Long Island Medical Malpractice

Having to undergo a medical procedure is generally worrisome. Many of us fear that something will "go wrong." However, most of us trust that the medical professionals caring for us will do so competently. Unfortunately, all too often mistakes are made and things do go wrong. This is what happened when Susan Skelly-Hand gave birth to her daughter, Rachel Hand. Rachel's shoulder became lodged against Susan's pubic bone. Rachel was born with an injury to her brachial plexus and was diagnosed with Erb's palsy. Skelly-Hand v. Lizardi, 975 N.Y.S.2d 514 (N.Y. App. Div., 2013). Patients tend to trust their doctors and other medical professionals. However, mistakes do happen. Far too often because of a doctor's failure to properly diagnose a problem or failure to properly treat a problem, each year thousands of patients suffer injuries such as the birth injury that Rachel Hand suffered, as well as other serious injuries that leave victims permanently disabled. Sadly, in many cases the patient does not survive. If you or a loved one have been injured due to medical malpractice it is important to speak with an experienced Long Island medical malpractice lawyer who will review the facts of your case and explain to you your legal options for pursuing a medical malpractice claim.

Claims based on medical errors fall into one of three general categories: failure to diagnose, improper treatment, and failure to warn. These errors can happen to a patient seeking any help from any type of medical professional, an obstetrician, pediatrician, gynecologist, oncologist, cardiologist, plastic surgeon, dentist, or chiropractor. For example, a medical malpractice claim can be based on a birth injury such as cerebral palsy, failure to timely diagnose a serious condition such as an aggressive form of cancer, surgical errors such as leaving an instrument in a patient, medication errors such as giving a patient even though the patient is allergic to it, and mistakes made by the nursing staff and any other medical professional.

Patients injured by medical errors have the legal right to demand compensation for their losses that resulted from the breach of care. As a medical malpractice attorney in Long Island will explain, a successful claim can also result in damages for:

• Medical expenses, including the expenses related to the injury that the medical error caused. For example, the hospital stay, surgery, treatment by specialists, MRIs, CT scans, blood work, x-rays, other diagnostic tests, rehabilitation, physical therapy, and counseling.
• Lost wages, including lost future wages resulting from missing work or inability work because of the medical error. If you have your own business and were unable to see clients or ship orders because of your injury, you can request damages based on the revenue that you lost.
• Pain and suffering based on the physical pain and emotional suffering the medical mistake caused. Evidence of emotional suffering is testimony about your depression, sadness, irritability, loneliness, inability to sleep, and general change of disposition.

If the patient died due to a medical mistake, the victim's family can pursue compensation by filing a wrongful death claim.

If you or someone you care about was injured due to the incompetence of a doctor, dentist, chiropractor, nurse or other healthcare professional, do not agree to a settlement offered to you by the defendant as it might not be in your best interest. Instead, first should contact an experienced medical malpractice attorney serving Long Island who understands the legal issues associated with medical malpractice cases. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in successfully representing victims injured due to the negligent, reckless, or intentional actions of others. We will work hard to ensure that you receive a fair settlement. 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.