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). 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 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 has been injured due to medical malpractice it is important to speak with an experienced Long Island medical malpractice attorney who will review the facts of your case and explain to you your legal options for pursuing a medical malpractice claim.Common medical errors
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. 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.Contact the Law Offices of Stephen Bilkis & Associates
If you or someone you care about was injured due to the incompetence of a doctor, dentist, chiropractor, nurse or other 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 successfully representing victims in medical malpractice 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 1-800-NY-NY-LAW (1-800-696-9529) 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.