We have to trust that medical professionals know what they are doing when they do their job. So, it’s heartbreaking when our trust is broken through an act of negligence or reckless behavior.
When you become the victim of a medical malpractice case, you do have a legal remedy. A Yonkers medical malpractice lawyer at Morelli Law Firm can help you seek compensation and monetary relief for your injuries.
Our personal injury lawyers in Yonkers have recovered over a billion dollars for our clients. We’re not afraid to go to trial for complicated cases like medical malpractice claims. Call now to learn if you have a case and how we can help you.
Medical Malpractice Defined
Medical malpractice is a serious issue that can have devastating consequences for patients. Whether it involves a surgical error, misdiagnosis, or medication mistake, medical malpractice occurs when a healthcare provider fails to provide the standard of care expected and harms you. Unfortunately, these incidents happen more frequently than many people realize.
Proving medical malpractice can be difficult because medicine is an uncertain art. That’s why there are standards of care that show the line where medical treatments become negligent.
If you believe you have been a victim of medical malpractice, it is important to seek legal help as soon as possible. Our attorneys can review your case, gather evidence, consult with medical experts, and help you pursue compensation for your injuries and losses.
Elements of Malpractice Claims
Three things must be present to make a valid medical malpractice claim. First, there must be a doctor-patient relationship established between the healthcare provider and you. This shows that the healthcare provider owed you a duty of care.
Second, the healthcare provider must have breached that duty of care by failing to provide treatment or care that meets the standard expected in their profession. This breach can be through negligence, errors in diagnosis or treatment, lack of informed consent, or other actions that fall below the standard of medical care.
Third, this breach of duty must have directly caused harm to you or your loved one. The harm can be physical, emotional, psychological, or financial. It must be proven that the healthcare provider’s actions (or lack of actions) directly led to this harm.
Types of Medical Malpractice Cases
Most victims will be harmed in one of the following ways by a medical provider:
Negligence in Diagnosis
This happens when a doctor misses a critical diagnosis or diagnoses the wrong ailment in a patient. All treatment flows from the diagnosis, so if a doctor or a nurse practitioner gets it wrong, it’s very easy to harm a patient.
Treatment Error
When a doctor prescribes the wrong treatment for an illness, disease, or condition, your health can take a turn for the worse. Examples would be:
- Anesthesia errors
- Giving you the wrong medication
- Leaving a foreign object in the body
- Incorrect treatment during labor causing a birth injury
Failure to Warn
Patients have the right to know if a treatment or medication may have negative side effects or dire consequences. A doctor must inform you about the risks.
When breaking the standard of care creates medical negligence, patients suffer medical malpractice injuries. These injuries are more than painful; they can create devastating financial losses.
With the help of a personal injury attorney from Morelli Law, you can hold medical providers accountable for their actions.
Steps to Take if You Suspect Medical Malpractice
If you believe you or a loved one is a medical malpractice victim, acting promptly and decisively is crucial. Here are the steps you should consider taking:
Prioritize Your Health
Your well-being comes first. Seek immediate medical attention from a different medical provider to address ongoing health issues and document your condition.
Gather and Preserve Evidence
Collect all relevant medical records, including:
- Doctor’s notes
- Test results
- Prescription information
- Hospital discharge summaries
Keep a detailed journal of your symptoms, treatments, and conversations with healthcare providers.
Report the Incident
While it’s natural to feel angry, avoid confronting the healthcare provider directly. This could complicate your case.
Instead, file a formal complaint with the healthcare facility where the malpractice occurred. This creates an official record of your concerns.
Be Cautious With Insurance Companies
If an insurance company contacts you, be wary of making statements or accepting early settlement offers without legal advice. The insurance company will want to pay you as little as possible.
In a malpractice situation, they’ll likely claim that you weren’t as harmed as you say you were or that your medical provider acted within the standards of care. We can challenge this claim.
Consult a Yonkers Medical Malpractice Lawyer
Contact an experienced medical malpractice attorney as soon as possible. At Morelli Law Firm, we can:
- Evaluate the merits of your case to see if you have a medical malpractice claim.
- Explain your legal rights and options.
- Help preserve critical evidence like medical records.
- Consult with experts about medical standards for health care professionals to see where errors were made.
- Handle communications with insurance companies and health care providers.
Don’t let a medical professional’s negligence go unchallenged. Contact our experienced attorneys for a free consultation if you suspect medical malpractice.
Statute of Limitations in a Medical Malpractice Case
Every state requires that people with a medical malpractice case file a claim promptly. This is referred to as the statute of limitations. New York’s medical malpractice law Section 214-A states you must file your lawsuit within two years and six months.
This may seem like enough time, but consider the fact that you may want time to negotiate with an insurance company to see if you can reach a fair settlement. An initial offer does not always fairly cover your losses, so you may want time to negotiate.
The sooner you get started with consulting us, the sooner we may be able to begin building your medical malpractice lawsuit. You do not have to let a negligent medical professional get away with causing you avoidable injuries without pursuing legal action.
Consider a Yonkers Medical Malpractice Lawyer
At Morelli Law Firm, our Yonkers medical malpractice lawyers can help you claim recoverable damages for the following harms you’ve suffered due to medical malpractice:
- Medical expenses
- Lost wages
- Future earning reduction
- Disability
- Emotional distress and suffering
- Loss of consortium
- Loss of enjoyment of life
- Additional non-economic damages
You do not have to suffer without a legal advocate who can fight for you. Get in touch with a Yonkers medical malpractice lawyer by contacting Morelli Law Firm. We can provide you with a free no-obligation case consultation.
