Nassau County Medical Malpractice

When you visit a doctor, dentist, chiropractor, or other medical professional, you expect that the medical professional will provide you with expert medical care. Unfortunately, that is not always the case. Mistakes occur. Sometimes the results of medical mistakes are tragic. Medical malpractice can occur in several different ways. The most common type of malpractice is medical misdiagnosis. As a consequence of a misdiagnosis or some other type of medical mistake, each year patients suffer debilitating injuries such as paralysis, severe injuries to the back, birth injuries or even an unwarranted amputation that are life-changing. Unfortunately, in far too many cases the patient passes away. If you were injured due to a medical mistake and are in need of a personal injury lawyer contact an experienced Nassau County medical malpractice lawyer who will ensure that your legal rights are protected and help you get the maximum compensation based on the facts of your case.

Common types of medical malpractice

A wide variety of situations can lead to a medical malpractice claim. For example, a claim could be based on a birth injury such as cerebral palsy, failure to diagnose a serious illness such as cancer, emergency room errors, a delay in treating a medical condition, medication errors, anesthesia errors, and surgical errors. However, most medical malpractice claims fall into one of three general categories:

• Failure to diagnose. If a doctor does not correctly diagnose your condition when he or she first examines you does not mean that your doctor committed medical malpractice. Failure to diagnose rises to the level of medical malpractice if a competent doctor would have made the proper diagnosis, or would have made the proper diagnosis sooner. Furthermore, part of your failure to diagnose case must be that the failure to diagnosis resulted in you being harmed.
• Improper treatment. If your doctor treats you in a way that no other competent doctor would and as result you are harmed, you may have a viable malpractice claim. For example, if you are in such a serious condition that you are unable to get up, or move around, and your health care professionals fail to move your or turn you. As a result you develop serious bedsores. You could file a lawsuit against the medical professionals charged with your care. In addition, if your doctor selects the appropriate treatment but administers in a manner that no competent doctor would, you may have a medical malpractice claim.
• Failure to warn. Doctors, naturopaths, chiropractors, dentists and other medical professionals must warn patients of known risks of a medical procedure or course of treatment. This requirement is referred to as the duty of informed consent. If your physician did not explain to you the known risks, and it is possible that you would have decline that procedure had you known the risks, then your doctor may be liable for medical malpractice if you were injured by the treatment or procedure in a way that the medical professional should have warned could happen.

Example

Plaintiff Willi Braun complained to his physician, Dr. Naseer Ahmed, of an irritation on the foreskin of his penis. Dr. Ahmed diagnosed an inflamed foreskin and prescribed an ointment. Since Braun's condition did not improve after 7 months, Dr. Ahmed recommended a circumcision. Braun scheduled the circumcision for the next month, but cancelled. Braun continued under the defendant's care for another medical condition. A year later Braun was circumcised after his condition deteriorated. A biopsy revealed cancer and Braun had to have a partial penectomy a month later. Braun filed a medical malpractice lawsuit against Dr. Ahmed based on Dr. Ahmed's failure to warn Braun of the possibility of penile cancer and that his condition did not require immediate surgery. The jury returned a verdict in favor of Braun. Braun v. Ahmed, 515 N.Y.S.2d 473 (N.Y.A.D. 2 Dept., 1987)

Pursuing damages

Patients injured by medical professionals who make mistakes are entitled to demand payment for their ensuing medical expenses related to the poor care. In addition to receiving compensation for medical expenses, a successful claim can also result in damages for:

• Lost wages including missed bonuses and promotions
• Loss of future earning capacity
• Pain and suffering for both the physical pain and emotional suffering
• Loss of enjoyment of life
• Wrongful death. If the patient died due to a medical mistake, the victim's family can pursue compensation by filing a wrongful death claim.

Contact the Law Offices of Stephen Bilkis & Associates

If you or a loved one was injured because of a mistake made by a medical professional, you may be entitled to significant compensation. Medical malpractice cases can be quite complicated. The staff at the Law Offices of Stephen Bilkis & Associates has the experience and resources to thoroughly investigate your case and aggressively pursues damages from the negligent medical professionals. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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