Central New Yorks Top Medical Malpractice Injury Attorneys
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 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 Fayetteville and Central New York medical malpractice attorneys. The medical malpractice 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 the accepted standard of care, he or she may be liable for injuries or death caused.
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
- Birth related injuries
- Lack of informed consent by the patient
- Prescription mistakes, including negligent administration, incorrect dosage, incorrect medication or failure to monitor the
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 provider 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 a 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
- 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
- The injury sustained is compensable – The injury to the victim has to have caused pain and suffering or economic
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.
What We Can Do For You
Securing legal representation with Gattuso & Ciotoli, PLLC means that you will have the benefit of an accomplished Fayetteville 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 Fayetteville and Central New York medical malpractice attorneys will be able to help you recover your losses and move on with your life.
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 Fayetteville 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.
Fayetteville and Central New York 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 personal injury lawyer at 315-314-8000.