Queens Medical Malpractice
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.
The following are among the most common medical malpractice cases our queens attorneys take: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 malpractice include:
- 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.
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 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.
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.