Syracuse Medical Malpractice Lawyers

Many different parties may be liable in a medical malpractice case in Syracuse, including but not limited to:

• Physician;
• Surgeon;
• Anesthesiologist;
• Nurse;
• Nurse Practitioner;
• Hospital or other facility;
• Laboratory;
• Lab tech;
• Pharmacist; or
• Dentist.

Our Syracuse medical malpractice lawyers are dedicated to holding healthcare professionals accountable when they have harmed patients. Contact our Syracuse medical malpractice attorneys today for a free initial consultation to learn about your legal rights and recovery options.

Should I File a Medical Malpractice Claim? 

Many patients are dissatisfied with the level of care they receive from medical professionals. So much so that they might consider filing a medical malpractice claim against them. Patients may feel that doctors could have avoided injuring them if they had advanced their skills, been more careful, or used a different treatment. However, not every negative outcome necessarily gives rise to a viable legal claim against the healthcare provider. 

Even with advances in modern medicine, negative health outcomes still occur. Doctors may find unexpected problems they could not have foreseen, which can complicate medical procedures. A medical malpractice claim arises when a healthcare professional fails to provide medical care according to the accepted standard of care, which is the level of skill and knowledge other doctors with similar training in the same area of medicine would have used under similar circumstances. 

The best way to determine if your situation falls within this legal framework is to contact an attorney experienced in handling medical malpractice claims. At Powers & Santola, LLP, we have extensive experience handling these types of complex cases, so we can evaluate your situation, determine the standard of care that applied, and work with medical experts to determine if your medical provider breached it. Having a second medical opinion and an expert analysis can help your personal injury lawyer determine the viability of your legal claim.

If your lawyer determines you have a viable medical malpractice claim, you will need to seriously consider whether you are willing to take on the legal battle. Medical malpractice cases are often complex, so they can take significant time to resolve. Consider whether you’re ready to wait this long for your settlement check and whether you are prepared to talk about your private medical information in a public setting if your case goes to trial. 

Also, consider whether taking legal action may be able to prevent another patient or their family from having to endure such an ordeal, and what that could mean for you.  If you decide to proceed with your case, our Syracuse medical malpractice attorneys can guide you through the legal process compassionately and patiently. 

What Damages Can I Recover in a Syracuse Medical Malpractice Case?

In a personal injury case, the court is concerned with making the victim whole again. They can’t undo the harm a doctor caused, so their only recourse is to award you money from the negligent healthcare provider or their employer to help return you to the place you would have been in had the injury never occurred. Through a personal injury claim, you can seek compensation for the following damages:

• Medical expenses – Medical malpractice can cause you to require additional medical services, possibly including surgery. You might need to stay in the hospital or face extensive rehabilitation. You may also need to try new treatments that were not originally recommended by the doctor who misdiagnosed you or otherwise harmed you. You may also incur significant future medical expenses. You can seek compensation for these losses.
• Lost income – You can pursue compensation for lost wages, salaries, bonuses, tips, commissions, and other forms of income while you are recovering.
• Reduced earning capacity – If your injuries caused you to have to move to a lower-paying job or a permanent disability that prevents you from working in any capacity, you can seek compensation for the reduction of your long-term earning capacity. 
• Pain and suffering – While more difficult to quantify, you have a right to seek compensation for your physical and mental pain and suffering.
• Disability and impairment – In addition to seeking compensation for economic impacts of a disability you suffered, such as making home modifications to account for a wheelchair, you can also seek compensation that recognizes the profound impact disability has had on your life.
• Scarring and disfigurement – Some medical errors can result in scarring and disfigurement that negatively impact victims’ self-esteem. You can seek compensation for these negative effects.
• Reduced quality of life – Serious injuries can drastically reduce your quality of life. You can pursue compensation for the negative effects they’ve had on you.

What Is My Medical Malpractice Case Worth?

Every personal injury case is different. This is especially true for medical malpractice cases, which can range from a minor medical setback to major medical complications or even death. An experienced lawyer from our firm can thoroughly investigate the following factors to determine an approximate value of your claim:

• Type of injury – The type of injury you sustained can dramatically impact your case’s value. Minor injuries may yield a smaller award than more serious injuries.
• Severity of injury – If you suffered a severe injury, such as a traumatic brain injury, spinal cord injury, or other injury that causes a permanent disability or impairment, your claim could be worth more. After all, your future medical expenses can be significant, and your ability to work could be adversely affected. Your damages should fairly compensate you for the impact the injury has had on your life.
• Impact of the injury on your work – You have the right to seek compensation for your lost wages while you were seeking medical treatment or recovery. You also have the right to pursue compensation for any reductions in your long-term earning potential. 
• The extent of your pain and suffering – Medical malpractice injuries can be painful, as can the required additional medical treatment you might need. You should be fairly compensated for these intangible losses.
• The defendant’s identity and insurance coverage – If your claim settles, who the defendant is can have a significant impact on your medical malpractice claim. If your claim is against an individual doctor, the claim may not be worth as much as if it is against a hospital or large medical practice. The amount of medical malpractice insurance the defendant carries can also impact your claim’s value.
• Whether you contributed to your injuries – New York’s contributory negligence rules reduce the amount of compensation to personal injury victims in proportion to their percentage of fault in the accident. For example, if you didn’t follow your doctor’s orders or provide necessary information, your damages could be reduced if the judge or jury found you contributed to your injuries through these actions.
• How the injury has affected your life – The better you can document how the injury has negatively impacted your life, such as by not allowing you to enjoy favorite pastimes or hobbies, limiting your mobility, or negatively impacting your relationships with loved ones, the better. 

