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Hospital Malpractice Lawyers Serving Injured Patients in Syracuse, New York
When we go to the hospital, we expect our injuries and illnesses to be treated by competent and qualified doctors. We don’t expect to be injured or develop an infection or illness because of the negligence of healthcare providers. Sadly, these expectations are not always met. Millions of people are injured every year, and 250,000 people are injured because of medical errors.
When those we trust to treat us harm us, it’s crucial you understand your legal rights for holding them responsible. The Syracuse medical malpractice lawyers at Powers & Santola, LLP can review your legal options during a medical negligence consultation.
Our legal team represents individuals and families whose medical mistakes and the negligence of others have harmed. We understand how devastating it can be to learn you have been harmed because a medical professional failed to provide an adequate level of care. Our legal team can guide you with compassion through the legal process. You will never be alone. Contact us today to learn how we can help hold negligent healthcare providers accountable for their carelessness.
Why Do I Need a Medical Malpractice Lawyer After Being Injured in a Syracuse Hospital?
Even if you had a good relationship with your medical provider before the incident, the moment you contemplate taking legal action against them, you become an adversary. Hospitals seldom accept responsibility for the harm. Their medical malpractice insurance provider or defense lawyers may try to say it was an inherent risk of the medical procedure or blame you for not following instructions. All of this is an attempt to minimize the value of your claim and their exposure to liability.
When you have an experienced lawyer on your side, you can level the playing field. You will have a knowledgeable legal advocate working to protect your interests at every phase of the case. Our legal team can conduct our own investigation to determine why you were injured and who is at fault.
Medical malpractice cases are notoriously difficult to prove. You will need strong evidence and opinions from medical experts to substantiate your claims. Our legal team can help support your claim by:
- Conducting a thorough investigation
- Reviewing your medical records
- Seeking second opinions from other medical providers about your injuries
- Consulting with medical experts
- Interviewing witnesses
- Reviewing doctor’s notes, surgery videos, and other evidence in your case
We can then prepare legal compensation claims and negotiate a fair resolution of your case. Learn more about how an experienced attorney from our personal injury law firm can help you when you call for a free initial consultation.
Why Should I Choose Powers & Santola, LLP to Represent Me in a Hospital Medical Malpractice Case?
Now that you know how important hiring a medical malpractice lawyer is, the next question becomes, “Who will you choose to represent you?” You can select any available attorney for the job, but some of the reasons we believe Powers & Santola, LLP is the right fit to handle your medical malpractice claim are:
- Our legal experience – There is simply no substitution for relevant legal experience. Our law firm has three decades of experience fighting to protect the rights of the injured. We have represented countless clients in medical malpractice, wrongful death, and personal injury claims. You can count on our extensive experience to guide you through the complex claims process.
- Our knowledge – Medical malpractice cases are complicated. They involve an intersection of the medical and legal fields that many experienced attorneys don’t understand. Our lawyers have spent years pursuing medical malpractice claims and understand their complexities.
- Our reputation in the legal community – Six of our attorneys have been recognized as “Best Lawyers in America” and “Super Lawyers” based on factors such as peer review and professional achievement. U.S. News & World Report rated our law firm as one of the “Best Law Firms” in the nation. Our reputation precedes us when we handle a case, as defense lawyers and insurance companies know we only advance meritorious claims.
- Our results – Our experienced trial attorneys deliver results. We have successfully recovered hundreds of millions of dollars in compensation for our clients. We prepare every case for trial and never settle a case for less than our clients deserve.
Powers & Santola, LLP can help you through this challenging time, offering compassion while zealously advocating for your interests. Call us today to speak to an experienced attorney about your case.
Who Is Responsible for My Injuries?
Hospitals can be held responsible for their own forms of negligence, such as hiring unqualified medical providers or failing to implement safety protocols. They are also responsible for the negligent actions of their employees. All hospital staff members are responsible for patient safety. Any of these workers can make a mistake that jeopardizes the patient’s safety.
Many healthcare providers are independent contractors who the hospital does not directly hire. This legal distinction can sometimes insulate hospitals from liability. However, situations may exist where the hospital exercises a level of control over the care provider that transforms them from an independent contractor into an employee. In these cases, the hospital could be held liable for their negligence.
When you hire our medical malpractice law firm to handle your case, we can investigate to determine who is responsible for your injuries. You may have a legal claim against the hospital and the at-fault care provider, which may include:
- Surgeons
- Anesthesiologists
- Doctors
- Doctor’s assistants
- Pharmacists
- Nurses
- Nurse’s assistants
- Orderlies
- Laboratory technicians
Common Examples of Hospital Malpractice
Hospital malpractice occurs when staff members provide improper care to a patient who is injured or dies as a result. It can also occur when the hospital itself is negligent in its administration. Common examples of legal grounds to file a medical malpractice claim include:
Emergency Room Errors
Emergency rooms can be hectic places. Still, doctors are expected to stay level-headed and provide the proper standard of care. Doctors may fail to obtain informed consent from patients or receive adequate medical history. They may fail to document a medical issue before transferring the patient to another doctor. These mistakes can result in patient injuries and death.
