Surgical Mistakes Rising to the Level of Medical Malpractice

Often time’s patients come out of surgery feeling in a way that was not expected.  They are left wondering if such is normal, or if they should be concerned.   Even if they discuss their concerns with the surgeon, they may still be left unsatisfied. 

The experienced Hudson medical malpractice attorney knows that surgeons and other medical professionals are not required to tell their patient that mistakes were made during their surgery.  Even worse, there is nothing that prevents the surgeon from lying to the patient with the claim that everything is fine.

That being the case, many patients turn to medical malpractice attorneys to have their problem investigated.  Upon consultation and retainment, the attorney will investigate the facts that which surround the patient’s surgery by reviewing medical records and by enlisting the help of medical experts. 

The patient may expect financial recovery from the offending surgeon if the patient was injured by a negligent act committed by a medical professional.  Of course, the negligence must have occurred while the patient was treated by the offending doctor. 

Negligence in the medical setting is what attorneys call medical malpractice.  If a duty of care is owed to a person, and that duty is breached, the offending party will be liable for damages if the breach caused the other person injuries. 

In the course of the doctor patient relationship, surgeons owe a duty to the patient.  The surgeon must follow the standard of care prescribed by the profession in that community.  Any other deviation there from is negligence if another surgeon in the area would not have committed the offending act or omission. 

The ways in which a surgeon can commit malpractice during surgery are limitless.  With that said, there are common errors that have happed in the past and they continue to happen.  Here are some examples.

·         Wrong site surgery;

·         Surgery on the wrong patient;

·         Surgery in which the wrong limb is amputated;

·         Leaving a foreign object inside a patient’s body; sponges, pads, gloves, needles, etc;

·         Organ puncture;

·         Misdiagnosis or failure to diagnose;

·         Bowel perforations;

·         Severed, nicked, or cut veins;

·         Lack of informed consent;

·         Anesthesia errors;

·         Excessive bleeding;

·         Excessive scarring; and

·         Delayed surgery.

As a parting note, please realize that more than just the surgeon can be held liable for a mistake made during surgery.  Any medical professional that took part in the surgery and contributed to the negligent harms committed to the patient can be held accountable.  This includes, nurses, assistants, anesthesiologists, technicians, etc.  Moreover, the professionals that treated the patient prior to and after the surgery can be accountable as well if they too negligently injured the patient.

The attorneys at Greenberg and Greenberg handle medical malpractice cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Wrongful Death in Medical Malpractice Cases

Medical professionals, such as doctors and surgeons, will at some point hold the lives of their patient’s in their hands.  Their decisions and actions could have a direct impact of the patient and determine whether that patient lives or dies.  Since this is the case, medical professionals are held to a higher standard of care than other types of professionals due to the superior knowledge and experience that they should have acquired prior to this crucial moment.  When medical professionals are careless or have committed wrongdoings, this could lead to the patient’s death. 

Wrongful Death Actions in New York Related to Medical Malpractice

In New York, the representative(s) of a decedent’s estate may bring a lawsuit against the medical professional or the facility they allege is responsible for the decedent’s death.  In most cases, these actions are brought by close relatives of the deceased person, such as a spouse, child, or parent.  This is provided for under New York Estates, Powers, and Trusts Law Section 5-4.1.  To learn more about who can bring a wrongful death action in New York on behalf of the decedent, click on this link and learn more from article written by our experienced wrongful death attorneys.

In wrongful death lawsuits in New York, a family could be entitled to financial compensation for the loss of income and support.  However, they may not be entitled to emotional damages.  Compensation can include awards for lost earnings, loss of potential earnings, medical and funeral costs, and the pain and suffering of the decedent prior to death.  There may also be compensation to the family for the contributions the decedent made to the family.  This can include household work, caring for children, mowing the lawn, shopping, and cooking.

When an individual is caused to pass away due to the negligence of another, the lawsuit must be brought within two years from the date of death.  This is called the statute of limitations, and any claim brought outside those two years will be barred forever.

Civil Actions

 When an estate representative brings a wrongful death action they are bringing a civil action.  In a civil action the penalties are generally monetary, in the form of financial compensation to the plaintiff.  The standard of proof in a civil action is a preponderance (or majority) of the evidence.  In a malpractice related wrongful death action, a defendant could be found liable if the judge and/or jury finds that it is more likely than not that the defendant was responsible for the death of the decedent.

Under New York law, the statute of limitations for medical malpractice is two and a half years from the act or omission complained of therein to be the wrongdoing.