What Should I Look for in a Medical Malpractice Lawyer Near Me?

Medical malpractice victims have the right to choose a lawyer to represent them. Some of the reasons why we believe you should choose a medical malpractice attorney from Powers & Santola, LLP are because we have:

• Knowledge – Medical malpractice cases are widely recognized as the most complex personal injury cases. They often involve complicated intersections of the law and medicine, requiring you to work with a lawyer familiar with these complex topics and with a network of expert witnesses who can further illuminate facts to a jury.
• Legal experience – Due to their complex nature, you need to work with a medical malpractice lawyer with extensive experience handling medical malpractice claims. At Powers & Santola, LLP, we have decades of experience fighting to help injury victims who were harmed due to emergency room mistakes, surgical mistakes, prescription errors, errors in diagnosis, OB-GYN malpractice, and other medical errors. 
• A track record of success – At Powers & Santola, LLP, our experienced trial lawyers have secured life-changing results for clients, including several multi-million-dollar awards. 
• A strong reputation in the legal community – Powers & Santola, LLP is one of the nation’s leading law firms, consistently recognized by “U.S. News and World Report” and “Best Lawyers in America” as one of the nation’s best medical malpractice firms. Other attorneys often refer cases to us because they trust we can obtain favorable outcomes.
• Compassion – Our caring medical malpractice lawyers want what is best for you. We treat you like family and fight for you every step of the way. Our compassionate approach to client service and aggressive advocacy to secure results sets us apart from other law firms. You can learn more about working with us by reading our client testimonials.

After searching for a “medical malpractice attorney near me,” contact Powers & Santola, LLP. We can discuss your legal rights and options during a free, no-obligation medical negligence consultation. 

What Should I Do If I Suspect Medical Malpractice?

If you suspect a negligent doctor or other healthcare provider has harmed you due to medical malpractice, take these immediate steps to protect your legal rights:

Seek Medical Treatment from Another Doctor

The priority is your health. Even if you’ve had a bad experience with one doctor, you still need to seek medical care to alleviate the symptoms you are having. Schedule an appointment with another doctor. 

When you attend that appointment, explain the symptoms you were having, the medical treatment you received, and your suspicions of whatever mistake you believe the original doctor made. You have the right to switch medical providers for any reason, and you don’t have to inform your original doctor of your choice. Taking this prompt action can help protect your health while creating a record of the problematic treatment you received. 

Request Your Medical Records

You have a right to your medical records. You don’t have to explain to the doctor’s office why you are requesting them. These records can be a valuable piece of evidence that can help establish the negligent actions that caused your injuries. The doctor’s office could charge you a reasonable fee for your request. 

Document Your Medical Treatment 

Medical malpractice cases are notoriously complex and document-intensive. You can help clarify the situation by keeping a detailed account and summary of your medical treatment and providing details such as:

• The dates you received medical treatment and your response to that treatment 
• Communications you had with your medical provider
• The dates and reasons you began to suspect medical malpractice
• Your daily symptoms and how your injuries have adversely affected your life 

Speak to an Experienced Attorney 

New York law limits the amount of time you have to take legal action following medical malpractice, so it’s crucial you speak to an experienced medical malpractice attorney as soon as possible about your claim. Your lawyer can handle communication with your doctors, request additional records on your behalf, investigate your case, and explain your legal options. Call the law office of Powers & Santola, LLP today to arrange a free consultation. 

What Can I Do If My Loved One Died Due to Medical Malpractice?

In the most tragic circumstances, the negligent actions of medical providers cause patient deaths. If you lost a loved one due to medical malpractice, we can discuss filing a wrongful death claim to hold the negligent healthcare provider responsible for your loved one’s passing. The timeline for these cases is shorter than a typical medical malpractice case, so you should seek immediate legal assistance.

New York law requires most medical malpractice lawsuits to be filed within two years and six months from the date of the medical negligence that caused the patient’s injuries. However, there are a couple of notable exceptions. In cases where a plaintiff did not discover a foreign object in the body until later, or the patient alleges a delayed cancer diagnosis, the patient may have two years and six months from the date they discovered or reasonably should have discovered the healthcare provider’s error. 

You can learn more about the time limit to file your medical malpractice claim when you contact an experienced medical malpractice lawyer for a free case review.