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Syracuse Medical Malpractice Lawyer

Central New York’s Top Medical Malpractice Injury Attorneys

Thousands of people in Syracuse and surrounding areas of New York trust their doctors and other healthcare professionals to provide safe and effective treatment. Unfortunately, medical errors are more common than many people realize and often have devastating effects. If you were hurt as a patient of St. Joseph’s Health Hospital, SUNY Upstate Medical University Hospital, or any other medical center in the area, you need to speak with a Syracuse medical malpractice lawyer.

Representing Victims of Medical Malpractice in Syracuse, NY

Each year, thousands of people turn to medical providers for competent professional help and, instead, are injured or sometimes even die due to medical errors that were medical negligence. These avoidable medical mistakes can happen in surgeries, hospital care, medical clinics, ambulances, doctor’s offices, or through receiving treatment from any other type of licensed medical professional. When a healthcare provider fails to follow proper protocols and procedures, or performs an operation for which they were untrained or unprepared, it might be an issue of medical malpractice.

Medical negligence can bring about life-altering events that can cause pain, discomfort, loss of enjoyment of life, lost income, continuous medical care, medical bills, long-term home care expenses, and other economic losses. Medical negligence can also cause substantial emotional trauma. When a healthcare professional negligently provides medical care that results in wrongful death or injury to one of his or her patients, that patient or, in the event of death, their loved ones, could be entitled to money damages.

If you or someone you love has sustained injuries as a result of what you think might be medical malpractice, or you just have questions that you would like an answer to, then please reach out to our Syracuse and Central New York medical malpractice attorneys. The Syracuse personal injury attorneys at Gattuso & Ciotoli, PLLC are competent attorneys when it comes to evaluating medical malpractice cases and claiming compensation for the damages that result from medical negligence.

What Exactly is Medical Malpractice?

Not every bad outcome is medical malpractice. The contemporary medical profession itself establishes the criteria for what constitutes medical malpractice by its own established standards of care for the practice of general and specialized areas of medicine. If a medical professional acts outside of the accepted standard of care, he or she may be liable for injuries or death caused.

The standard of care is the level of treatment a patient requires for their individual diagnosis. The medical community establishes consensus for standards of care for all known ailments and injuries, and medical professionals are required to adhere to these standards at all times. When a medical professional’s negligence or intentional deviation from the standard of care harms their patient, it is known as malpractice.

Examples of Medical Negligence

Medical mistakes can happen in a variety of different ways and quickly turn into the reason someone files a claim for medical malpractice.

Reasons for medical malpractice lawsuits include the below-listed incidents:

  • Surgical errors, including surgery not performed to the accepted standard of care, conducted on the incorrect body part, surgical instruments left inside of a patient, injuries as a result of excessive bleeding or lack of oxygen during surgery, failure to timely perform surgery.
  • Failure to diagnose or misdiagnosing a medical condition, or failure to perform all necessary diagnostic. Misdiagnosis may subject a patient to ineffective treatments that do more harm than good and do nothing to treat their actual condition, and delays in accurately determining their true condition can cause the condition to worsen to critical levels.
  • Emergency room errors. The emergency room can be the most chaotic area of any hospital, but emergency room staff have strict procedures they are required to follow to ensure all ER patients are seen as quickly as possible and treated according to the severity of their conditions. If ER staff fail to perform patient intake correctly, the results can be catastrophic.
  • Birth related injuries. Any type of injury during childbirth has the potential to cause life-changing harm to the affected child. Cerebral palsy can result from oxygen deprivation, and it is also possible for a host of other adverse medical conditions to arise from mishandled childbirth procedures.
  • Lack of informed consent by the patient. Every patient has the right to know all associated risks and potential benefits of a proposed course of treatment. If a medical professional fails to disclose these details and the patient is not fully aware of the risks of the treatment, it is a serious informed consent violation.
  • Prescription mistakes, including negligent administration, incorrect dosage, incorrect medication or failure to monitor the patient while taking the medication. It’s possible for a prescribing doctor to face a malpractice suit for a negligent prescription, or a pharmacist could face a malpractice claim for failure to fill a prescription accurately.

