Cayuga County Medical Malpractice
If you believe you suffered an injury or other harm because of a healthcare provider's negligence, then you may have a legitimate medical malpractice case. The Cayuga County medical malpractice lawyers at DeFrancisco & Falgiatano can help you to determine if you have a case or not. We serve all parts of Cayuga County, including:
- Fair Haven
Some specific places where medical malpractice can occur in Cayuga County include:
- Auburn Community Hospital
- Laser Spine Institute
- Cayuga County Mental Health Center
- Pregnancy Care Center of Cayuga County
- Cayuga Medical Center
- Urgent Care of Auburn
- Moravia Medical Center
- East Hill Family Medical
Medical malpractice can occur at any medical facility. It can also happen anywhere with any healthcare provider. That includes home health services, pharmacies, free clinics, etc.Understanding Medical Malpractice - Is it Malpractice or Not?
Medical malpractice occurs when a healthcare professional or facility gives substandard care that leads to injury. Substandard care is an important aspect, as it equates to negligence. If the care is appropriate, but injury still occurs, its possible malpractice wasn't at fault.
For example, you see a surgeon. The surgeon does what he or she is supposed to.
- Tells you about the procedure
- Tells you of the possible risks, even the most improbable ones
- Walks you through the process
- Gives you forms that tell you everything you need to know
Unfortunately, the surgery is a failure, your condition worsens, and you still have to pay for it all. If the surgeon followed the standard procedures, and warned you of the possibility of failure, then it's not usually a case of malpractice.
But what if the surgeon:
- skips steps in the procedure,
- does not warn you of risks,
- or performs in ways other surgeons wouldn't?
Then the surgeon is giving substandard, negligent care. If negligence leads to an injury, it's medical malpractice.Turning Negligence Into a Medical Malpractice Lawsuit
The laws governing medical malpractice require you to bring your case within a specific timeframe. In addition, your claim must have proof of the following:
- The healthcare facility or personnel was expected to provide you care
- You received substandard care, or the care deviated from standard practices
- That substandard care was the cause of your injury
- That injury caused you financial, emotional, or other damage
- Losing out on current or future work
- A highly degraded quality of life
- Mounting medical bills from dealing with the issue
- The inability to provide for family
Many general forms of medical negligence often turn into medical malpractice cases.
General Medical Negligence
In any medical setting, negligence can happen in these general ways:
- Error in diagnosis
- Failure to diagnose
- Failure to name risks (which allows for informed consent)
- Prescribing incorrect medication (or incorrect dosages)
- Failure to provide adequate post-op care or instruction
Medical Malpractice Involving Childbirth
Substandard treatment during a pregnancy can lead to harm to the mother, as well as to the fetus. For example, a physician may fail to test the expectant mother for conditions that can negatively affect the fetus. This can lead to birth defects.
Medical Malpractice Involving Neurosurgery
Neurosurgery comes with many possible paths to negligence. For example, a neurosurgeon can perform an epilepsy surgery with no complications. However, it's still possible for the nurses at the facility to give you improper care instruction for after the surgery.
This can lead to further complications that can negatively affect your quality of life severely. Even if the doctor wasn't negligent, the facility was, which still makes it a case of medical malpractice.
Medical Malpractice Involving Surgery in General
All forms of surgery can lead to injury due to negligence. It's not just the operation itself where something can go wrong. Negligence can occur at the very start with a faulty diagnosis. For example:
- a misdiagnosis can lead to injury from an unnecessary surgery,
- or a surgeon may make an unnecessary cut while you're under anesthesia.
Considering the variables involved with medical malpractice, it helps to speak to a group that knows how malpractice cases work. Medical malpractice cases involve
- dealing with healthcare insurance companies,
- performing the investigations necessary to dig up proper proof,
- finding expert witnesses,
- and filing the correct paperwork, the correct way.
These things aren't easy and often require guidance in order to deal with the process the right way. For these reasons and more, you should immediately contact the offices of DeFrancisco & Falgiatano to talk about your possible options with our Cayuga County medical malpractice lawyers.