Medical malpractice represented by medical tools

Patients trust their healthcare providers to deliver quality medical care and properly treat their condition. When this doesn’t happen, the patient can suffer serious and sometimes fatal consequences. It’s possible to seek compensation, but you should expect resistance.

The insurance companies and lawyers representing the healthcare provider will defend their best interests. So who is looking out for yours? Count on the proven Syracuse medical malpractice attorneys of Carden Dotzler Hammond, PLLC.

Why Choose CDH Law?

If you’ve suffered medical malpractice, there’s no shortage of law firms that are eager to help you. However, not all attorneys are thoroughly experienced with the intricacies of this area of law. While it is a type of personal injury, there are some unique features to malpractice.

For example, medical malpractice cases almost always require an expert witness in order to present a strong argument. Also, an attorney must file a certificate of merit stating they have consulted a physician or other healthcare professional who believes the case has a reasonable basis.

Not every law firm understands these and other issues concerning medical malpractice. Without a knowledgeable attorney in your corner, however, you could inadvertently jeopardize your case or recover less than you are entitled to. We’re prepared to handle your legal matter.

As you decide who should represent you in your Syracuse medical malpractice lawsuit, consider what CDH Law can bring to the table:

  • Years of experience representing New York medical malpractice victims
  • Investigating the circumstances surrounding the medical malpractice and your injuries
  • Determining who may be held liable for your legal damages
  • Calculating a fair value for all of your medical, financial, and personal losses
  • Consulting with our network of expert witnesses who provide reliable testimony in support of your case
  • Local experience with the courts, judges, and mediators that will likely handle your matter
  • Experience representing clients on both sides of civil litigation, which allows us to anticipate and prepare for possible arguments and defenses
  • Developing a personalized legal strategy that understands your goals and then works hard to meet them
  • Attempting, where possible, to settle your case but without being afraid to go to trial if necessary
  • Accessible counsel who addresses your questions and concerns throughout your case
  • Bilingual legal services for Spanish-speaking clients in and around Syracuse

We know that suffering an injury from medical malpractice could be one of the worst experiences of your life. That’s why we treat you the same way we’d want to be treated if we were the client. Read these testimonials from satisfied clients to learn more about us.

What Is Medical Malpractice?

Contrary to popular belief, medical malpractice is more than simply making a mistake. In an ordinary personal injury case, the victim must prove that the at-fault party failed to use ordinary care. The standard is different for malpractice since medical professionals are involved.

To prove malpractice, the patient has to demonstrate that the healthcare provider or facility deviated from accepted standards of medical care. In other words, it’s not just a mistake that proves malpractice; the mistake has to be unreasonable in light of the circumstances.

A key question in a Syracuse medical malpractice lawsuit is whether the professional exercised the level of care and skill that a reasonably competent practitioner would have exercised under similar circumstances. More specifically, the victim must demonstrate these four elements:

  • Duty of care: There must be a doctor-patient relationship that obligates the doctor or other medical professional or facility to provide competent care.
  • Breach: A departure from the accepted standard of care breaches the duty. Examples of such departures are listed below.
  • Causation: This departure must be a substantial factor in causing the patient’s injury or death. Proving the causal link will likely require expert witness input as well.
  • Damages: Lastly, the victim has to prove the nature and amount of their damages.

Examples of Medical Malpractice

CDH Law has experience with all types of medical malpractice cases. We represent clients with the dedication, compassion, and professionalism they deserve when they need it most. If you’ve experienced any of the following, it’s time to schedule a free case review with us:

