Are You a Victim of Medical Malpractice?

Medical malpractice endangers all New Yorkers. CNBC reports on a study by Johns Hopkins that found medical malpractice to be the third-leading cause of death in the United States. Johns Hopkins reported that over a quarter-million deaths occur every year in the United States as the result of medical errors.

When negligent providers or facilities are not held accountable for substandard care, other innocent patients can be placed in danger. Unsuspecting parents may bring their children to a negligent doctor. Elderly patients who see many doctors may face an even greater risk of harm, simply by the number of providers who give them medical care. This is why it is so important to hold negligent medical providers and facilities accountable for medical malpractice. This is accomplished by asserting your right to be compensated for injuries caused by medical malpractice.

If you or a loved one has suffered injuries or wrongful death as the result of medical malpractice, you have the legal right to be compensated for the losses you have sustained. You also find yourself in a position of protecting other innocent patients from suffering the same type of harm. It is therefore highly important that you consult with an experienced New York medical malpractice attorney in order to protect your legal rights. At Russo Law LLP, our attorneys have more than a decade of experience in protecting the rights of New Yorkers who have been injured by errors in diagnosis and treatment. Call us 24/7 to schedule your consultation with our experienced, licensed medical malpractice attorneys.

Who Can Be Held Liable for Medical Malpractice?

The medical field is highly regulated. Doctors and staff members must be licensed by the state in order to render medical treatment to the public. Because of this, the state is highly concerned with protecting the public from license holders who give substandard care. Licensing agencies accept complaints of professional violations against all license holders, including:

• Medical doctors (MDs)
• Osteopathic doctors (DOs)
• Surgeons
• Surgical technicians
• Nurses
• Pharmacists
• Pharmacy technicians
• Dentists
• Dental hygienists
• Physical therapists
• Psychologists and counselors

In addition to a professional complaint, an injury victim has the right to file a civil lawsuit against a negligent medical professional. Medical facilities can also be held liable for medical malpractice committed by their staff members (and in some cases, independent contractors). This is because an employer is generally liable for any negligence committed by its employees acting in the scope and course of their employment.

For example, a hospital could be held liable for the damage caused by a doctor who fails to properly diagnose an injury. A pharmacy could be held liable for the damage caused by a technician who fills a prescription with the wrong medication. It is very difficult - if not impossible - for employers to overcome this liablity when their employees’ acts were clearly negligent. This is because the law protects innocent members of the public who rely upon licensed medical professionals and facilities to render safe treatment.

What Damages Am I Entitled To?

The exact value of your damages for medical malpractice depends upon the type of injury that was sustained:

• When medical malpractice results in injury to the victim, the victim bears the legal burden of proving the value of that loss. Some injuries are fairly straightforward. If, for example, a doctor accidentally fractured a bone, the victim might require surgery and a cast to correct the mistake. The cost of physical therapy might be included, as well as the lost wages incurred from any time off work. These are expenses that can be easily documented and are easy to attribute to the fracture.
  
• Other medical malpractice claims present even more complicated valuations. A doctor who fails to diagnose a fast-moving cancer might cause the patient a lost opportunity to treat the cancer with aggressive chemotherapy or radiation. The patient is entitled to compensation for this lost chance. But how can one possibly put a value on the chance of surviving cancer? These types of cases often go to a jury. Insurance companies rarely offer fair compensation for such an important loss during the settlement process.
  
• In the most severe cases, medical malpractice can result in wrongful death. In these cases, surviving family members are entitled to compensation for the loss of love and companionship of the victim. There are also economic damages, such as the value of lost wages the victim could be expected to earn had he or she lived, as well as the cost of medical care made necessary before the death as a result of the medical malpractice.

Of course, not all medical malpractice cases are easy to evaluate. Often, patients are suffering from serious underlying conditions when they go to see a doctor. If the doctor then commits malpractice, it can be difficult to separate the patient’s underlying condition from the extra damage caused by the doctor’s negligence. This is why it is so important to get reliable advice from an experienced medical malpractice attorney. At Russo Law, we will know what expert witnesses to consult with, and how to present the evidence of the specific damage caused by the negligent doctor. It is important to both support your claim with evidence and expert witness testimony and also present the claim to a jury in a way its members can easily understand.

The Right Attorneys for Your Malpractice Case

Medical malpractice regularly causes devastating losses - and even death - to victims. It is important to hold negligent medical providers and facilities accountable in order to protect other innocent patients from being harmed. Across New York City, medical malpractice victims trust the experienced lawyers at Russo Law to protect their legal rights. We offer dependable legal advice combined with unparalleled customer service. Unlike other law firms, our attorneys make ourselves available for phone calls and in-person meetings with clients. We take the time to answer all your questions and ensure that you are comfortable with the legal process.

Call (914) 266-2722 today to learn how we can help. Same-day consultations are available.