If you or a loved one were harmed by the actions or the failure to act of a medical provider, you may have a claim for monetary damages against the negligent party. Depending on your situation, this could include a doctor, their attending staff, a pharmacist, a medical facility, and others. These parties are all held to a standard of care when administering treatment to patients. When they fail to provide proper care due either to poor judgment or carelessness, they can be held responsible for any ensuing damages.
A Queens medical malpractice lawyer can help to prove the negligence of the party or parties responsible for your injuries, damages, and losses. At Dansker & Aspromonte Associates, we are happy to provide a free case review so we can discuss the details of your situation with you. When you partner with our law firm, you can expect us to investigate your case, determine liability, negotiate a settlement, or proceed to trial and obtain a jury verdict on your behalf. To get started call us today at (212) 732-2929.
Damages in Medical Malpractice Claims
Every medical malpractice action is unique. The amount of money damages you can recover will depend on the facts of your case.
There are many types of damage awards that can be won in medical malpractice cases including:
- Pain and suffering. When you receive substandard medical care, you are likely to suffer injuries and medical conditions resulting in severe pain, physical discomfort, physical limitations, and emotional distress that you would not have had to endure otherwise. You are entitled to recover money damages for your suffering from the time of the malpractice for the entire period of time that it will likely continue even if the conditions are permanent and will last for the rest of your life.
- Medical expenses. You can pursue medical bills relating to your medical malpractice complications, including the cost of medical treatment and care, further medical procedures, corrective surgeries, prescription medications, physical therapy, and many other expenses related to your injuries.
- Lost wages. This category encompasses the income lost because of the medical error, including wages, salary, self-employment, and other forms of regular income.
- Lost earning capacity. If your injuries require you to work fewer hours, move to a lesser paying job, or retire completely due to your resulting disabilities, you can recover for the loss of your earning capacity.
You might have other types of losses that a Queens medical malpractice lawyer could pursue on your behalf. Dansker & Aspromonte Associates can answer your questions. Call us today at (212) 732-2929.
Types of Medical Malpractice Cases Our Team Handles
There are many different ways in which a medical professional or healthcare facility can deliver inadequate patient care and commit medical malpractice.
Surgical mistakes can include the following:
- Performing an operation incorrectly
- Leaving a foreign object, like a surgical clamp, inside the patient
- Failing to properly and safely provide anesthesia during surgery
- Performing a surgery or continuing to proceed with surgery when it is not safe
- Removing the wrong organ, such as the left ovary instead of the right ovary
- Performing the wrong operation, such as a hysterectomy on a patient who was having surgery for gallstones
- Not performing a biopsy on suspicious tissue discovered during an operation
Failure to Diagnose
If a patient sees a doctor complaining of symptoms indicative of a diseased condition, but the doctor does not run the proper tests or fails to refer to the appropriate specialist, you might have a claim for failure to diagnose if you suffered injuries or complications due to the failure to diagnose. This type of medical malpractice sometimes happens in patients with undiagnosed cancer. By the time the patient goes to a different doctor and receives the diagnosis of a malignancy, the disease has progressed to a later stage with a lower survival rate.
In this situation a doctor diagnoses a minor condition when the actual condition is much more serious and the patient is treated for the non-existent condition for a lengthy period of time. In the meantime, the actual condition becomes much worse and the patient’s chance for cure and recovery is lost or diminished. An example of this is a patient being treated for a muscle strain when they actually have a cancerous tumor If treated much earlier, the patient might have had a chance of surgical cure or remission, but because of the misdiagnosis, the patient faces a grim prognosis. This patient would have the right to pursue a medical malpractice claim.
It is malpractice when a doctor prescribes a medication that is harmful to the patient when such possibility was known or should have been known. For example, when a doctor prescribes a drug to a patient who is allergic to the medication and the information was contained in the patient’s medical chart, but the doctor did not check that section of the record before prescribing the medication. If the patient has a fatal reaction to the prescribed drug and dies, the patient’s family would have the basis for a wrongful death claim.
Not Disclosing Known Risks
Before a physician performs a medical procedure on a patient, the doctor must explain known risks and complications to the patient. The patient needs this information to make an informed decision about whether to undergo a procedure or not. Without this data, the patient cannot give informed consent. It can be malpractice if the patient experiences the complication of the unexplained risk and is injured because of it.
There are many other types of cases that we handle. These are only some examples of the many ways that healthcare professionals can harm people through negligence.
Get Legal Help for a Queens Medical Malpractice Claim
Since 1988 we have been fighting hard to seek justice for our clients and their families.
There is a limited amount of time to start a lawsuit. You do not want to wait too long to take action. Because after the deadline passes, you may lose your right to seek money damages for your injuries and losses.
There is no risk to you. We handle medical malpractice cases on a contingency-fee-basis. This means that you do not pay upfront legal fees for us to help you. We only earn a fee when we are successful in obtaining money compensation. Our fees will come out of the settlement proceeds or jury award at the conclusion of your case.
Call Dansker & Aspromonte Associates today at (212) 732-2929 to find out how we can help you.