Bronx & Westchester Medical Malpractice Attorney
Thousands of people are harmed at the hands of those who are most meant to protect them every year – medical professionals. When a medical professional makes an error that causes a patient undue harm, that professional may be guilty of malpractice. Following an injury caused by a medical professional in New York, contact a personal injury attorney to discuss your right to compensation. Our Bronx and Westchester medical malpractice attorneys can help.
What is Medical Malpractice?
When a healthcare professional fails to execute his or her duties to a patient, he or she has committed medical malpractice. The ‘duties’ that are owed to a patient are generally defined as those that meet the medical standard of care, i.e., how a reasonable healthcare professional in the same circumstance would act. The standard of care that is owed to a patient by a medical professional is extremely high; it is not acceptable for treatment to dip below the acknowledged standard. When the standard of care is breached, and a patient suffers harm as a result, the patient has a cause of action for filing a medical malpractice claim.
Examples of Medical Malpractice
Medical malpractice occurs anytime a healthcare professional—be it a nurse, doctor, surgeon, anesthesiologist, etc.—fails to take proper care in treating a patient, thereby causing the patient undue harm. Examples of common acts of medical malpractice in New York include:
- Retained foreign object during surgery;
- Wrong site surgery;
- Wrong patient surgery;
- Anesthesia errors;
- Medication errors;
- Failure to diagnose;
- Childbirth injuries; and
- Improper treatment.
The above errors can lead to infection, severe health complications, psychological injuries, and death. The majority of medical errors that occur are preventable, and occur as a result of healthcare provider negligence. Failing to communicate with a patient or hospital staff, failing to sanitize properly, failing to create a pre-op and post-op checklist, and failing to perform proper lab tests can all lead to the acts of malpractice listed above. Our Bronx and Westchester medical malpractice attorneys can provide more information.
Proving Malpractice to Recover Damages
There are four components of a medical malpractice claim that must be proven in order to recover damages for harm sustained. These are:
- Existence of duty of care;
- Breach of duty of care;
- Causation; and
Existence of duty of care refers to the relationship between yourself and your healthcare provider. It asserts that based on your relationship, your healthcare provider had a duty of care (explained above) to you.
The second component, breach of duty of care, is also referred to as negligence or malpractice. This component alleges that your healthcare provider violated the standard of care owed to you.
Causation and damages involves proving that the breach of duty of care was the direct cause of harm, and that the malpractice resulted in damages (health complications, medical expenses, etc.).
Statute of Limitations for Malpractice Claims in New York
While other personal injury claims in New York must be filed within three years following an injury, you must file a claim against a medical professional in no more than two and half years’ time. This law is found in New York Civil Practice Law & Rules section 214-a.
Reach Out to a Bronx & Westchester Medical Malpractice Attorney Now
Proving medical malpractice can be challenging, especially without a skilled lawyer on your side who can advocate for you. At Cavallo & Cavallo, our experienced Bronx, Westchester, and Westchester County medical malpractice attorneys have represented dozens of victims just like you. Reach us now at 914-235-8500 to schedule a free consultation with our legal team today.