Adirondack Medical Center has a campus on Saranac Lake. Services provided at Adirondack Medical Center include women’s health, physical therapy, nursing home, surgery, dental care, behavior and mental health, weight loss, medical fitness, primary care, heart health, sports medicine and athletic training, and cancer care. The medical staff of Adirondack Medical Center includes 60 doctors who are board-certified in twenty-five specialties. Doctors and other staff do make mistakes. Not all mistakes count as actionable medical malpractice, but if you suspect you’ve been subject to a doctor, nurse or staff error that harmed you at a facility like Adirondack Medical Center, a knowledgeable Sarnac Lake medical malpractice lawyer can evaluate your potential claims.
Proving Medical MalpracticeEven when doctors and staff are highly trained, they may make errors that result in catastrophic injury or death. If you were harmed by a doctor and wish to recover damages for medical malpractice, you’ll have to prove by a preponderance of the evidence; (1) there was a doctor-patient relationship, (2) breach from the professional standard of care, (3) causation, and (4) damages. The professional standard of care is different depending on the circumstances and unique characteristics and symptoms of the patient. For example, there may be a different professional standard of care for a patient who is a young woman with no record of pre-existing conditions than there is for an elderly man with a history of heart disease, diabetes, and stroke. A skilled medical malpractice attorney in Sarnac Lake can help in assessing whether the appropriate standard of care was used in your case.
Hospitals or medical centers can be held liable for an employee’s negligence that results in harm to a patient. Often nurses, medical technicians, and hospital support staff are employees of a hospital. If they are negligent in the course and scope of employment, it may be possible to hold the hospital vicariously liable for their professional negligence. For example, if a lab technician performs imaging or tissue analysis incorrectly such that an improper diagnosis made, the hospital may be liable for that error. Sometimes doctors are employees of a medical center, and in that case, the medical center can be held vicariously liable for their professional negligence.
Often, however, a doctor is an independent contractor at the medical center, and in that case, the medical center may not be held vicariously liable for the error. Instead, you would need to hold the doctor directly liable for his or her medical malpractice. When the independent contractor doctor is working in the ER, however, her professional negligence may be considered medical malpractice that the hospital or medical center can be held liable for, even though the independent contractor doctor is not an employee. This is because when a doctor is working in the emergency room, she is serving under the apparent authority of the hospital. In order to hold the medical center liable in that situation, you must have a reasonable belief the doctor is acting on behalf of the medical center.
DamagesIf you suffer injuries as a result of a medical center’s malpractice, you may be able to recover compensatory damages. These include both economic losses and noneconomic losses. Economic losses can include income loss, replacement services, and medical bills. Noneconomic losses are more subjective losses. A Sarnac Lake medical malpractice lawyer can help you present your case for the appropriate type and amount of damages in your situation.
Wrongful DeathWhen a loved one dies as a result of the medical center’s medical malpractice, it may be possible to hold the medical center liable for wrongful death. A wrongful death lawsuit needs to be filed within 2 years of the death of the patient. It may be possible to recover compensatory damages for amounts such as funeral and burial costs, medical bills, nursing bills, lost income, and the value of support and services. When a parent dies, surviving children may be able to recover for parental guidance. New York law requires a showing of pecuniary loss; there is no ability to recover pain and suffering damages for medical malpractice.
Consult an Experienced Medical Malpractice Lawyer in Sarnac LakeDeFrancisco & Falgiatano represents patients who have been injured and families whose loved ones have died as a result of medical malpractice at facilities such as Adirondack Medical Center. Please call us at 833-200-2000 or contact us via our online form to learn more about your rights.