When we receive care at the hospital or doctor’s office, we assume that the doctors, nurses, and other staff will perform the procedure correctly. Unfortunately, this isn’t always the case. Every day, serious medical errors cause lifelong injuries or even death to patients in New York and throughout the United States. When a medical professional fails to use reasonable care, causing the patient injury, the patient has a right to bring a medical malpractice lawsuit against the healthcare professional.
Discuss Your Case With a Medical Malpractice Attorney
If you or your loved one have been seriously injured due to medical professional negligence or recklessness, you may be entitled to compensation. The Syracuse medical malpractice attorneys at CDH Law PLLC have a proven track record of successfully obtaining compensation for victims of medical malpractice. Contact us today to schedule your free case evaluation and speak to one of our experienced medical malpractice attorneys.
Types of Cases We Handle
At CDH Law PLLC, our medical malpractice lawyers have decades of experience handling various medical malpractice cases. We understand that medical malpractice cases are often complex and emotionally painful. Some of the most common causes for medical malpractice lawsuits include cases related to the following:
- Prescription medication errors
- Birth injuries that cause lifelong medical conditions
- Medical errors made during heart surgery, such as bypass procedures
- Errors made when treating optical conditions, such as glaucoma or cataracts
- Delayed or missed diagnosis of heart disease, cancer, meningitis, or sepsis
- Emergency room negligence, such as improper discharge of stroke patients
- Product liability cases involving dangerous drugs and medical devices
- A surgical error, such as operating on the wrong body part
- Failure to obtain a complete patient history
- Anesthesia errors
- Failure to obtain a patient’s informed consent
Who Can Be Held Accountable in a Medical Malpractice Lawsuit?
When people think of medical malpractice, they often think of doctors. In reality, any healthcare provider can be held accountable through a medical malpractice lawsuit. If a doctor acts negligently, causing the patient injuries, the patient may have a legal claim against the doctor and the hospital. To sue the hospital, the patient would need to prove that the hospital failed to take reasonable steps to hire a competent doctor. Under New York state laws, victims of medical malpractice can hold any of the following parties responsible for causing their injuries:
- Nursing homes
- Physical therapists
- Specialists such as obstetricians, gynecologists, and cardiologists
New York Medical Malpractice Laws
Medical malpractice lawsuits are specific types of personal injury lawsuits. As a result, when you file a claim, you will need to prove the legal theory of negligence. First, you will need to prove that the person or organization you are suing had the legal and moral obligation to treat you. You will need to establish that you and the doctor had an existing doctor-patient relationship at the time of the injury.
After establishing the duty of care, you will need to show that the doctor breached the duty of care. You also need to prove that the doctor’s breach of the duty of care resulted in your injuries. Finally, you’ll need to demonstrate that the medical malpractice directly caused the medical complications you experienced or continue to experience.
Deadlines for Filing a New York Personal Injury Lawsuit
New York sets a time limit for filing lawsuits called a statute of limitations. In most cases, a person who’s been injured must file a medical malpractice lawsuit 30 months from the date of the injury. When a medical error occurs during the patient’s course of treatment, the 30-month timeframe doesn’t begin until after the patient has completed the prescribed course of treatment.
There are some exceptions to this general rule, however. In surgical cases, when a surgeon leaves an instrument inside a patient’s body, the patient has 12 months from the date he or she discovers the injury to initiate a lawsuit. New York gives patients in these situations more time to file for a lawsuit because they may not begin experiencing symptoms from their injury right away. Additionally, suppose a child is the victim of medical malpractice. In that case, the statute of limitations does not begin until the victim turns 18. The victim must file a lawsuit within 10 years of the date of the incident causing the injury.
Many victims suffer from painful, ongoing symptoms that require ongoing medical treatment. When a patient suffers a serious injury, the resulting injury can be expensive and emotionally traumatizing. Many patients cannot return to work, making it impossible to pay their ongoing medical bills.
Plaintiffs who file lawsuits in New York are entitled to economic and non-economic damages. Economic damages cover costs that are quantifiable and related to your injuries, such as:
- Current and future medical bills related to the harm caused by your doctor’s negligence
- In-home care, home modifications, medical devices, and physical therapy
- Lost income and wages
- Loss of your future earning capacity
In addition to economic damages, plaintiffs are also entitled to non-economic damages for their pain and suffering, emotional distress, and loss of enjoyment of life. When it causes the death of a patient, the patient’s family can bring a wrongful death lawsuit to recover funeral expenses, loss of earning capacity, and more. Finally, the plaintiff can pursue additional punitive damages when the defendant acts willfully or egregiously.
Our Syracuse and Central New York Medical Malpractice Attorneys Are Here to Help
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.