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Syracuse Medical Malpractice Lawyer
If you visit a doctor for a routine checkup, or you pick up a prescription from your local pharmacy, or you schedule a routine surgery, you should never have to fear that you will sustain a life-threatening and permanent injury because of your healthcare provider’s negligence. Medical errors happen much too often in Syracuse and throughout New York State. In the last five years, Johns Hopkins Medicine reported that medical errors are still the third-leading cause of death in the U.S., and patients continue to suffer harm because of delayed diagnoses, medication errors, and surgical “never events” in operating rooms.
If you or someone you love got hurt because of a healthcare provider’s error, it is time to seek compensation and hold that healthcare provider accountable. An experienced and compassionate Syracuse medical malpractice lawyer at Powers & Santola, LLP, can help you with your case from start to finish.
What is a Medical Malpractice Claim in Syracuse?
A medical malpractice claim is a particular kind of lawsuit a patient can file against a negligent healthcare provider. Medical malpractice claims are sometimes known as medical negligence since these cases arise from a healthcare provider’s negligence. In most patient cases, a medical malpractice claim will be linked to a particular kind of medical error or medical mistake. Common types of medical errors include but are not limited to the following:
- Misdiagnosis, which results in a delayed diagnosis;
- Medication error, which can include prescribing the wrong medicine for the condition, filling the wrong medicine on the prescription, or prescribing a medication that will have a harmful interaction with the patient’s current drug regimen;
- Surgical error, which can involve operating on the wrong patient altogether, operating on the wrong body part (also known as wrong-site surgery), a negligent act during surgery, leaving a foreign object inside the patient’s body after surgery, or a surgical infection that results from poor post-op care;
- Birth injury, which can include any kind of negligence during childbirth that leads to a birth injury in the infant or an injury to the mother or
- Anesthesia error can involve giving the wrong amount of anesthesia during a surgical procedure.
If you or a loved one suffered any of the injuries described above, search for a “medical malpractice lawyer near me” to connect with a lawyer in the Syracuse, New York, area. Time is of the essence, and an experienced medical malpractice attorney can take decisive action to protect your rights.
Elements of a Syracuse Medical Malpractice Lawsuit
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, harming a patient. Generally speaking, to have a successful medical malpractice case, you will need to prove the following elements:
- Duty of care: The healthcare provider owes the patient a duty of care, which is typically established through the existence of a doctor-patient relationship;
- Breach of the duty of care: The healthcare provider breached the duty of care by acting negligently;
- Causation: The healthcare provider’s breach of the duty of care caused the patient’s injury and
- Damages: The patient suffered damages due to the injury caused by the breach of the duty of care.
You should speak with an experienced medical malpractice lawyer in Syracuse about the specific facts of your case to ensure that you have a valid claim. While many injuries after a treatment or procedure result from malpractice, it is essential to understand that some injuries result from risks inherent in the procedure and are not caused by the doctor’s mistake.
What Factors Contribute to Medical Malpractice?
According to a landmark study by Johns Hopkins University, it is estimated that 250,000 deaths per year are due to medical errors. Many more patients are injured due to emergency errors, surgical mistakes, and other negligent care by healthcare providers.
These medical mistakes can occur for various reasons, but some of the most common are:
- Lack of training or education – Even if a medical professional has a medical degree, they may not have had the proper training or education to perform a particular medical treatment competently. This can result in patient harm.
- Fatigue – The medical profession can be a demanding one. Medical providers often work for many hours. Some surgeries do not allow them to take breaks. Fatigue can cause them to make mistakes in judgment or suffer physical exhaustion.
- Poor communication – Some medical mistakes occur because healthcare providers fail to communicate with each other about a patient’s medical history or other important details about their care. For example, a medical care provider may fail to record that they have medicated a patient or include a known medication allergy in the patient’s medical record. The next healthcare provider may not be aware of this information and can provide treatment that causes an adverse health outcome.
- Lack of oversight – Doctors often work as independent contractors, traveling to different hospitals and medical facilities to work. Hospitals may fail to properly supervise these doctors, allowing for an environment where medical errors are more likely to occur.
When you file a medical malpractice action, our legal team can review your medical records and other evidence to determine how the mistake occurred and who is responsible.
Many different parties may be liable in a medical malpractice case in Syracuse, including but not limited to: 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. 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: 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. 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. When you have been harmed because of a healthcare provider’s mistake or negligence, it is critical to find out more about your options for seeking financial compensation. Whether you suffered a serious injury due to a medical mistake or you were irreparably harmed by a surgical error, one of our experienced Syracuse medical malpractice lawyers at Powers & Santola can help you to seek the compensation you need and deserve. Contact Powers & Santola, LLP today to discuss your case with one of our dedicated personal injury attorneys. We have years of experience representing injured patients in upstate New York, and we are here to help you with your lawsuit. Delayed Cancer Surgical Wrongful Personal Auto Medical When someone injures you, your life gets turned upside down. Suddenly, you may face a ton of medical bills. You may be unable to work or help out around the home. Others may need to care for you around the clock. Nothing is the same.Liability for a Syracuse Medical Malpractice Injury
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