New York City, NY, 04/11/2021 / Jonathan C. Reiter Law Firm, PLLC /
Medical malpractice happens more often than many people realize. In fact, it is the third leading cause of death in the United States, killing more people than any other cause of death besides cancer and heart disease. More than 250,000 people lose their lives each year due to a doctor’s or hospital’s negligence. This can happen in a number of ways, from a wrong site surgery to a misdiagnosis.
One of the things that makes medical malpractice so devastating for injury victims is that medical mistakes are completely preventable. Here are 10 commonly asked questions and answers about medical malpractice.
What Is Medical Malpractice?
Medical malpractice happens when a patient is injured due a doctor’s or hospital’s negligence and suffers damages as a result. It’s also possible for other kinds of health care professionals to bear responsibility for an injury due to their negligence. For example, you can file a lawsuit against a dentist, chiropractor, or pharmacist if they fail to adhere to the appropriate standard of care and you’re injured as a result.
Can I File a Claim If I Didn’t Suffer Any Damages?
To have a medical malpractice claim, the patient must actually incur damages as a result of their injury. This is true even if the doctor’s negligence caused the patient’s injury. Without damages, the patient does not have a medical malpractice claim. This is why it’s important to discuss your case with an experienced medical malpractice lawyer.
Are There Time Limits for Filing a Claim?
There are strict time limits for filing a medical malpractice claim, so it’s important to avoid delays. If you miss the deadline for filing your claim, you could miss your opportunity to receive compensation for your injuries.
What Kind of Compensation Can I Receive?
The amount of damages you will receive depends on the facts of your case. A medical malpractice lawyer can help you determine what types of damages you’re likely to receive. This may include:
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Pain, suffering and loss of enjoyment of life
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Past and future medical costs
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The cost of a home health aide or nurse
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Loss of wages
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Emotional distress
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Loss of earning potential
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Loss of companionship
What If My Injury Was Caused by a Defective Medical Device?
In some cases, a patient is injured during surgery or some other kind of procedure due to defective medical equipment or surgical tools. Even though the patient was injured during a medical event, this type of case would most likely fall under a product liability claim as well as a potential medical malpractice claim.
What Are Some Common Types of Medical Malpractice?
Medical malpractice can happen in just about any kind of medical setting, including hospitals, nursing homes, urgent care centers, and anywhere a health care professional is treating patients.
Some common examples of medical malpractice include:
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Surgical mistakes
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Wrong site surgery
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Birth injuries
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Anesthesia mistakes
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Brain injuries
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Medication errors
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Misdiagnosis
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Delayed diagnosis
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Failure to gather a patient history
Can I Reduce My Risk of Being Injured by a Doctor or Hospital?
Patients can protect themselves by making sure they are strong advocates for their rights. Many people are conditioned to follow a doctor’s orders without giving it much thought. However, doctors are also human, and they make mistakes.
Patients can stay safer by asking questions, asking their doctor to explain anything they don’t understand, and taking time to thoroughly understand their treatment. For example, if the doctor gives you a new prescription medication, you should carefully read the information provided by the pharmacy. You should also ask questions if you have any concerns about drug interactions or other issues.
What If the Hospital Caused My Injury?
In some cases, the hospital is responsible for a patient’s injury. In other cases, the doctor caused the injury. It can also be the case that multiple parties played a role in the patient’s injury. This is why it’s critical to discuss your case with a medical malpractice lawyer. An experienced personal injury lawyer can review the facts of your case and help you determine which parties are to blame in your case.
Can I Just Settle My Case?
In some cases, the doctor or hospital will agree to a settlement without going to court. However, the decision to settle is something a patient should only take on with the help of a knowledgeable medical malpractice lawyer. Your lawyer can help you weigh the pros and cons of settling versus pursuing your claim in court.
Should I Get a Lawyer?
Medical malpractice cases are among the most complex of any kind of legal case. This is why it’s critical to work with a lawyer who has experience with medical malpractice claims. If you believe you were injured due to a doctor’s or other health care professional’s negligence, discuss your case with a New York City medical malpractice lawyer Jonathan C. Reiter.
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