Surgical Errors
Despite their many years of education and practice, surgeons can make mistakes that lead to patient injury or death, such as:
- Operating on the wrong patient
- Performing the wrong surgery
- Operating on the wrong body part or part of the body
- Nicking an artery during surgery
- Leaving surgical instruments inside a patient
- Failing to respond promptly to an emergency
Anesthesia Errors
Anesthesiologists must carefully administer this medication to patients during medical procedures. Too much anesthesia can result in the patient falling into a coma and being unable to be awakened. Too little can make the patient conscious of pain during the procedure.
Medication Errors
Doctors, nurses, pharmacists, and others involved in a patient’s care can make medication errors that jeopardize the patient’s health, such as:
- Giving too much medicine
- Not giving enough medicine
- Administering the medicine incorrectly
- Giving the wrong medicine
- Not providing proper instructions related to taking the medicine
- Failing to reconcile the medicine with other drugs the patient is taking
- Giving the patient a medicine they are allergic to
Misdiagnosis or Delayed Diagnosis
A misdiagnosis occurs when a healthcare provider diagnoses the patient with the wrong medical condition. A delayed diagnosis occurs when the doctor fails to order necessary tests, realize a medical concern after reviewing tests, or follow up with a patient, leading to the patient not knowing they had a serious medical condition until some other healthcare provider diagnoses them in the future. Both of these major mistakes can lead to additional pain and suffering, injuries, and potentially fatalities.
Hospital-Acquired Infections
Patients who did not have an infection when they came into the hospital may leave with one due to staff not following sanitation policies and cleaning procedures.
Slips and Falls
Spills and unsecured cords can lead to patient falls. Some patients may also be more prone to fall, a detail fatigued medical providers may overlook upon admission.
Patient Abuse
Sadly, some patients are harmed because the very people they entrust with their care abuse or neglect them. Patients may suffer from malnutrition, dehydration, or other ailments because of inadequate care.
What Causes Hospital Malpractice?
Medical malpractice is tragically common. Various factors can contribute to this problem, including:
- Inadequate supervision
- Inadequate numbers of qualified staff
- Overworked or fatigued doctors
- Failing to adequately monitor patients
- Failing to order the proper tests
- Failing to complete a proper differential diagnosis
- Laboratory mistakes
- Failing to communicate with other healthcare providers
- Inadequate medical history or family history
Powers & Santola, LLP aims to hold hospitals accountable when they or their providers make mistakes that harm patients.
What Do I Have to Prove to Win My Hospital Medical Malpractice Case?
To establish a medical malpractice claim, you must be able to prove the following:
- The hospital owed you a duty of care because you were a patient, admitted, or seeking care there.
- The hospital failed to uphold the professional standard of care that applied under the circumstances, which is the level of care that another healthcare professional with similar training and experience would have provided under similar circumstances.
- As a result of the deviation of the standard of care, you were injured.
- You suffered measurable damages for which a court can compensate you.
What Financial Compensation Can I Recover in a Medical Malpractice Claim?
When hospitals fail to uphold their duty of care, patients may suffer injuries and illnesses that necessitate additional medical treatment. Patients may miss extensive time from work to recover from their ailments, resulting in significant lost wages. Some injuries cause permanent disabilities and a permanent reduction in earning capacity for the harmed patient. The victim’s quality of life may also significantly decrease.
Through a medical malpractice claim, you can seek compensation for your financial losses and non-economic damages, such as:
- Medical bills for additional medical care
- Loss of wages
- Reduced earning
- Pain and suffering
- Emotional distress
- Psychological trauma
- Disabilities and impairment
- Scarring and physical disfigurement
- Loss of enjoyment of life
- Loss of consortium
An experienced attorney can review your case and explain the damages you can seek.
What Is the Role of a Medical Expert in a Malpractice Case?
When you file a medical malpractice claim for injuries you sustained while receiving care, your attorney must file an affidavit that states they have consulted with a medical expert who has opined that you have valid grounds to bring forth your claim. Your lawyer may consult with medical experts to develop a better understanding of how the healthcare provider deviated from the standard of care and harmed you. They can also call medical experts at your trial to help establish your legal claim.
What Is the Deadline to File a Medical Malpractice Lawsuit in New York?
The statute of limitations for most medical malpractice claims is two and a half years from the negligent act. However, there are some situations – such as cases involving a delayed diagnosis of cancer – in which the deadline is two and a half years from the date you discovered the malpractice. For wrongful death claims, survivors must file a wrongful death lawsuit within two years of their loved one’s death.
If your case involves a hospital owned by a city government, you must file a notice of claim within 90 days. The best way to safeguard your rights is by contacting an experienced lawyer immediately after you suspect medical malpractice.
Contact Our Medical Malpractice Attorneys for a Free Consultation
If you or a loved one was harmed due to hospital malpractice, Powers & Santola can help. We bring more than 30 years of experience to the table, along with a compassionate, client-focused approach. Our goal is to secure the financial compensation you need to put your life back on track after someone else’s negligence has derailed it. Contact us today to discuss your legal options to pursue a medical malpractice action.
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