In New York, physicians are responsible for performing their job up to the accepted standard of care of the medical community. When treating a patient, doctors must take the same steps as that of another competent physician in the same field. When a doctor fails to uphold that level of care, they have committed medical negligence. Medical negligence can cause the patient serious injury, and has been known to be fatal in some cases. Fortunately, patients who have suffered an injury due to medical negligence may be able to file a lawsuit to recoup damages they may have suffered. As a result, patients who have suffered an injury due to medical malpractice should seek the counsel of a New York Medical Negligence lawyer. At Queller, Fisher, Washor, Fuchs, & Kool, we have been protecting the rights of medical malpractice victims for over 50 years. We understand the strain an injury due to medical negligence can cause patients. As a result we are committed to helping in our patients' recovery by fighting for the damages they may have suffered.
Have you or someone you love suffered an injury during or immediately following a medical procedure? If so, you may have legal recourse. For a free, no obligation consultation, call 212.406.1700 or contact us online. The attorneys at Queller, Fisher, Washor, Fuchs & Kool take all cases on a contingency fee basis, meaning there is no charge without a recovery.What are the Grounds for a Valid Medical Negligence Claim?
While individuals who have suffered an injury due to improper medical treatment may be able to file a lawsuit, they must be able to prove that their presiding doctor failed to meet certain criteria. The following are necessary to have a viable medical negligence claim:
The Doctor Failed to Uphold the Standard of Care: Doctors are expected to act with the same level of care as another competent physician in the same field. When a doctor fails to uphold this standard of care, they have acted negligently.
The Physician's Negligence was the Cause of the Injury: In order to have a valid medical malpractice claim, the physician's negligence must have been directly responsible for the patient's injury. In other words, a patient can be injured in a medical procedure, but they do not have a valid lawsuit unless the physician acted negligently and that negligence caused the injury.
The Injury Caused the Patient to Suffer Damages: The patient's injury must have caused either economic or non-economic damages in order to have a valid claim. Economic damages are any financial losses the patient suffered due to the injury, such as lost wages or medical bills not covered by insurance. Non-economic damages are any long term physical pain or emotional trauma caused by the injury.Why do You Need a Skilled Medical Malpractice Lawyer?
Individuals who have suffered an injury due to medical negligence should seek the counsel of a skilled malpractice attorney. Medical negligence cases can be expensive and time consuming, necessitating the hiring of a law firm that has the resources to adequately handle these cases. Hiring skilled representation can mean the difference between a favorable verdict or settlement and disappointment. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have the skill and resources necessary to properly handle medical negligence cases. Our attorneys' process-which includes hiring medical experts to help prove that the physician may have acted negligently- for handling medical negligence cases has led to a number of favorable verdicts and settlements, including a recovery of $46.2 million.
Do you believe that you or someone you love has suffered an injury due to medical negligence? If so, you may be able to file a medical malpractice lawsuit. To see how Queller, Fisher, Washor, Fuchs & Kool may be able to help you, call 212.406.1700 or contact us online.