These are a few examples of medical negligence that malpractice lawsuits may consist of, but there are many more. If you feel that the measure of medical care provided to you or your loved one by your healthcare professional has not met the standard that they are obligated to provide, then the hospital, doctor, nurse, therapist, or other healthcare providers could be held liable for any injuries that you have sustained as a result of their negligence.

How Medical Malpractice Can Occur

Medical malpractice could result from a lapse in judgment, unskilled technique, or even complete disregard for medical protocol. Regrettably, miscalculations, and oversights do happen, and no matter what the reason, the victim can get worse or possibly die as a consequence. Many Americans who have experienced medical malpractice die every single year from avoidable injuries. In a quoted 2013 statistic from the U.S. National Practitioners Data Bank, the state of New York experienced a greater number of malpractice payouts than any other state in America, with a total of $763,088,250.

Holding Those Who Are Negligent Liable

Medical malpractice lawsuits can be filed in New York after a competent medical expert has reviewed a patient’s medical records and concluded that medical care provided by a hospital, doctor, or other healthcare provider fell below the accepted standard of care. Holding the person or persons who are deemed at fault accountable for their actions and bringing them to justice, however, will center on the injured or on their family’s capability to demonstrate proof of the following:

  • The medical professional or hospital owed a duty of care to the patient – When someone is a patient or is being provided health treatments or health information, the person who is providing that service has a duty of care.
  • The healthcare provider was negligent and breached the duty of care – Neglect is deemed to have occurred if the care that was provided did not meet the standard that another reasonable medical specialist would have.
  • An injury occurred that is causally related to the negligent care – The injury is related to the substandard medical care provided and not some other cause.
  • The injury sustained is compensable – The injury to the victim has to have caused pain and suffering or economic loss.

Establishing negligence in cases of suspected medical malpractice is often very challenging, which is why you need qualified, dedicated, and experienced medical malpractice legal representation.

Your Syracuse medical malpractice lawyer can be an invaluable asset for every stage of your case. You will need extensive evidence and documentation to build a strong foundation of your case, and New York law requires a plaintiff to obtain a written certificate of merit in support of their claim. A medical professional who holds qualifications similar to the defendant must explain in writing how the defendant’s actions constitute medical malpractice.

This certificate must be presented to the defendant along with the lawsuit, or the certificate must be provided within 90 days of filing the suit if the statute of limitations is an issue. In this written certificate, the expert witness must explain how the defendant breached their duty of care in the situation and what a licensed physician should have done differently in the same circumstances.

Building the foundation of a medical malpractice suit takes time, and it is vital to start this process as quickly as possible after you have been injured by a medical professional’s negligence. Your Syracuse medical malpractice lawyer at Gattuso & Ciotoli, PLLC, can provide ongoing support through all stages of your case, and we are confident we can guide you to a positive outcome.

What Our Syracuse Lawyers Can Do For You

Securing legal representation with Gattuso & Ciotoli, PLLC means that you will have the benefit of an accomplished Syracuse and Central New York medical malpractice attorney working with you when it comes to collecting evidence and obtaining expert witness testimony that will strengthen your lawsuit. Gattuso & Ciotoli, PLLC has served numerous medical malpractice victims across Central New York. Each victim is someone whose life has been forever affected by a person that they trusted to take care of their health. If you decide to hold the physician, nurse, doctor, or other healthcare professionals accountable for their behavior, then our Syracuse and Central New York medical malpractice attorneys will be able to help you recover your losses and move on with your life.

A medical malpractice suit is a type of personal injury case, and in any personal injury case in New York, the injured plaintiff has the right to claim full repayment of any economic losses they suffered because of the defendant’s actions. The plaintiff also has the right to claim compensation for non-economic damages, and their attorney can help them maximize all aspects of their recovery.

