Troy Hospital Malpractice Lawyers

★★★★★

We absolutely can’t thank you enough.

Powers & Santola was so knowledgeable and caring. I was so very fortunate to find such a great law firm.

- John

Hospital Malpractice Lawyers Serving Injured Patients in Troy, New York

Hospitals serve a critical role in our society, providing emergency treatment and facilities to conduct complex medical procedures, including surgeries. We go to hospitals to feel better. Unfortunately, some patients leave hospitals in a worse condition than they arrived because hospitals or the workers they employ act negligently.

The law firm of Powers & Santola, LLP sues hospitals and doctors when they commit medical errors that result in patient injury or death. We have successfully pursued medical malpractice claims against some of the largest hospitals in Upstate New York. If you think a hospital committed medical malpractice in caring for you or a loved one, an experienced medical malpractice lawyer from our firm can discuss your legal rights and options during a free and confidential consultation. Contact us today to get started.

How Can a Troy Hospital Medical Malpractice Lawyer Help You?

Medical malpractice claims can be complex. Meeting your evidentiary burden alone can be impossible. The experienced medical malpractice lawyers at Powers & Santola, LLP can help by:

Advising you of your legal rights and options for pursuing financial compensation for the harm you’ve suffered
Accessing and reviewing your medical records to pinpoint when the medical error occurred and who is responsible
Compiling information regarding the full extent of your damages
Consulting with board-certified physicians and other medical experts
Negotiating for fair compensation
Litigating your case in court, if necessary

What Is Hospital Malpractice?

Hospital malpractice occurs when a doctor, nurse, or other hospital employee makes a medical mistake while caring for a patient. Hospitals have a legal duty of care to the patients they treat. When their care falls below the accepted standard of care, they may be financially liable if the patient is injured. Injured patients can sue the hospital for the harm they have suffered.

Common Types of Hospital Malpractice Injuries

Unfortunately, hospital malpractice can cause serious injuries that may threaten patients’ lives. Some types of injuries specific to hospital malpractice include:

Hospital-Acquired Infections

Hospital-acquired infections arise in the hospital setting, as opposed to those the patient may have had before visiting the hospital. These infections can occur when a patient comes in contact with another patient’s germs. They can also arise during a surgical procedure when bacteria, viruses, parasites, or fungi enter the patient.

Medical providers have a legal responsibility to prevent infections. Hospitals are responsible for implementing sanitary procedures to properly clean surgical instruments and medical facilities so patients are not infected while receiving unrelated medical procedures. Additionally, healthcare providers must monitor patients for symptoms of infection, such as:

Fever
Rapid breathing
Low blood pressure
Reduced urine output
Mental confusion

Sepsis

The Mayo Clinic describes sepsis as the body’s inappropriate response to infection. The body tries to fight the infection but attacks the body, including the organs. In some cases, sepsis can cause organ failure. Bacterial infection commonly triggers sepsis, which can occur in the hospital setting due to bedsores, surgical incisions, or unsanitary IVs or catheters.

Medical professionals should monitor patients for symptoms of sepsis, such as:

Fever
Rapid breathing
Rapid heart rate
Decreased urinary output
Nausea or vomiting
Diarrhea

Septic Shock

In some cases, sepsis can progress to septic shock, a life-threatening condition. The patient may experience a sudden drop in blood pressure and permanent damage to internal organs if doctors do not catch the medical condition quickly. Doctors can perform various tests to check for infection, including tests on blood, oxygen levels, and internal organ functioning.

Disseminated Intravascular Coagulation (DIC)

DIC is a medical condition that prevents blood clotting, which can lead to excessive clotting or bleeding. This condition is potentially life-threatening and can lead to septic shock. Symptoms of DIC include:

Shortness of breath
Low urine output
Heavy bleeding from surgical wounds or orifices
Red dots and bruises under the skin
Stroke

Staph Infection

Staphylococcus bacteria causes staph infection, which can become fatal when the bacteria enters the bloodstream, bones, joints, or organs. Healthcare providers should continuously monitor patients for symptoms of staph infection, which include:

Red, irritated skin
High fever
Swollen joints
Pus-filled boils

If you suffered any of these or other injuries you suspect were due to hospital malpractice, reach out to an experienced attorney from our personal injury and medical malpractice law firm for a free consultation to find out if you have a viable claim for medical malpractice.

Common Causes of Hospital Malpractice

Hospital malpractice can occur for various reasons. Some of the leading ones include:

Failing to admit a patient to the hospital to observe them or diagnose their medical condition
Failing to obtain relevant medical and family history when the opportunity is available
Miscommunication between healthcare providers
Failing to listen to a patient’s symptoms
Dismissing a patient’s symptoms as fake or as an indication of a mental health issue
Failing to prescribe necessary medical treatment
Failing to order necessary diagnostic tests
Failing to reconcile a patient’s medication
Providing a patient with the wrong type of medication or the wrong dosage
Misinterpreting lab results
Surgical errors, such as nicking an artery or performing surgery on the wrong site
Failing to respond properly to an emergency
Failing to refer a patient to a specialist
Early discharge

If you were harmed due to these medical mistakes, an experienced medical malpractice lawyer can help determine who is at fault for your injuries.

