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Westchester County Medical Malpractice

When you have an appointment with a physician you expect that the physician will treat you with competent, skilled medical care. Unfortunately, mistakes do happen. Sometimes the results of medical mistakes are tragic. Medical malpractice occurs when a doctor, dentist, chiropractor, nurse or another medical professional actions fall below the appropriate standard of care and as a result a patient is injured. Medical malpractice can occur in several different ways. The most common type of malpractice is medical misdiagnosis. As a result of an incorrect diagnosis, improper treatment, failure to warn, each year thousands of patients suffer serious medical conditions and some cases patients died. If you or a loved one has been injured due to a medical error it is important to speak with an experienced Westchester County medical malpractice attorney who will review medical records and other facts of your case and explain to you your legal options for pursuing a personal injury claim.

Common types of medical malpractice

A wide variety of situations can lead to a medical malpractice claim. For example, a claim could be based on a birth injury such as cerebral palsy, failure to diagnose a serious illness such as cancer, emergency room errors, a delay in treating a medical condition, medication errors, anesthesia errors, and surgical errors. However, most medical malpractice claims fall into one of three general categories:

  • Misdiagnosis. A physician fails to properly assesses a patient's symptoms and apply an appropriate diagnosis and as a result the patient is harmed. A misdiagnosis can involve a failure to diagnose, the wrong diagnosis or a delayed diagnosis.
  • Improper treatment. A physician has properly diagnoses the condition, but fails to properly treat the condition and as a result the patient is harmed.
  • Failure to warn. A physician fails to advise the patient of risks of a treatment and get the patient's consent to the treatment despite the risks.

In order for a physician or other medical professional's actions to amount to malpractice they must deviated from accepted medical standards.

Pursuing damages

Generally medical malpractice suits can be directed towards:

  • a physician, medical specialist or other healthcare provider who has deviated from the general accepted standards of medical practice.
  • a government agency that operates hospitals or provides specific medical care.
  • a hospital for administering improper overdoses of medication.
  • a hospital for administering negligent nursing care.

Nobody plans for errors during their medical procedures, but the reality is that it does happen, and often. Medical malpractice complications can lead to additional health complications, loss of quality of life, loss of consortium, excessive medical bills, and in some cases long term care following a negligent procedure. Patients injured by malpractice in New York are entitled to compensation for the losses including:

  • Medical expenses
  • Lost wages, compensation and other benefits of working
  • Loss of future wages
  • Pain and suffering

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

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 attorneys at the Law Offices of Stephen Bilkis & Associates are 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.

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