Medical professionals are expected to adhere to specific protocols when gathering patient information before administering certain treatments. For instance, it is standard practice for doctors to obtain a patient’s blood type prior to surgery and other procedures. Oversights and recklessness can lead to preventable errors, however, such as a doctor’s failure to obtain a blood type, which can result in serious injuries. If you have suffered harm due to a doctor’s failure to implement basic safeguards for your well-being, you have the right to pursue compensation, and it is crucial to consult an attorney promptly. The experienced Syracuse medical malpractice lawyers at DeFrancisco & Falgiatano Personal Injury Lawyers are dedicated to assisting those affected by medical negligence, and if you engage our services, we will diligently work to help you seek the compensation you deserve. We routinely aid people in the pursuit of damages in medical malpractice cases in Syracuse, where our main office is located, as well as in Rochester and other cities in Upstate New York.
Injuries Arising From the Failure to Obtain a Blood TypeTypically, medical practitioners collect a patient’s blood type before certain procedures. This practice is essential, especially before surgeries, transplants, or transfusions. Gathering a blood sample for accurate blood typing is usually a quick and straightforward process. Nevertheless, healthcare professionals might fall short in their duties and fail to obtain a patient’s blood type. While sometimes such oversights are inconsequential, they can have dire consequences. For example, if a doctor administers a transfusion using the incorrect blood type or uses a donor organ with a mismatched blood type, it can lead to grave complications, including death.
Elements of a Lawsuit Arising Out of the Failure to Obtain a Blood TypeA doctor’s failure to obtain a patient’s blood type generally constitutes medical malpractice. As such, people harmed by such mistakes will often seek redress via civil lawsuits. As such failures are usually inadvertent, in most lawsuits arising out of the failure to obtain a blood type, the plaintiff will assert negligence claims against the defendant.
In New York, proving the negligence of a healthcare provider involves several steps. Initially, the plaintiff must demonstrate that the defendant owed the plaintiff a duty. Typically, the duty owed is to abide by the standards of the practice of medicine accepted within the relevant community. In most instances, the plaintiff will need to hire a qualified medical expert to explain to the jury or judge what is required under the standard.
Next, the plaintiff must establish that the defendant’s failure to obtain a blood type constitutes a deviation from the accepted standard, which generally requires expert testimony as well. Finally, the plaintiff must establish a direct connection between the defendant's breach and the damages sustained. In other words, they must prove that they incurred measurable losses that were proximately caused by the defendant's actions. Proving causation often requires expert testimony as well.
Damages Recoverable for the Failure to Obtain a Blood TypeIf a plaintiff successfully demonstrates the defendant’s liability, they might be compensated for their economic and non-economic harm. Economic harm includes medical expenses resulting from the defendant’s negligence, future medical costs, lost wages, and out-of-pocket expenses. In some cases, the plaintiff will need to offer testimony from medical and financial experts to establish their economic losses. Non-economic losses generally include mental distress, pain, emotional trauma, and suffering.
Talk to an Assertive Attorney Representing Injured Parties in Syracuse, Rochester, and Upstate New YorkThe failure to obtain a patient’s blood type before a procedure can cause catastrophic injuries, and healthcare providers who make such mistakes should be held accountable. If you or a loved one suffered losses due to a doctor or healthcare professional’s oversights, it’s crucial to discuss your potential claims with an attorney. The assertive Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer possess substantial experience assisting victims of medical malpractice, and if you hire us, we will advocate aggressively to help you protect your interests. We frequently represent injured parties in medical malpractice lawsuits in Syracuse, where our main office is located, and in Rochester and other cities in Upstate New York. You can contact us through our form online or by calling 833-200-2000 to set up a free and confidential conference.