Brooklyn Medical Malpractice
Robert Messina was taken to a hospital with a life-threatening medical condition that rendered him immobile for an extended period of time. Messina developed severe bedsores that lead 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, in many cases the patient does not survive. If you are in need of a personal injury lawyer because you or a loved one has been injured due to medical malpractice it is important to speak with an experienced Brooklyn medical malpractice Lawyer who will review the facts of your case and explain to you your legal options for pursuing a personal injury claim or a wrongful death claim.Common types of medical malpractice
A wide variety of situations can lead to a medical malpractice claim. However, most 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 of which have resulted in your condition improving. If so, then you may have a medical malpractice claim.
- 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. 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 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.
Patients injured by malpractice in New York are entitled to compensation for their resulting medical expenses related to the breach of care. 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 family can pursue compensation by filing a wrongful death claim. Under New York law only a decedent's personal representative may file a claim for wrongful death. A personal representative is typically the person the decedent named as executor in his or her will. Otherwise, the personal representative would be the person named by the court to serve as such. The personal representative would file the wrongful death claim on behalf of the real parties in interest. The real parties in interest would be the decedent's beneficiaries or heirs. Typically, the real parties in interest would include the decedent's surviving spouse and children, but may also include the decedent's parents, siblings and other relatives.Contact the Law Offices of Stephen Bilkis & Associates
If you or a loved one was injured due to the incompetence of a healthcare professional, you should contact an experienced attorney who understands the legal issues associated with medical malpractice cases. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling cases involving medical misdiagnosis, failure to warn, improper treatment, as well as other types of medical malpractice claims. In addition, we also represent clients in personal injury and wrongful death cases stemming from auto accidents, slip and fall accidents, and other types of accidents. 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.