  • Prescription medication errors: There are many ways to make a mistake with prescription medication, such as prescribing the wrong drug or the wrong dosage, or prescribing without considering the patient’s allergies or interactions with other medicines.
  • Birth injuries: A birth injury may occur due to negligence during the mother’s labor or delivery. Errors like failing to monitor the unborn baby, not knowing the signs of fetal distress, improper use of forceps and other equipment, and a delayed C-section can cause cerebral palsy, Erb’s palsy, and other lifelong conditions.
  • Surgical errors: Some examples of surgical errors include operating on the wrong part of the body, performing an incorrect procedure, missing a key step in the surgery, or leaving tools inside the patient. Surgical errors may require additional corrective surgeries and, in some cases, amputation.
  • Failure to diagnose or misdiagnosis: Not diagnosing a disease could be fatal for the patient, especially in cases of cancer, heart disease, and sepsis. Meanwhile, misdiagnosing a serious disease as something more benign can have devastating consequences for the patient.
  • Emergency room negligence: Although Syracuse emergency rooms are high-pressure environments, healthcare professionals are still required to adhere to high medical standards. Improper discharge, misdiagnosis, and letting an urgent patient wait too long are examples of negligence.
  • Anesthesia errors: Anesthesia is a potent drug that can cause severe or fatal injuries. Mistakes include administering too much or too little anesthesia, failing to monitor the patient, and failing to take the patient’s allergies into account.
  • Failure to obtain the patient’s medical history: It’s imperative that a doctor knows a patient’s medical history before prescribing medications or administering any treatments. Allergies, pre-existing conditions, and prior surgeries are some relevant details doctors must consider.
  • Failure to obtain informed consent: Under New York law, healthcare providers must disclose reasonably foreseeable risks, benefits, and alternatives to patients. Only then can a patient give informed consent to the recommended treatment.
  • Defective medical devices and dangerous drugs: Medical devices and prescription medications that have a design or manufacturing defect could give rise to a product liability claim. The patient may also have a claim if the device or drug failed to include sufficient warnings.

Who Can a Patient Name in a Syracuse Medical Malpractice Lawsuit?

Doctors and hospitals are often associated with medical malpractice, but they are not the only potential defendants in a lawsuit. Victims may also be able to file a claim against health clinics, nurses, surgeons, radiologists, physical therapists, and specialists (e.g. obstetricians).

If your case involves a defective drug or medical device, you may have a claim against a pharmacist, pharmaceutical company, medical device manufacturer, and others. In some cases, victims have claims against multiple parties which could increase their damages.

Damages That May Be Available in Your Case

The objective of filing a medical malpractice lawsuit is to seek monetary damages. These include compensatory damages, which are broadly broken down into two categories.

Economic damages

“Economic” refers to the fact that these are objective, quantifiable damages. Some examples are:

  • Medical bills for corrective treatments, follow-up surgeries and other treatments, rehabilitation, and adaptive medical devices.
  • Lost wages: This covers the time you will miss from work while recovering from your injuries or receiving treatment.
  • Reduced earning capacity: If you are unable to return to your same career, you could miss out on substantial amounts of future income, bonuses, benefits, and more.

Non-economic damages

The term “non-economic” means these are more intangible, subjective losses. These are some examples:

  • Pain and suffering
  • Emotional distress
  • Psychological trauma
  • Reduced quality of life
  • Reduced enjoyment of life
  • Loss of consortium

In some cases, victims can ask for punitive damages as well. These are intended to punish the at-fault party in cases of egregious or reckless misconduct.

What is the Deadline to File a Medical Malpractice Lawsuit?

You do not have an unlimited amount of time to file a Syracuse medical malpractice lawsuit. Due to a deadline known as the statute of limitations, most victims have 30 months (two and a half years) from the date of malpractice to file a lawsuit. There are some notable exceptions to this.

For instance, if the patient continues to receive treatment from the same provider for the same condition, the statute of limitations starts to run once the treatment ends. If a foreign object is left inside the patient, the patient has one year from the date of discovery (or when the object should reasonably have been discovered) to file suit.

There may be other exceptions. However, you should not assume one will apply to your case and should instead speak with an attorney at your earliest convenience. Failure to file in time could risk being permanently barred from any recovery.

Steps You Should Take if You Suspect Medical Malpractice

If you believe that you or a loved one have been the victim of medical malpractice, there are some important steps you need to take to protect your health and your legal rights. CDH Law recommends doing the following:

  • Seek immediate medical treatment: Don’t wait to see a doctor; your life and long-term well-being could be on the line. Inform your new doctor of the previous doctor’s actions, report your symptoms, and follow the new doctor’s advice.
  • Document the malpractice: Start gathering all records like medical bills, doctors’ notes, prescriptions, and receipts that are related to the potential malpractice. Write down everything you can remember about the procedure and any irregularities during your treatment.
  • Keep a journal: Make notes about your symptoms, daily limitations, complications, and overall condition following the alleged malpractice. This could serve as valuable evidence later, especially for your non-economic damages.
  • Talk to a Syracuse medical malpractice lawyer: Once you have taken care of the above steps, reach out to our law office. We can advise you as to your next best steps.

