Queens Medical Malpractice Lawyers
Medical malpractice occurs when a healthcare provider treats their patient
with a standard of care that is below the accepted standard of care of
the medical community. In other words, to have a potential lawsuit the
healthcare provider must fail to properly treat their patient as others
in their field with similar training would have. If this negligent care
from your healthcare provider results in an injury, then you may be entitled
to seek compensation for the damages incurred. If you have been injured
by what you believe may constitute a doctor's negligence, contact
our Queens medical malpractice lawyers today.
You can be confident that our attorneys, who have over 50 years of experience,
will review your case and determine whether you may be entitled to compensation
for your injuries. If we determine that your case has merit, we will begin
by conducting a thorough investigation with the use of medical experts.
Our experts will submit affidavits documenting your physician’s
breach of their duty of care. Your appointed attorney will be involved
in every step of your case. If your case must go to trial, you can be
confident that your attorney has the necessary experience and strategic
decision-making in the courtroom.
If you believe that you or a loved one has been injured due to the negligence
of a doctor, nurse, hospital, or another healthcare provider, then you
may have grounds for a medical malpractice lawsuit. Please call Queller,
Fisher, Washor, Fuchs & Kool at 212-406-1700 or contact us online
for a free consultation. Our team of skilled medical malpractice lawyers
will fight to recover the maximum compensation that you may be entitled to.
What Constitutes Medical Malpractice?
To have a valid medical malpractice lawsuit, injured patients must be able
to show all of the following elements are true:
- Initially, a doctor or another healthcare provider should first develop
a patient-physician relationship. This relationship develops the moment
a healthcare provider agrees to treat a patient.
- Once a doctor-patient relationship exists, the physician has a “duty
of care” to their patient. A healthcare provider’s “duty
of care” is defined as the responsibility of every physician to
provide the same level of care to their patients as another reasonably
competent healthcare provider from the same medical field.
- In order for a medical malpractice case to be meritorious, the physician
must have breached their duty of care. If it can be established that your
healthcare provider failed to adhere to the accepted standards of their
medical community, than it may constitute a breach of duty. In addition,
if your physician neglected to act how another reasonably competent physician
from the same field would have, then it may also constitute a breach of duty.
- Apart from establishing negligence, causation between the physician’s
negligence and the patient’s injuries must also be apparent. We
must be able to prove that the physician’s breach of duty was directly
responsible for your injury.
- In addition to causation, the patient must have suffered either economic
or non-economic damages. Compensable damages include but are not limited
to medical bills, lost wages or damages to the patient’s future
earning potential, and pain and suffering.
Types of Medical Malpractice Our Queens Attorney Practice
The following are among the most common medical malpractice cases our queens
Queens Anesthesia Malpractice
If your medical practitioner has caused you injuries, or someone you love
has died, from the misuse of anesthesia, the medical professional responsible
may be liable for damages. A few examples of situations that constitute
- Administrating the wrong dosage of anesthesia
- Selecting the wrong drug
- Administrating the anesthesia too late
- Neglecting to notice a documented allergy or a prior adverse reaction to
the chosen drug.
- Administering multiple drugs that have adverse effects when taken together.
One of the worst anesthesia accidents is called anesthesia awareness. It
refers to when the physician administered the wrong drug or dosage, and
the patient regains consciousness and can see or feel the operation. If
you have been a victim of an anesthesia accident, you may be entitled
to compensation for your physical or emotional injuries.
Hospital Malpractice in Queens
Hospitals, clinics, and nursing homes in Queens are responsible for the
actions of its employees, the condition of their property, and the quality
of their services. When an employee of one of these facilities fails to
use reasonable care when monitoring or caring for a patient, the hospital
may be liable for any damages that the patient suffered. Some examples
where a healthcare institution may be held liable include but are not
limited to the following:
- Ignoring a patient to the extent that their condition worsens and becomes unstable.
- Hospital staff lacks proper training Failure to perform an adequate background
check on a new employee.
- Misusing medical equipment
- Failing to order the proper tests in order to help make an accurate diagnosis
and establish treatment options.
- Failure to follow the hospital’s procedure and implemented guidelines.
Incorrect or Delayed Diagnosis in a Queens Hospital
When a physician incorrectly diagnoses their patient, the potential for
injury greatly increases. For instance, if the doctor issues a wrong diagnosis
and begins to treat the patient for a different illness, the patient’s
condition may become worse and, in some cases, lead to death. The physician
has a legal obligation to their patients to provide the standard of care
that is accepted and practiced by the medical professionals in their respective
field. However, when the doctor fails to uphold that standard, and injury
results, the doctor may have acted negligently and be liable for subsequent
damages. Some examples of negligence that may result in a misdiagnosis:
- When a doctor fails to listen to a patient, the doctor may make an incorrect
assessment or overlook a symptom.
- If a doctor fails to make an accurate diagnosis, despite the patient’s
symptoms clearly indicating a particular illness
- Failure to order standard tests that are required when observing a patient
with certain symptoms.
- the physician neglects to thoroughly examine their patient’s medical
history. For instance, the doctor may miss a documented drug allergy,
which if administered, may be fatal.
- In the case of a delayed diagnosis the physician may be liable even if
they eventually make the correct diagnosis; however, they are unable to
treat the patient in a timely fashion. For example, if a patient has breast
cancer, but their physician wasn’t able to make the correct diagnosis
before their cancer has metastasized, then the physician may be liable.
Emergency Room Malpractice in Queens
Emergency rooms are one of the most common places where medical malpractice
occurs. in an emergency setting, healthcare providers are more susceptible
to making mistakes. When patients come into the emergency room in an unstable
condition, there is a time constraint and psychological pressure that
these medical professionals must work under. Working under this pressure
can lead doctors to become careless in some cases. In order for a emergency
room malpractice lawsuit to be meritorious, it must be proven that the
physicians in question did not perform their duty of care according to
the standards that are established by their peers. Some examples of negligence
that may occur in an emergency room include:
- Misdiagnosing illness that include, but are not limited to: heart attack,
stroke, pulmonary embolism and meningitis.
- Misreading charts and test results.
- Making medication errors that result in adverse reactions and cause additional injury.
- Failure to treat or identify post-operative infections.
Contact Us Today for a Free Consultation
Have you recently undergone a medical procedure? Did that procedure exacerbate
your injury, cause a new injury, or did you suffer an illness afterward?
If so, you may have grounds to file a Queens medical malpractice lawsuit.
For a free, no-obligation consultation with our attorneys, give us a call
at 212-406-1700 or contact us online.