Patients that are harmed by the action or inaction of their doctor or healthcare professional may be subjected to negligent behavior. Medical malpractice can cause long term health issues for patients or death. These instances of negligence include medical misdiagnosis, hospital-related infections, birth injuries and surgery errors.
A study performed by the John Hopkins University School of Medicine has found that medical malpractice may be the third cause of death, in the country, and is exceeded only by heart disease and cancer. This number does not include the instances of medical malpractice that may not cause death but cause injuries that are painful and financially burdensome. If you, or someone you care for, have suffered due to negligence by your doctor or healthcare, professional legal remedies are available from Chenango County medical malpractice lawyers at DeFrancisco & Falgiatano.
We are available to those in Norwich, Coventry, Bainbridge, Sherburne and the other communities of Chenango County and are positioned to review potential malpractice cases against the staff of Norwich Hospital/UHS Chenango Memorial, St. Joseph's Hospital, Guthrie Corning Hospital, Arnot Ogden Medical Center, and other facilities.
Examples of Medical Malpractice
Negligent Behavior - The failure to exercise the care that a reasonably prudent person would exercise in like circumstances can lead to negligent behavior. Medical malpractice is a 'type of negligence' committed by licensed professionals who fail to provide their services per standards set by the governing body that issues their license. Both negligence and malpractice lawsuits are tried in civil court. The criteria for proving a case is duty, breach, causation, and damages.
Birth Injuries from Negligence - Birth injuries, not birth defects, can affect the mother or child, during pregnancy and at birth by a doctor or healthcare professional and can lead to medical malpractice. Birth injuries include wrongful pregnancy or birth and the instance of medical malpractice include the failure to properly monitor the baby's oxygen levels or the failure to control excessive maternal blood loss by the mother.
Surgical Errors - Surgical errors occur when preventable mistakes are made during surgery, such as leaving surgical instruments, medical equipment, sponges or other odd items inside the patient. Medical malpractice can be due poor communication between the surgical team, incompetence, inefficient planning, or improper work processes. A Chenango County medical malpractice lawyer knows how to determine if you have a lawsuit due to the negligence of a healthcare professional.
Neurosurgery Errors - The riskiest type of medicine practiced is neurosurgery. Specializing in surgery of the nervous system and brain, neurosurgeons face the same challenges of other medical professionals and medical malpractice can occur for the same reasons. Negligence, improper work processes, inefficient planning, and poor communication among the surgical team can lead to mistakes that can cause you injury or death. It will take the professional services of Chenango County medical malpractice lawyers to determine whether you have a case.
There is a Problem and the Medical Community Knows This
Risk management professionals are working to stem medical malpractice in medical facilities but they have not fixed the problem yet. The fact that a third of deaths per year are caused by medical malpractice should be a cause for alarm and more should be done to fix the problem. Anyone who seeks medical care, today, is at risk of negligent behavior by their doctor or other healthcare professionals. If you find that you have been injured due to the negligent behavior of a healthcare professional, Chenango County medical malpractice lawyers can help you get recompense for any damages due to their negligence.
Can you prove a Claim?
A few requirements must be met to determine if you have a viable claim and you must be able to prove the following in order to pursue a lawsuit with Chenango County medical malpractice lawyers.
- A doctor-patient relationship must have existed with the health care professional that you want to sue.
- You must prove that the doctor or healthcare professional was negligent regarding your health while under their care.
- You must be able to prove that your injury was caused by negligence by the doctor, nurse, or other healthcare professional.
- You must prove that the medical malpractice caused harm that may include mental anguish, physical pain, additional medical bills, lost work, diminished earning capacity or death.
If you or someone you know can meet the standard of determining that malpractice has been committed and you or they have been harmed, contact the offices of DeFrancisco & Falgiatano today.