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Troy Medical Malpractice Attorneys

Filing a Medical Malpractice Claim or Lawsuit

When we visit doctors for routine services or undergo medical procedures, we trust that our healthcare providers will abide by a certain standard of care. In fact, medical practitioners and facilities are required by law to uphold what is known as the “acceptable standard of care,” or the standard of care another qualified provider would adhere to in the same or similar circumstances. When doctors, nurses, surgeons, dentists, hospitals, and others fall short of this standard, innocent patients can suffer immense harm.

If you were injured or if someone you love died due to medical malpractice or negligence, E. Stewart Jones Hacker Murphy is here to help. We recognize the incredibly difficult time you are going through, and our Troy medical malpractice attorneys are prepared to stand up for you and your rights. We can help you seek the fair compensation you are owed for your subsequent medical bills, lost wages, disability, pain and suffering, and other damages.

Reach out to our team today at (518) 284-3183 to schedule a no-cost, no-obligation consultation with a member of our team.

Proving a Medical Malpractice Case in New York

Medical malpractice claims are notoriously among the most complex of all personal injury cases. This is because proving liability in medical malpractice claims is often very challenging. It is not enough to prove that a doctor or another medical provider failed to heal your injury, illness, or condition or that you got worse after treatment. Instead, you must prove that your healthcare provider deviated from the accepted standard of care, either by doing something that another qualified healthcare provider would not have done or by failing to do something another qualified healthcare provider would have done in the same or similar circumstances.

You must also prove that you were injured, harmed, or otherwise suffered losses as a result of this conduct. Even if your doctor or healthcare provider was clearly negligent, if you were not injured, you do not have a case.

Additionally, it can be difficult to determine exactly who is liable for a victim’s injuries and damages. For example, if a medical professional is employed by a hospital, and that medical professional negligently causes injury, the hospital itself could be liable. In other instances, when medical professionals are independent from the institutions in which they work, claims can be brought directly against the negligent provider.

What Are the Most Common Examples of Medical Malpractice?

Any deviation from the accepted standard of care that results in bodily injury or death may be considered medical malpractice. However, some types of medical negligence and malpractice are more frequently the subject of litigation than others.

According to numerous studies, the most common types of medical malpractice in the U.S. include:

  • Misdiagnosis, including cancer misdiagnosis
  • Failure to recognize symptoms, including heart attack and stroke symptoms
  • Delayed diagnosis or failure to diagnose
  • Surgical errors, including wrong-site surgery and left-behind objects
  • Unnecessary surgery
  • Anesthesia errors
  • Medication and pharmacy mistakes
  • Hospital-acquired infections
  • Failure to treat
  • Emergency room/department errors
  • Poor follow-up care
  • Early discharge

Often, victims of medical malpractice and negligence suffer serious injuries, which could lead to significant impairments, permanent disabilities, and life-threatening complications. In the most tragic of cases, medical providers’ acts of negligence are fatal.

Compensation for Medical Malpractice Victims

Victims of medical malpractice and negligence may be entitled to compensation for their damages. “Damages” is a legal term used to refer to the collective losses a person experiences as a result of someone else’s negligence or misconduct.

Some examples of damages in medical malpractice claims include:

  • Medical expenses associated with treatment for resulting injuries
  • Ongoing and future medical care costs
  • Lost income, wages, and employment benefits
  • Loss of or diminished earning capacity
  • Pain and suffering, including emotional distress
  • Costs associated with home modifications to accommodate a disability
  • In-home assistance and medical care

In some cases, victims or their surviving family members may be entitled to punitive damages. Also known as exemplary damages, punitive damages are not meant to compensate victims for specific economic or non-economic losses but, rather, to punish defendants for egregious negligence or wanton, willful, or intentional misconduct.

Our Troy medical malpractice attorneys at E. Stewart Jones Hacker Murphy can evaluate your case and determine the potential value of your claim during a free, no-obligation consultation. Reach out to us today to learn more or to schedule an appointment.

Your Time to File a Medical Malpractice Lawsuit Is Limited

In New York, most medical malpractice lawsuits are subject to a 30-month statute of limitations. This means that you typically have just one year and six months to sue the liable party. Under the discovery rule, the 30-month deadline may be deferred from the date on which the injury was discovered or reasonably could have been discovered. Additional exceptions may apply; we encourage you to get in touch with our firm right away to avoid losing your right to recover compensation for your damages.

At E. Stewart Jones Hacker Murphy, we provide complimentary consultations and contingency fees, meaning you do not pay anything unless we recover a settlement or verdict for you.

Call (518) 284-3183 or fill out and submit a free online case evaluation form today.

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