Wrongful Death and Medical Malpractice

Unfortunately, many victims pass away due to injuries they sustained because of malpractice. If this has happened to your loved one, the decedent’s personal representative may have the right to file a wrongful death lawsuit to seek damages such as funeral expenses and medical bills.

There is also a similar claim called a survival action. This lawsuit is intended to seek damages for the pain and suffering and other injuries the deceased victim experienced before death. Plaintiffs often file wrongful death and survival actions together.

These legal actions have their own statutes of limitations. A wrongful death claim must generally be filed no later than two years after the victim’s death. Meanwhile, the deadline is usually two years and six months for survival actions.

Contact Our Syracuse Medical Malpractice Lawyers

Nobody should suffer due to incompetent healthcare practitioners. But if you have experienced medical malpractice, the time to explore your legal options is now. Reach out to CDH Law to learn more and  to schedule your free case review today.

Frequently Asked Questions About Medical Malpractice

How long does a medical malpractice case take?

Many lawsuits take approximately 18 to 36 months to resolve, while others can take several years. There are many complexities to these cases such as the need to thoroughly review medical records, take depositions from experts, and work through insurance complications.

Your case may resolve much sooner if it settles. However, we never opt for settlement if it means injustice for our clients. We will pursue productive negotiations with the insurance companies while proceeding through litigation.

Should I talk to the insurance companies?

You should not talk to any insurance companies without the assistance of legal counsel. Insurers may seem sympathetic, but they are ultimately watching out for their interests, not yours. Once you settle your case you cannot ask for more compensation later.

How do I prove the standard of care in my case?

This requires input from a medical expert witness. You must prove not only what the standard is, but that the defendant violated it. A qualified expert can discuss at length what the standard is and compare it to your case to help show that the at-fault party failed to meet it.

Our firm has a reliable network of experts we can call upon to provide valuable testimony on your behalf.

Medical malpractice represented by medical tools
Medical Malpractice

Patients trust their healthcare providers to deliver quality medical care and properly treat their condition. When this doesn’t happen, the patient can suffer serious and sometimes fatal consequences. It’s possible to seek compensation, but you should expect resistance.

The insurance companies and lawyers representing the healthcare provider will defend their best interests. So who is looking out for yours? Count on the proven Syracuse medical malpractice attorneys of Carden Dotzler Hammond, PLLC.

Why Choose CDH Law?

If you’ve suffered medical malpractice, there’s no shortage of law firms that are eager to help you. However, not all attorneys are thoroughly experienced with the intricacies of this area of law. While it is a type of personal injury, there are some unique features to malpractice.

For example, medical malpractice cases almost always require an expert witness in order to present a strong argument. Also, an attorney must file a certificate of merit stating they have consulted a physician or other healthcare professional who believes the case has a reasonable basis.

Not every law firm understands these and other issues concerning medical malpractice. Without a knowledgeable attorney in your corner, however, you could inadvertently jeopardize your case or recover less than you are entitled to. We’re prepared to handle your legal matter.

As you decide who should represent you in your Syracuse medical malpractice lawsuit, consider what CDH Law can bring to the table:

  • Years of experience representing New York medical malpractice victims
  • Investigating the circumstances surrounding the medical malpractice and your injuries
  • Determining who may be held liable for your legal damages
  • Calculating a fair value for all of your medical, financial, and personal losses
  • Consulting with our network of expert witnesses who provide reliable testimony in support of your case
  • Local experience with the courts, judges, and mediators that will likely handle your matter
  • Experience representing clients on both sides of civil litigation, which allows us to anticipate and prepare for possible arguments and defenses
  • Developing a personalized legal strategy that understands your goals and then works hard to meet them
  • Attempting, where possible, to settle your case but without being afraid to go to trial if necessary
  • Accessible counsel who addresses your questions and concerns throughout your case
  • Bilingual legal services for Spanish-speaking clients in and around Syracuse

We know that suffering an injury from medical malpractice could be one of the worst experiences of your life. That’s why we treat you the same way we’d want to be treated if we were the client. Read these testimonials from satisfied clients to learn more about us.

