Broome County Medical Malpractice
You may not even realize you were a victim of medical malpractice until you start experiencing new health issues. The Broome County medical malpractice lawyers, DeFrancisco & Falgiatano, can help you figure out what you can do about your possible medical malpractice case.Our firm serves all of Broome County, New York, including:
Medical malpractice can occur with private doctors, nurses, physician assistants, nurse practitioners, or anyone in the medical community. Medical facilities in Broome County where our law firm has handled medical malpractice cases include:
- Binghamton General Hospital
- SUNY Binghamton Infirmary
- Our Lady of Lourdes Memorial Hospital
- Wilson Memorial Regional Medical Center
- Any United Health Services (UHS) facility
- Broome County Preventative Health Clinic
- Chenango Memorial Hospital
- Delaware Valley Hospital
- Guthrie Healthcare facilities
No matter the reputation of the facility, there is no guarantee you won't fall victim to medical malpractice there.What Exactly is Medical Malpractice?
Medical malpractice is a form of negligence that leads to injury, or other harm, by a physician or medical facility. It means a physician or medical facility
- did not follow proper procedures,
- withheld information,
- caused a preventable accident,
- or generally gave poor care.
Negligence can manifest itself in any of a number of ways. However, negligence alone is not enough to pursue a medical malpractice lawsuit.The Elements of a Medical Malpractice Case
In order to file a lawsuit for medical malpractice, you must prove four things.
A duty of care - You must prove the physician or facility had a duty of care towards you. This means you had a contract or agreement with the physician or facility. Generally, you can prove this with doctor's notes, bills, or correspondence between you and the facility.
An act of negligence - Negligence is not the same as an accident or bad outcome. Accidents happen. If the physician took all precautions to prevent them, and one still happens, then it's hard to say negligence was at play.
Injury or harm - The act of negligence must result in injury, or some kind of harm. For example, if a doctor prescribes you the wrong medication, it's an act of negligence. But if that error results in no injury or harm, then it's not usually grounds for a medical malpractice case.
Quantifiable damage - You must have quantifiable damage from your injury or harm. Even with an injury, it's not always enough to press a claim. You must show that injury has negatively affected your life in very real ways.
To gain a better understanding of medical malpractice, it can help to learn about some of the different types of medical malpractice that can occur.Surgery and Neurosurgery Malpractice
All surgeries have room for errors. This is why surgeons have to go through years of post-doctoral training before they can operate. Unfortunately, negligence can, and does, still occur. A surgeon can commit any of the following errors:
- Operate on the wrong body part
- Leave a surgical instrument inside of a patient
- Make anesthesia errors
- Fail to give anesthesia
- Give the wrong anesthesia
- Give too much anesthesia
- Give too little anesthesia
- Never discuss anesthesia
- Damage an organ
- Perform surgery for the wrong neurological disorder
Many more things can go wrong with surgery. Possible negligence is not limited to the operation itself. All procedures leading to the operation, and all procedures that should occur post-operation, come with the possibility of negligence.Prenatal, Postnatal, and Childbirth Negligence
Complications that occur during any stage of childbirth can occur because of negligence. Negligence during prenatal, postnatal, or during delivery can lead to injury to mother, fetus, or new baby.
Prenatal negligence can include:
- giving the wrong medications,
- not monitoring the fetus properly,
- or failure to inform the mother of possible disabilities.
Negligence during delivery can include:
- improper delivery techniques,
- failure to suggest a C-section when medically necessary,
- or performing a C-section when not medically necessary.
Postnatal and neonatal malpractice can include
- failure to monitor the mother or the newborn properly,
- failure to treat obvious injury or issues,
- or failure to chart and document properly.
Many things can go wrong naturally. Adding negligence to the mix can create long lasting problems for both mother and child.Do You Have a Case? Ask our Broome County Medical Malpractice Lawyers
It's not always easy to say if you have a legitimate malpractice case or not. It's more than just your word against the physician or facility. It's all about coming up with concrete, verifiable proof. If you suspect that you, or a loved one, was a victim of malpractice, then you should immediately contact us, the Broome County medical malpractice lawyers at DeFrancisco & Falgiatano.