When you need to go to the doctor’s office for routine tests or procedures, you do not expect to be in worse condition when you are done. People look to doctors and hospitals as a place to find healing. When things go wrong, and you end up with worse conditions due to a physician’s error, you have cause for a medical malpractice claim. Medical malpractice is more common in the United States than people like to think, according to a CNBC.com article.
When medical malpractice occurs, it can have detrimental results. What may have been a simple problem could now be a life-altering issue. You should not have to suffer because of another person’s careless actions. If something like this happened to you, seek compensation owed to you under the law. A Buffalo medical malpractice lawyer at Morelli Law Firm will help you file a legal claim for your injuries.
It is normal to be apprehensive about a medical error. You may not know what to expect next. However, with an attorney by your side, you can rest easy, knowing they will fight for you.
Morelli Law Firm’s investigative attorney team will provide you the necessary support to negotiate for a fair settlement in your case. We have gone face to face with many big companies and managed difficult cases.
At Morelli Law Firm, our goal is to create a solid case before we go to the negotiation table to seek a financial settlement upfront. This often keeps the case out of court, which is beneficial for all involved. Enlist a fighter like Morelli Law Firm by calling (212) 751-9800. A member of our team will give you a free, no-obligation case consultation today.
Medical Malpractice Defined
You may be wondering if your case meets the criteria for medical malpractice. It is crucial to have a legal understanding of what this term means because medical malpractice laws protect patients from doctor negligence. However, some requirements must be met to be considered a medical malpractice case. They are as follows:
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Connection Between the Doctor and Patient
This seems obvious, but there needs to be a clear doctor-patient relationship between the two individuals. It cannot be a “friend” who happens to be a doctor.
Negligence on the Part of the Medical Worker
The medical worker must have acted negligently in some way. This can be through wrong diagnosing or prescribing.
Injury to the Patient
The doctor’s actions resulted in injury or harm.
Injuries from a Medical Malpractice Case
The types of injuries you may suffer when a doctor is negligent depends on the circumstances. However, there may be physical injuries as well as mental anguish. Some people may lose their lives. In this case, you can file a wrongful death claim if you are the loved one of the deceased.
You may be able to collect financial damages for the following:
- Physical injuries and further medical costs
- Emotional pain and suffering
- Lost wages due to being out of work
- Future earnings
- Disability if applicable
Types of Medical Malpractice
When considering medical malpractice, three main types exist. A lawyer will focus on building a case that presents evidence that points to one of these areas. These are as follows:
Treatment mistakes — this happens when the doctor prescribes the wrong treatment. This can result in detrimental consequences. You may have a reaction to the improper treatment. You should not have to suffer because of a doctor’s failure. An attorney will ensure you are treated fairly.
Diagnosing mistakes — a missed diagnosis or inaccurate diagnosis is just as bad as an incorrect treatment. If you have a disease, you want to start treating it right away. However, if a doctor overlooks a diagnosis due to negligence, you can have worse complications or injuries.
Not revealing possible risks — if a doctor fails to tell you about the known risks for injury or harm with a procedure or treatment, then they are failing in their duty to you. This is a liability too.
Does your situation fit any of these conditions? If so, consider consulting with a Buffalo medical malpractice lawyer to help guide you through the process of financial recovery. Morelli Law Firm will take your case on and ensure you have fair representation. Contact a team member for a no-obligation consultation.
Laws in a Medical Malpractice Case
Medical malpractice laws exist in every state to protect the patient. You have protections in the law in case something happens. However, you do have a timeline to follow as well. In New York Civil Practice Law & Rules (CVP) §214-A, it states the following about malpractice cases:
“Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions. An action for medical, dental, or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury, or condition which gave rise to the said act.”
This timeline is the statute of limitations. There are some exceptions to this timeframe, so it is critical to contact a lawyer as soon as possible to discuss your options. They will get started building your case.
Contact a Buffalo Medical Malpractice Lawyer
At Morelli Law Firm, we are ready to begin investigating your case and building the evidence. We realize that this may be a difficult situation for you right now, and we work to alleviate the burden from your shoulders. We will exhaust every resource to help bring justice in your case.
Do not continue with your medical suffering. You have a legal advocate ready to fight for you. Call Morelli Law Firm at (212) 751-9800. A member of our team will provide you a no-obligation case consultation.