Medical malpractice can occur at the hands of your doctor or healthcare professional and can cause health issues, financial issues, and death, in some cases. Instances of medical malpractice can include birth injuries, to the mother or child, surgery errors, medical misdiagnosis and treatment, and hospital-related infection, such as a staph infection. Our Chemung County Medical Malpractice Lawyers can determine if you have a lawsuit and if you might be eligible for recompense.
A study from John Hopkins University School of Medicine indicates that medical malpractice is the third cause of death in the United States, following heart disease and cancer. Some medical malpractice instances injuries that may cause lifetime health issues and medical expenses that can be costly for the individual that has been harmed. If you or someone you care for has suffered from medical malpractice, legal remedies are available and the Chemung County Medical Malpractice Lawyers at DeFrancisco & Falgiatano can determine if you have a medical malpractice lawsuit.
We are available to residents of Chemung, Wellsburg, Southport, Elmira, Big Flats, and Horseheads and to anyone who may have a potential malpractice lawsuit against staff at St. Joseph's Hospital, Guthrie Corning Hospital, Arnot Ogden Medical Center and other healthcare facilities in Chemung County, New York.
Medical Malpractice - Examples
Negligence - Defined as the failure to exercise the care that would be used by a reasonably prudent person, in like circumstances. Malpractice is 'a type of negligence' that pertains to licensed professionals who fail to provide services per the standards of the governing body that provides their license. Malpractice and negligence cases are tried in civil court and the criteria for proving a case is is that of duty, breach, causation, and damages.
Birth Injuries - Not to be confused with birth defects, a birth injury can affect the mother, child or both and can be caused by a doctor or healthcare professional who fails to use reasonable care. The behavior of a healthcare professional in these situations can lead to a medical malpractice lawsuit if there is an injury to the mother or child during the pregnancy or delivery. Birth injuries can include wrongful death, pregnancy or birth and can be due to the failure to control excessive maternal blood loss or the failure to properly monitor the oxygen levels of the child.
General Surgery - Surgical errors occur when a preventable mistake happens during surgery such as surgical tools, sponges, other medical equipment or cell phones are left inside the patient after surgery. Medical malpractice that happens during surgery can be due to inefficient planning, incompetence, improper work procedures, or poor communications among the medical team.
Neurosurgery - Specializing in surgery of the brain and nervous system, neurosurgeons face the highest risk of medical malpractice among everyone who practices medicine. As with other doctors and healthcare professionals, neurosurgeons can face medical malpractice because of negligence, poor communication among the surgical team, improper work processes, inefficient planning, and incompetence. It will take a legal team and other medical professionals to determine if medical malpractice has occurred in your case.
There is a problem with Medical Providers
Risk management professionals know that medical facilities have a problem with medical malpractice and are working to stem the incidents that cause malpractice. They haven't gotten there yet, though, and anyone who seeks medical care is at risk of negligence from their doctor or healthcare provider. Your best defense is a great lawyer if you think that medical negligence has caused you harm and our Chemung County Medical Malpractice Lawyers can help.
You must prove your Claim
A few basic requirements are necessary for a medical malpractice claim to be viable and you must show the following before you can pursue a claim with Chemung County Medical Malpractice Lawyers.
- You must have had a doctor-patient relationship with the healthcare professional you wish to sue.
- You must prove that the healthcare professional was negligent regarding their care of your health.
- You must prove that your injury was caused due to the negligence of a doctor, nurse or other healthcare professional.
- You must prove that the injury has caused harm that may include mental anguish, physical pain, lost work and earning capacity, additional medical bills or death.
If you or someone you care for can meet this standard of proof to determine if malpractice has been committed and harm has been caused, contact the Chemung Count Medical Malpractice Lawyers at DeFrancisco & Falgiatano, today, for a consultation.