Blood is involved with every tissue and organ. Hematologists are doctors who specialize in studying blood and blood diseases. They often treat people who have leukemia, lymphoma, sickle-cell anemia, and hemophilia. They work closely with other specialists to develop treatment plans for patients. Unfortunately, hematologists sometimes make mistakes, and in so doing can cause grievous harm to a patient. If you were harmed by hematologist malpractice, you should call the Syracuse medical malpractice attorneys of DeFrancisco and Falgiatano to review your case.What Do Hematologists Do?
Hematologists are often called in to consult when specialized care related to a blood disorder is required. They coordinate patient care and work with radiation therapists, surgeons, gynecologists, and other specialists. They may work in hospitals, private clinics, labs, cancer centers, and blood banks.Hematologist Malpractice
Hematologist malpractice cases are rare. They may arise under a wide range of circumstances. For example, malpractice may occur in connection with a mistake made by a hematologist while ordering drugs or it may occur in connection with misdiagnosis of a blood disorder. Not every error made by a hematologist will constitute medical malpractice. In order to show hematologist malpractice, you will need to show it’s more likely than not: (1) there was a doctor-patient relationship between the hematologist and you, (2) as a result, the hematologist owed you a professional standard of care, (3) the hematologist failed to meet that professional standard, (4) the failure caused you harm. The court will look at what a reasonable hematologist in or around Syracuse would have done under the same or similar circumstances.
A hematologist may breach the professional standard of care in many different ways, including by failing to diagnose or treat a blood disorder, or by misinterpreting test results. For example, a hematologist’s failure to diagnose a patient with HIV could constitute malpractice, depending on what other prudent hematologists would have done when presented with the same symptom history and test results. Alternatively, if a patient required an emergency plasma exchange transfusion, and the patient wasn’t transfused because of a miscommunication between the hematologist and an on-call nurse, this could also constitute hematologist malpractice.
Often medical malpractice cases turn into battles of experts. In order to establish liability, you will likely need to retain an experienced and credible expert hematologist, who will testify about the professional standard of care, how your hematologist deviated from it, and causation. In some cases, it may be necessary to retain a separate expert on the issue of damages suffered because of the hematologist’s errors.Certificate of Merit
In New York, the plaintiff’s attorney must file a certificate of merit in a hematologist malpractice lawsuit. The certificate should include a declaration that the lawyer reviewed the facts of the case and consulted with at least one doctor, likely a hematologist, who the lawyer reasonably believes is knowledgeable in the relevant issues and that reasonable grounds exist for commencing an action.Damages
Medical malpractice damages seek to compensate the victim for their economic and noneconomic losses. Economic losses cover medical bills, lost income, replacement services, and out-of-pocket costs. The plaintiff may recover noneconomic losses for pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium. The amount of damages depends on the extent of the harm. An experienced attorney will ask you questions about what your life was like prior to the medical malpractice and what it was like afterward, not only in terms of work, but also in terms of recreation, daily living, and relationships, and present these losses to the jury in an appropriate form.Consult a Seasoned Lawyer in Syracuse
Hematology is a highly specialized area, and you may not be sure whether a hematologist’s error caused your harm or the death of a loved one. It’s important to work with an attorney who understands the intricacies of medical malpractice, knows how to work up a case, and has experience presenting complicated technical evidence to a jury. If you are concerned about hematologist malpractice, contact DeFrancisco & Falgiatano. We represent patients and their families in Rochester, Syracuse, and other cities around Upstate New York, including in Cooperstown, Auburn, Oneida, Canandaigua, Binghamton, Lyons, Oswego, Watertown, Wampsville, Elmira, Herkimer, Ithaca, Lowville, and Utica. Please contact us at 315-479-9000 or by completing our online form.