Brooklyn Medical Malpractice Lawyer
Robert Messina was taken to a hospital with a life-threatening medical condition that rendered him immobile for an extended period of time. During his hospital stay, Messina developed severe bedsores that led to a debilitating hip infection and other complications. Messina's injuries are permanent and he now must use a wheelchair. Robert Messina filed a medical malpractice lawsuit against a nurse, arguing that he was left unattended for extended periods. Because of that, Messina developed bedsores. Messina v. Staten Island University Hospital, 2012 NY Slip Op 33636(U) (N.Y. Sup. Ct., 2012). When you visit a doctor, chiropractor, dentist or any other medical professional you expect that the medical professional will provide you with competent, skilled medical care. Unfortunately, mistakes do happen. As a result of a medical misdiagnosis or some other type of medical mistake, each year patients suffer injuries such as paralysis, severe back injuries, birth injuries or even an unwarranted amputation that require the patient to endure lifelong treatment. Sadly, there are many cases in which the medical mistake led to death. If you are in need of representation because you or a loved one suffered a serious injury due to medical malpractice, speak with an experienced Brooklyn medical malpractice lawyer at Stephen Bilkis & Associates. We will review your case and explain your legal options for pursuing a personal injury claim or a wrongful death claim.Common Types of Medical Malpractice
Medical malpractice claims fall into one of three general categories:
- Failure to diagnose. Simply because your doctor did not correctly diagnose your illness in a timely manner does not mean that your doctor committed medical malpractice. The standard is whether a competent doctor would have discovered your illness or made a different diagnosis which would have prevented your condition from deteriorating or would have resulted in your condition improving. If so, then you may have a medical malpractice claim.
- Improper treatment. If your doctor treated you in a way that no other competent doctor would and as result you were harmed, you may have a viable malpractice claim. In addition, as an experienced Brooklyn medical malpractice lawyer can explain, if your doctor selected the appropriate treatment but administered it in a manner that no competent doctor would, you may have a medical malpractice claim.
- Failure to warn. Doctors have a duty to warn patients of known risks of a procedure or course of treatment. This duty is referred to as the duty of informed consent. If your doctor failed to advise you of known risks and it is likely that you would have elected not to go through with the procedure, then your doctor may be liable for medical malpractice if you were harmed by the treatment or procedure in a way that the doctor should have warned could happen.
Those who suffer injuries due to mistakes made by medical professionals have a right to pursue compensation for their medical expenses related to the negligence. A successful claim can also result in damages for:
- Lost wages, including lost future wages
- Pain and suffering
- Loss of enjoyment of life
- Cost of physical therapy
In Robert Messina's case Messina was awarded nearly $3,000,000 in pain and suffering, plus compensation for medical expenses and loss of future earnings.
If the patient died due to a medical mistake, the victim's estate and heirs can pursue compensation by filing separate claims based on the victim’s wrongful death. To learn more about standing to pursue a wrongful death claim, contact an experienced medical malpractice attorney in Brooklyn.Contact Stephen Bilkis & Associates
If you or a loved one was injured due to the incompetence of a healthcare professional, contact an experienced medical malpractice attorney serving Brooklyn at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: Brooklyn, Bronx, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.