What Is Medical Malpractice?

Contrary to popular belief, medical malpractice is more than simply making a mistake. In an ordinary personal injury case, the victim must prove that the at-fault party failed to use ordinary care. The standard is different for malpractice since medical professionals are involved.

To prove malpractice, the patient has to demonstrate that the healthcare provider or facility deviated from accepted standards of medical care. In other words, it’s not just a mistake that proves malpractice; the mistake has to be unreasonable in light of the circumstances.

A key question in a Syracuse medical malpractice lawsuit is whether the professional exercised the level of care and skill that a reasonably competent practitioner would have exercised under similar circumstances. More specifically, the victim must demonstrate these four elements:

  • Duty of care: There must be a doctor-patient relationship that obligates the doctor or other medical professional or facility to provide competent care.
  • Breach: A departure from the accepted standard of care breaches the duty. Examples of such departures are listed below.
  • Causation: This departure must be a substantial factor in causing the patient’s injury or death. Proving the causal link will likely require expert witness input as well.
  • Damages: Lastly, the victim has to prove the nature and amount of their damages.

Examples of Medical Malpractice

CDH Law has experience with all types of medical malpractice cases. We represent clients with the dedication, compassion, and professionalism they deserve when they need it most. If you’ve experienced any of the following, it’s time to schedule a free case review with us:

  • Prescription medication errors: There are many ways to make a mistake with prescription medication, such as prescribing the wrong drug or the wrong dosage, or prescribing without considering the patient’s allergies or interactions with other medicines.
  • Birth injuries: A birth injury may occur due to negligence during the mother’s labor or delivery. Errors like failing to monitor the unborn baby, not knowing the signs of fetal distress, improper use of forceps and other equipment, and a delayed C-section can cause cerebral palsy, Erb’s palsy, and other lifelong conditions.
  • Surgical errors: Some examples of surgical errors include operating on the wrong part of the body, performing an incorrect procedure, missing a key step in the surgery, or leaving tools inside the patient. Surgical errors may require additional corrective surgeries and, in some cases, amputation.
  • Failure to diagnose or misdiagnosis: Not diagnosing a disease could be fatal for the patient, especially in cases of cancer, heart disease, and sepsis. Meanwhile, misdiagnosing a serious disease as something more benign can have devastating consequences for the patient.
  • Emergency room negligence: Although Syracuse emergency rooms are high-pressure environments, healthcare professionals are still required to adhere to high medical standards. Improper discharge, misdiagnosis, and letting an urgent patient wait too long are examples of negligence.
  • Anesthesia errors: Anesthesia is a potent drug that can cause severe or fatal injuries. Mistakes include administering too much or too little anesthesia, failing to monitor the patient, and failing to take the patient’s allergies into account.
  • Failure to obtain the patient’s medical history: It’s imperative that a doctor knows a patient’s medical history before prescribing medications or administering any treatments. Allergies, pre-existing conditions, and prior surgeries are some relevant details doctors must consider.
  • Failure to obtain informed consent: Under New York law, healthcare providers must disclose reasonably foreseeable risks, benefits, and alternatives to patients. Only then can a patient give informed consent to the recommended treatment.
  • Defective medical devices and dangerous drugs: Medical devices and prescription medications that have a design or manufacturing defect could give rise to a product liability claim. The patient may also have a claim if the device or drug failed to include sufficient warnings.

Who Can a Patient Name in a Syracuse Medical Malpractice Lawsuit?

Doctors and hospitals are often associated with medical malpractice, but they are not the only potential defendants in a lawsuit. Victims may also be able to file a claim against health clinics, nurses, surgeons, radiologists, physical therapists, and specialists (e.g. obstetricians).

If your case involves a defective drug or medical device, you may have a claim against a pharmacist, pharmaceutical company, medical device manufacturer, and others. In some cases, victims have claims against multiple parties which could increase their damages.

Damages That May Be Available in Your Case

The objective of filing a medical malpractice lawsuit is to seek monetary damages. These include compensatory damages, which are broadly broken down into two categories.