The attorneys at Greenberg and Greenberg handle medical malpractice and wrongful death cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

The Statute of Limitations in Foreign Object Medical Malpractice Cases

In every civil action, plaintiffs must commence a suit within a very specific period of time.  The amount of time one has will vary depending on the claim.  Claims founded in medical malpractice have a 2 ½ year statute of limitations.  Time starts to tick once the act or omission being claimed has occurred.  This time period will start even if the patient is not yet aware that he or she has been the victim of medical malpractice.

There is an exception, however, that may extend the time in which a plaintiff has to commence suit.  Certain medical malpractice cases involve foreign objects being inadvertently left in a patient’s body.  It could take more than several years for a patient to discover the object.  New York courts have recognized this problem and adjusted the limitations period to accommodate these types of malpractice. 

This recognition first came about through case law in Flanagan v. Mount Eden General Hospital and was later enacted into law in 1975.  Known in the legal profession as the ‘discovery rule’, plaintiff’s who are suing because of foreign object malpractice have one year after the object was discovered to commence suit.  This applies even if the discovery occurred after 2 ½ years has already passed. 

Courts strictly apply this rule to foreign objects that were inadvertently placed in a patient’s body.  For example, while a pacemaker is not naturally found in a person’s body, it is not considered to be a foreign object.  This is because the pacemaker was put into the patient to treat the patient’s medical condition.  Therefore, only objects that should not have been placed into the patient are considered to be foreign objects.  Surgical clamps, gloves, sponges, and syringes are typical examples of foreign objects that medical professionals have left inside of patients giving rise to a negligence claim based on medical malpractice.

Victims of this type of negligence may suffer from extreme pain and discomfort for years until doctors finally find the problem.  If you or a loved one has endured this type of harm, an experienced Hudson medical malpractice attorney may be able to help.  You may be able to receive compensation for wages that you lost from missing work, money spent on additional medical care, and even for your pain and suffering.  Medical malpractice cases can be very complex.  Contact our attorneys today for help.    

The attorneys at Greenberg and Greenberg handle medical malpractice case throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Medical Malpractice 101: Hudson Medical Malpractice Attorney Explains the Important Basics

New York medical malpractice is a form of negligence.  Negligence is an event that occurs when one person or entity owes a duty to another person.  Any duty one owes to another is generally about not causing harm, using a certain level of precaution and care, and is about doing as a reasonable person would have done in a similar situation.  The duty could be a requirement to do, or not to so, something; an act or omission.  In the medical setting, medical providers have duties to not cause harm to patients and to properly treat patients.

The duty owed by medical professionals, also referred to as the standard of care, varies depending on several factors.  First, the region in which medical professionals practice affects the standard of care owed to patients.  Second, the specialty in which the professional practices affects the duty of care.  Third, different types of patients receive different standards of care.  For example, doctors who treat persons with diabetes must follow specific protocols in regard to treating diabetes patients.  Additionally, the patient’s age, race, sex, and secondary aliments may also affect how a doctor is required to treat him or her. 

This may sound very confusing to many people.  An experienced New York medical malpractice attorney will be able to help you figure out the standard of care that was due to you.  Further, expert testimony will be needed to testify as to what the standard of care is in each unique case. 

Once a medical professional fails to meet the requisite standard of care, he or she has committed an act of negligence.  But this alone is not enough to hold the practitioner civilly liable for your harm.  In order to be liable, the doctor’s negligence must have been the actual cause of your injury or damages.  This is referred to as causation and it must be proved at trial.

The injuries that you have suffered are referred to as damages.  Damages are broken down into several categories.  First are economic damages.  This includes the additional money you have spent on treating the injuries caused by the medical professional as well as lost earnings, and lost earning potential.  Then there are non-economic damages which compensate patients for pain and suffering.  Lastly, there are punitive damages.  Punitive damages seek to punish a medical professional for their negligence as a way to deter future medical malpractice.  Damages must also be alleged and proved during the course of a medical malpractice case.  Keep in mind that New York has not placed a cap on the amount of damages that you are entitled to receive in a Hudson medical malpractice case.

Lastly, in order to successfully hold your primary physician, dentist, nurse, or hospital liable for your harm, you must file suit within a specific period of time.  Attorneys refer to this as satisfying the statute of limitations.  The limitations period for medical malpractice expires 2 ½ years after the date of the negligence or after the date on which your continuous treatment ended.  In the case of foreign objects left inside your body, the limitations period expires one year after the date the object was discovered or after the date in which you received sufficient information to lead to such a discovery.   For a more detailed explanation of the statute of limitations, visit our page here for a blog post discussing the nuances of this important rule.

Because of the statute of limitations, you should quickly contact an experienced New York medical malpractice attorney if you or a loved one has been the victim of medical negligence.