Anesthesia Errors
Anesthesia errors can be fatal or cause severe injuries, including brain damage due to a lack of oxygen. Common mistakes include administering too much or too little anesthesia, failing to monitor a patient’s vital signs, or ignoring a patient’s known allergies.
Failure to Obtain a Complete Patient History
Doctors are responsible for reviewing a patient’s medical history before prescribing medications or recommending treatments. If a healthcare provider fails to ask about allergies, pre-existing conditions, or prior surgeries, the patient may be put at unnecessary risk.
Failure to Obtain Informed Consent
Patients have the right to be fully informed about the risks and potential complications of any medical procedure. If a doctor performs a procedure without obtaining informed consent, the patient may have grounds for a medical malpractice claim.
Defective Medical Devices and Dangerous Drugs
In some cases, injuries occur due to defective medical devices or dangerous pharmaceuticals. If a drug company fails to warn of potential side effects or a medical device malfunctions, leading to injury, a product liability claim may be an option.
Who Can Be Held Accountable in a Medical Malpractice Lawsuit?
While doctors are often associated with medical malpractice, they are not the only ones who can be held responsible. Depending on the case, victims may be able to file lawsuits against:
- Hospitals
- Nurses
- Surgeons
- Radiologists
- Physical therapists
- Specialists such as obstetricians, gynecologists, cardiologists
New York Medical Malpractice Laws
Medical malpractice lawsuits fall under personal injury law, requiring plaintiffs to prove negligence. This means establishing that:
- A doctor-patient relationship existed at the time of the injury.
- The medical provider breached their duty of care by failing to follow the accepted medical standard.
- The breach directly caused the patient’s injuries.
- The patient suffered damages as a result, such as medical bills, lost income, or pain and suffering.
Deadlines for Filing a Medical Malpractice Lawsuit in New York
New York law sets strict statutes of limitations for filing a medical malpractice lawsuit. Generally, victims have 30 months (2.5 years) from the date of the injury to file a claim. However, exceptions may apply:
- If a medical error occurs during ongoing treatment, the deadline begins after the treatment ends.
- If a surgical instrument is left inside the body, the patient has one year from discovery to file a claim.
- If the victim is a child, the statute of limitations is paused until they turn 18 years old, but they must file within 10 years of the incident.
Damages Available in a Medical Malpractice Case
Medical malpractice can lead to lifelong medical expenses, lost wages, and severe emotional distress. Victims in New York can seek compensation for both economic and non-economic damages, including:
- Punitive Damages – If the medical provider’s conduct was especially reckless or intentional.
- Medical Expenses – Covering current and future medical costs related to the injury, including surgeries, medications, rehabilitation, and assistive devices.
- Lost Wages – Compensation for time missed at work due to medical treatment.
- Loss of Future Earnings – If the victim can no longer work or must change careers due to their injury.
- Pain and Suffering – Compensation for physical pain, emotional trauma, and reduced quality of life.
- Wrongful Death Damages – If medical malpractice leads to a patient’s death, the family can seek funeral costs, loss of financial support, and loss of companionship.
Contact Our Syracuse Medical Malpractice Attorneys
Living with an injury caused by a negligent medical professional can be devastating. If a healthcare provider has made a medical error that caused you an injury or worse than your injury, you may be entitled to compensation. You do not have to go through the process of seeking compensation alone. One of the experienced Syracuse medical malpractice attorneys at CDH Law PLLC will evaluate your case and help you understand your medical options. Contact us today to schedule your free case review with a skilled medical malpractice attorney.
Carden Dotzler Hammond, PLLC represents medical malpractice victims in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.