Economic damages

“Economic” refers to the fact that these are objective, quantifiable damages. Some examples are:

  • Medical bills for corrective treatments, follow-up surgeries and other treatments, rehabilitation, and adaptive medical devices.
  • Lost wages: This covers the time you will miss from work while recovering from your injuries or receiving treatment.
  • Reduced earning capacity: If you are unable to return to your same career, you could miss out on substantial amounts of future income, bonuses, benefits, and more.

Non-economic damages

The term “non-economic” means these are more intangible, subjective losses. These are some examples:

  • Pain and suffering
  • Emotional distress
  • Psychological trauma
  • Reduced quality of life
  • Reduced enjoyment of life
  • Loss of consortium

In some cases, victims can ask for punitive damages as well. These are intended to punish the at-fault party in cases of egregious or reckless misconduct.

What is the Deadline to File a Medical Malpractice Lawsuit?

You do not have an unlimited amount of time to file a Syracuse medical malpractice lawsuit. Due to a deadline known as the statute of limitations, most victims have 30 months (two and a half years) from the date of malpractice to file a lawsuit. There are some notable exceptions to this.

For instance, if the patient continues to receive treatment from the same provider for the same condition, the statute of limitations starts to run once the treatment ends. If a foreign object is left inside the patient, the patient has one year from the date of discovery (or when the object should reasonably have been discovered) to file suit.

There may be other exceptions. However, you should not assume one will apply to your case and should instead speak with an attorney at your earliest convenience. Failure to file in time could risk being permanently barred from any recovery.

Steps You Should Take if You Suspect Medical Malpractice

If you believe that you or a loved one have been the victim of medical malpractice, there are some important steps you need to take to protect your health and your legal rights. CDH Law recommends doing the following:

  • Seek immediate medical treatment: Don’t wait to see a doctor; your life and long-term well-being could be on the line. Inform your new doctor of the previous doctor’s actions, report your symptoms, and follow the new doctor’s advice.
  • Document the malpractice: Start gathering all records like medical bills, doctors’ notes, prescriptions, and receipts that are related to the potential malpractice. Write down everything you can remember about the procedure and any irregularities during your treatment.
  • Keep a journal: Make notes about your symptoms, daily limitations, complications, and overall condition following the alleged malpractice. This could serve as valuable evidence later, especially for your non-economic damages.
  • Talk to a Syracuse medical malpractice lawyer: Once you have taken care of the above steps, reach out to our law office. We can advise you as to your next best steps.

Wrongful Death and Medical Malpractice

Unfortunately, many victims pass away due to injuries they sustained because of malpractice. If this has happened to your loved one, the decedent’s personal representative may have the right to file a wrongful death lawsuit to seek damages such as funeral expenses and medical bills.

There is also a similar claim called a survival action. This lawsuit is intended to seek damages for the pain and suffering and other injuries the deceased victim experienced before death. Plaintiffs often file wrongful death and survival actions together.

These legal actions have their own statutes of limitations. A wrongful death claim must generally be filed no later than two years after the victim’s death. Meanwhile, the deadline is usually two years and six months for survival actions.

Contact Our Syracuse Medical Malpractice Lawyers

Nobody should suffer due to incompetent healthcare practitioners. But if you have experienced medical malpractice, the time to explore your legal options is now. Reach out to CDH Law to learn more and  to schedule your free case review today.

Frequently Asked Questions About Medical Malpractice

How long does a medical malpractice case take?

Many lawsuits take approximately 18 to 36 months to resolve, while others can take several years. There are many complexities to these cases such as the need to thoroughly review medical records, take depositions from experts, and work through insurance complications.

Your case may resolve much sooner if it settles. However, we never opt for settlement if it means injustice for our clients. We will pursue productive negotiations with the insurance companies while proceeding through litigation.

Should I talk to the insurance companies?

You should not talk to any insurance companies without the assistance of legal counsel. Insurers may seem sympathetic, but they are ultimately watching out for their interests, not yours. Once you settle your case you cannot ask for more compensation later.

How do I prove the standard of care in my case?

This requires input from a medical expert witness. You must prove not only what the standard is, but that the defendant violated it. A qualified expert can discuss at length what the standard is and compare it to your case to help show that the at-fault party failed to meet it.

Our firm has a reliable network of experts we can call upon to provide valuable testimony on your behalf.