Hospital Negligence

Hospital malpractice occurs when a healthcare provider employed or controlled by the hospital provides care that falls below the accepted standard of care. However, hospitals can be negligent in other ways that lead to patient injuries, such as:

Failing to implement sanitary procedures to prevent hospital-acquired infections
Negligently hiring unqualified healthcare providers
Negligently retaining healthcare providers who are a danger to patients, such as those who have acted recklessly or have a history of substance abuse
Failing to monitor patients with heightened fall risks
Keeping the premises unkempt or unsafe, leading to patient falls or other injuries

Our law firm has extensive experience proving malpractice and negligence against wrongdoers.

Who Can I Sue for Hospital Malpractice or Negligence?

Cases concerning hospital malpractice may involve various parties. In some cases, you may be able to sue the hospital for its own negligence, such as failing to implement sanitary procedures to prevent infection or for negligently hiring unqualified or unsafe providers.

In other situations, you may have a legal claim based on the negligence of hospital employees, including doctors, nurses, radiologists, and other medical professionals. A legal theory called respondeat superior holds employers responsible for the negligent actions of their employees. Hospitals can also be held liable for the actions of non-employees if they have continued to use their services despite known risks associated with these healthcare providers and if these providers cause injuries to patients in the hospital’s care.

What Do I Have to Prove in a Hospital Malpractice Case?

To prevail in a medical malpractice case, you must be able to show the following legal elements:

You had a doctor-patient relationship with the hospital.
The hospital, through its own negligence or that of a healthcare provider under its control, violated the standard of care that another medical provider would have shown under similar circumstances.
The breach of the standard of care is what caused your injury, not some medical condition you already had.
You suffered damages as a result of the breach of duty of care.

New York law requires that any attorney bringing a medical malpractice lawsuit submit an affidavit stating that they have consulted with a medical expert who says there are legitimate grounds for a medical malpractice case. They must submit this affidavit with the legal complaint at the time of filing or within 90 days of filing the complaint.

Financial Compensation Recoverable in Hospital Malpractice Cases

Medical malpractice victims may suffer life-altering injuries that substantially impair their quality of life, cause significant physical pain and suffering, and limit their ability to earn a living. Some injuries can require ongoing medical care. These individuals can pursue compensation for the full extent of the damages they suffered because of medical malpractice.

Through a medical malpractice claim, you may be able to recover compensation for:

Medical expenses and additional hospital costs you incurred to treat your injuries
Lost wages you suffered during your recovery
Loss of long-term earning capacity caused by permanent disabilities or impairments
Nursing help and replacement services while you recover
Cost of medical equipment, rehabilitation, therapy, and medication
Future medical expenses
Out-of-pocket expenses related to the accident
Future economic losses
Pain and suffering
Mental anguish
Disfigurement caused by your injuries
Loss of consortium
Loss of enjoyment of life

Our Troy hospital malpractice lawyers can review your case to determine which damages you can seek and their value.

What Is My Hospital Malpractice Lawsuit Worth?

Every hospital malpractice claim is different. There’s no average amount you can expect for your claim. The value of medical malpractice claims can depend on various factors, such as:

The type and severity of your injuries
The value of additional treatment you require because of your injury
The types of medical treatment you need and their duration
Who is responsible for your injuries
The amount of medical malpractice insurance available
Whether the injuries are permanent in nature and their impact on your earning potential
The extent of your pain and suffering
Whether your case goes to trial or settles

Let our experienced legal team review your claim during a free case assessment.

What Are the Time Limits for Filing Hospital Malpractice Lawsuits?

New York law gives you two and a half years from the date of the medical mistake to sue the hospital for medical malpractice. In the case of a misdiagnosis or delayed diagnosis of cancer, you have two and a half years from the date you discovered the mistake to file a personal injury lawsuit. In the case of continuous care, the deadline starts from the last day of treatment.

It’s critical to observe these time limits because if they pass, you can lose your opportunity to pursue financial accountability and justice from the negligent hospital. It’s in your best interests to contact an experienced lawyer as soon as possible. Your lawyer will need time to develop your claim, pursue an out-of-court settlement, or compile compelling evidence.

How Much Do Medical Malpractice Attorneys Cost?

Some medical malpractice victims do not contact a personal injury attorney because they are concerned about being able to afford attorney fees. At Powers & Santola, LLP, we don’t believe that you should have to worry about paying any fees upfront. That’s why we work on a contingency fee basis. We don’t get paid until we recover compensation on your behalf, at which point, we receive an agreed-upon percentage of your proceeds. We also offer complimentary consultations to new clients so we can discuss how our civil trial attorneys can help at no cost or obligation to you.

Contact Our Troy Hospital Malpractice Lawyers for Legal Assistance and Guidance

If you were injured because a hospital or its staff neglected their responsibilities and injured you as a result, you may have a viable medical malpractice claim. An experienced Troy hospital malpractice lawyer from Powers & Santola, LLP can meet with you to discuss your legal options for financial recovery. During a free consultation, we can answer any questions you have about the claims process, assess your case, and explain who may be responsible for your injuries. Call us today to get started.

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