Medical malpractice is a complex field. The injured party must prove that the doctor or hospital did not follow proper medical procedures and practices to win a medical malpractice case. Though this may sound simple, it is tough to prove.
As a defense, doctors may claim that the injuries were a result of:
- An accepted and known risk
- An unforeseen and unavoidable consequence
- Something the patient did or did not do
A nursing home abuse lawyer can handle your case, prove a medical professional’s liability, and secure fair compensation for your injuries.
Compensation You Can Receive for Medical Malpractice
After suffering injuries or illnesses due to medical malpractice, you may stand to receive compensation from a liable party. We can calculate both your economic and non-economic damages to ensure you seek a fair settlement.
Potential compensation may include:
- Pain and suffering damages for all physical and emotional injuries
- Medical expenses to address the original medical issue your doctor failed to properly treat
- Medical expenses to address any injury, illness, or complication that arose due to improper treatment
- Lost wages if your injuries kept you from working
- Reduced earning capacity if your injuries prevent you from working (or working in the same capacity you once did)
- Loss of quality of life if you cannot engage in the activities you once enjoyed
We will carefully assess your damages after a thorough review of all of the facts and circumstances of your injuries and their effects on your life.
Wrongful Death
If medical malpractice led to your loved one’s passing, we can also pursue a settlement or court-awarded offer for their wrongful death. When we calculate your losses, we will consider:
- Your loved one’s pain and suffering before their passing
- Your loved one’s medical bills, both for their original medical issue and any additional injuries that resulted from medical malpractice
- Loss of inheritance for the income your loved one would have provided the family
- Loss of consortium for the emotional comfort your loved one provided
When we handle your case, you can grieve in peace while we handle the legal process.
Proving the Negligence of a Medical Professional Can Be Complicated
Pursuing compensation in a medical malpractice case involves proving the medical professional acted in a way that another professional would not have and those actions have caused you physical and emotional harm. This may relate to several stages of your care.
The following examples demonstrate the ways in which medical malpractice may occur:
- A medical professional fails to diagnose your condition, which leads to the condition worsening
- A medical professional misdiagnoses your condition, leading to new injuries or illnesses
- A surgeon leaves surgical tools in your body
- A surgeon operates on the wrong side of your body
- A medical professional fails to prescribe the proper dosage of medication when treating your condition
- A medical professional fails to consider your medical history, such as pre-existing conditions, when treating your illness
- A medical professional fails to inform you on how to take your medication or follow your treatment plan
- A medical professional treats you while under the influence of drugs or alcohol
At Dansker & Aspromonte, we work closely with doctors and nurses who review the facts and medical records to provide expert medical analysis that may prove you were the victim of malpractice. We also have access to an enormous network of the most respected medical experts in the country to help prepare the case for trial.
Potentially Liable Parties You Can Include in Your Claim
A medical malpractice case may involve various liable parties, and we can work to identify who is responsible for your injuries. Examples of at-fault medical professionals include:
- Doctors
- Surgeons
- Nurses
- Medical assistants
- Pharmacists
- Nurse practitioners
- Psychiatrists
- Dentists
We will investigate your case and establish liability. For example, if the injury was sustained during labor, we have an NYC birth injury lawyer who can evaluate the accident and gather evidence to prove how the delivery staff’s negligence contributed to your child’s injuries.
From there, we will determine the value of your claim and demand a fair settlement from the hospital or their insurance company.
Types of Medical Malpractice Cases We Handle
When you see a doctor, you trust them with your health. Medical professionals must adhere to strict standards of care. When they fail to do so, serious consequences can result. We can help prove their negligence when we handle your case.
Types of medical malpractice cases we handle include:
| ● Doctor Negligence | ● Nursing Home Negligence |
We can Represent You at a Trial
If we cannot secure a fair settlement after negotiating with representatives of the medical providers who acted negligently, we can file a lawsuit and present your case to a jury at a trial in Court.
Our aim is for you to suffer no further harm as a result of your injuries, and we will do everything possible to protect your legal rights.
Work with our Attorneys Today on Your Medical Malpractice Case
If you or someone close to you has suffered due to medical malpractice, our New York attorneys are here to help. We handle medical malpractice cases in New York, and we welcome your inquiries and questions about these matters. Learn about working with a medical malpractice attorney during a free consultation by contacting us online or calling us.
Don’t delay, as there are deadlines that limit your rights. If you fail to file your claim before the deadline expires, you may be prevented from recovering the compensation you deserve.