New York City Medical Malpractice

When a doctor makes a mistake that harms his (or her) patient, the injured patient has the right to file a special type of personal injury claim against the doctor called a medical malpractice claim. The New York medical malpractice lawyers at the Law Offices of Stephen Bilkis & Associates are committed to helping victims who have suffered catastrophic injuries due to the negligence of doctors. Such victims not only face uphill battles physically, but also face financial challenges. While the facts behind doctor negligence will vary from case to case medical malpractice claims can be categorized in three general ways: misdiagnosis, improper treatment and failure to warn. Regardless of the type of medical mistake, victims deserve compensation to help them recover physically and financially, move on with their lives.

Elements of a malpractice claim

As with any type of personal injury claim such as a car accident claim, construction accident claim or premises liability claim, in order to prevail, the plaintiff must produce evidence that critical elements of the claim exist. For a medical malpractice claim, the plaintiff must show that there was a doctor-patient relationship, that the doctor, medical facility or other medical professional was negligent, and that as a result of the negligence the plaintiff suffered a compensable loss.

Evidence that the doctor was negligent involves more than showing that the doctor made an error in diagnosis or in treatment. It involves showing that the doctor’s error was based on deviating from accepted medical standards. In other words, the doctor’s actions had to have been unreasonable. It is not uncommon for a doctor to make a wrong diagnosis. Symptoms can point to more than one condition. It is also not uncommon for there to be multiple options for treating a condition, and that the treatment the doctor selected fails to work. The doctor’s decision must have been so off the mark that no other competent doctor would make that decision.

Causation is a critical factor in a medical malpractice case. In order for you to win a medical malpractice claim, you must be able to show that because of the medical mistake you suffered harm. Let’s say that you visited an oncologist who concluded that you did not have cancer. Two days later you visited a second oncologist who diagnosed cancer and started you on a course of treatment. Even if it was clear that the first oncologist made a mistake in failing to detect the cancer and that failure to do so was clearly a sign of incompetence, if that mistake did not result in you suffering harm, then you would not prevail in a claim against the first oncologist. On the other hand, if your cancer goes undetected for months and then metastasized, you may prevail in a claim against the oncologist who failed to diagnose.

Hypothetical

The day Maria gave birth to her son was the happiest day of her life. She and her husband, Aaron, were relieved that the delivery went smoothly with no complications. Three days after giving birth, Maria and Aaron took their baby home. The next day Maria was not feeling well, so she returned to the hospital emergency room. She had a fever, chills, nausea, and pain in her back and vaginal area. Colette, a physician’s assistant, examined Maria. Blood tests were ordered. Colette diagnosed Maria with a urinary tract infection and sent her home. The next day Maria’s conditioned worsened. She again returned to the emergency room where she immediately lost consciousness. This time a doctor quickly diagnoses her condition as severe sepsis. By this time the new mother was in critical condition. The next day Maria died. With the help of a medical malpractice attorney in New York City, Aaron filed a medical malpractice claim against Colette and the hospital. Aaron has a good chance of prevailing since Colette failed to recognize the classic signs of sepsis.

Contact the Law Offices of Stephen Bilkis & Associates

If you believe that the mistake of a doctor, dentist, physician’s assistant, nurse or medical facility caused you to suffer an injury, you should contact an experienced attorney who understands the legal issues associated with medical malpractice cases. The medical malpractice attorneys serving clients in New York City at the Law Offices of Stephen Bilkis & Associates have the resources and knowledge to thoroughly investigate your case and ensure that you have the best chance of winning compensation from the negligent medical staff. 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.

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