Many medical malpractice cases filed throughout New York are resolved through settlement negotiations. This process enables all parties involved to resolve their case more quickly than litigation would allow and with more control over the final outcome. However, it requires both the plaintiff and the defendant to be willing to compromise on a mutually acceptable resolution to the case. If settlement is not an option, the case must be resolved at trial.

Your Syracuse medical malpractice lawyer at Gattuso & Ciotoli, PLLC, can help you build a compelling case that encourages the defendant to seek a swift settlement. Our firm is adept at negotiating on behalf of our clients, and we are also fully prepared to represent you in the courtroom if your case must be resolved through litigation. We develop an individualized case strategy for every client we represent.

Time is a crucial concern in any medical malpractice case in Syracuse. If you believe you are the victim of a medical professional’s negligence, you need to consult an attorney you trust as quickly as possible so they can begin gathering the evidence you will need to hold the defendant accountable for their actions. Reach out to Gattuso & Ciotoli, PLLC, at your first opportunity to learn how we can assist with your case.

Frequently Asked Questions

Do I Need an Attorney if I Believe I Have a Medical Malpractice Case?

Yes. Hiring a qualified medical malpractice attorney is the smartest way to handle this type of lawsuit. Medical malpractice cases are extremely complicated, challenging to win, and can be very costly to prosecute. Our Syracuse and Central New York medical malpractice attorneys will gather all of your pertinent medical records, laboratory test results, pathology reports, and any other relevant information that might in any way pertain to or affect the outcome of your case. We will then have them reviewed by a qualified medical expert to determine whether you have a meritorious case to pursue in court.

What Sorts of Damages Are Able to be Recovered?

Medical malpractice attorneys in the State of New York are able to assist victims in recovering pain and suffering damages, medical expenditures for the purposes of managing the injuries that were caused by the malpractice, disability and disfigurement damages, and lost wages due to missed time at work or a diminished ability to earn future wages. In some situations, parents, spouses, and children of people who have been injured through medical negligence can recover damages for the loss of the care, affection, companionship, love, and other comforts of the family relationship that are now gone forever due to medical malpractice.

If I Win a Malpractice Case for a Birth Injury, Who Will Get the Settlement?

If an infant experiences harm from an avoidable birth injury and survives, then any damages that are awarded as a part of a medical malpractice lawsuit will typically go to the child through a trust.

What if my Insurance Paid for the Procedure That Ended Up Being Malpractice?

Even though no money actually came out of your own pocket, you can absolutely file a claim for medical malpractice. It makes no difference at all who paid the bill for your medical costs. Health care professionals are obligated to provide treatment that follows the accepted standard of care regardless of who is paying for the treatment or procedure.

Are There Penalties for Medical Malpractice in New York?

Yes, it is possible for a defendant to face penalties beyond the compensation they owe to the victim, depending on the nature and severity of their actions. Some medical professionals have lost their licenses in response to what they have done to their patients, and this is especially likely in cases involving egregious negligence, intentional misconduct, or if a doctor or other medical professional was treating a patient while under the influence of drugs or alcohol.

What Does It Cost to Hire a Syracuse Medical Malpractice Lawyer?

In New York, medical malpractice attorneys are paid using a contingency fee billing system. Rather than pay upfront and ongoing attorneys’ fees, a client pays their attorney a percentage of the total compensation won for them, and only if the attorney wins the case. The contingency fee is a percentage of the total won for the plaintiff, calculated incrementally based on the total compensation won for the plaintiff. If there is no recovery, there is no fee.

Call Our Syracuse Medical Malpractice Lawyers

The attorneys at Gattuso & Ciotoli, PLLC have more than 50 years of combined legal experience successfully representing New York residents who have sustained injuries because of a medical error or malpractice. If you or someone you love has been injured as a result of medical malpractice, contact the law firm of Gattuso & Ciotoli, PLLC to discuss your situation with a skilled New York medical malpractice attorney to find out if you have the right to pursue a lawsuit. Call us today to schedule a free consultation with a skilled Syracuse personal injury lawyer at (315) 314-8000.