Syracuse Medical Malpractice Lawyers

Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of a variety of different which include errors in diagnosis, treatment, aftercare, or health management. To be considered a viable medical malpractice case, the claim must prove: (1) a violation of the standard of care (medical negligence); (2) causation; and (3) an injury. Causation is the link between the medical negligence and the resulting injuries.

Some of the most common types of medical malpractice include:

• Failure to diagnose or misdiagnosis of various conditions
• Failure to diagnose cancer
• Failure to diagnose heart disease
• Birth injury malpractice
• Emergency room negligence
• Primary care physician malpractice
• Misreading or ignoring laboratory results
• Surgical errors or wrong site surgery
• Anesthesia errors
• Improper medication or dosage
• Poor follow-up or aftercare
• Premature discharge
• Failure to take an appropriate medical history

Generally, in New York, a medical malpractice lawsuit must be commenced within two years and six months (2 ½ years) from the date of the alleged malpractice. If the medical malpractice action involves a wrongful death claim it must be commenced within two (2) years of the death. However, there are exceptions that may be applicable which can reduce or extend the time within which a medical malpractice action must be started. To be sure what your statute of limitations is you should speak to an experienced lawyer as soon as possible.

Medical malpractice is a specialized area of the law, so you want a lawyer who has extensive experience handling these kinds of cases.

The right lawyer will know how to locate, sift through, and analyze the immense amount of medical evidence that usually comes into play in a typical medical malpractice case. When a medical expert's help is needed, the lawyer should have an extensive list of qualified medical professionals to consult with.

An experienced medical malpractice lawyer should have knowledge of the medicine involved in your case, be confident in deposing or cross examining medical Defendants, have a familiarity with the medical defense lawyers, a positive reputation with the Courts, and they should have extensive experience dealing with the doctor's insurance carriers.

Having an experienced medical malpractice lawyer is critical for your best chance of success. An experienced medical malpractice lawyer will have knowledge of the medicine, access to highly qualified and experienced medical professionals, they will be knowledgeable of the litigation process, and they will have the experience in presenting your case at trial.

If a medical malpractice case does not settle, and the case goes to trial, your attorney would present medical expert testimony to explain to a jury how the Defendant medical provider deviated from generally accepted medical standards of care. Ultimately it will be up to a jury or a judge to determine if medical malpractice occurred.

Medical malpractice lawyers work under a contingency fee agreement, which means the lawyer's fee for representing the injured patient is paid as a percentage of any court award or settlement. So, if the claim can't be settled out of court, and/or if the medical malpractice lawsuit goes to trial and the patient loses, the lawyer doesn't get paid.

The most common contingency fee in New York for personal injury cases is 33 1/3% of the recovery. However, for medical malpractice cases in New York, the legal fees are paid on a sliding scale by way of state statute, so the fee is typically less than 1/3 of the recovery. However, because of the extensive work medical malpractice cases require, a Court could potentially increase the fee up to 1/3 upon petition. So, the bottom line is that the legal fees for a medical malpractice case will be 1/3 or less of the recovery.

Medical care is supposed to make people better, not worse. But sometimes the reverse is true. Medical professionals even have a term for this: "complications."

Sometimes these complications aren't anybody's fault. However, preventable injuries often occur due to medical malpractice. For example, not every hospital-acquired infection is caused by negligence. But if an infection occurred because a medical professional failed to follow protocols for proper hand hygiene – i.e., didn't wash his or her hands properly – that is different.

Our point is that an adverse medical event may be the result of negligence. And if you aren't sure and serious harm has occurred, it makes sense to discuss your case with a skilled medical malpractice lawyer at our Syracuse firm.

Whether it's a failure to diagnose cancer, an inexplicable birth injury or some other issue, we encourage you to get in touch with us to explore your legal options.

Medical malpractice occurs far more often than most people think. In recent years, researchers have increasingly called attention to the persistence and sheer size of the problem.

In November 1999, the Institute of Medicine, a respected medical research organization, released a highly influential report called "To Err Is Human." The report estimated that up to 98,000 people die in the U.S. every year due to medical errors that could have been prevented. Researchers now believe that the actual number is significantly higher than that.

Numerous factors contribute to the persistence of medical errors. They include:

• Lack of continuity of care – The sheer size of present-day health care systems and the complexity of the treatments available are major challenges. Communication between medical professionals is often incomplete or nonexistent. Without continuity of care, patients can too easily fall between the cracks and be seriously harmed.
• Flawed medical culture – Medical culture is still very top-down, with nurses and other professionals reluctant to speak up even if a doctor seems to be making a mistake. Doctors and other medical professionals are also reluctant to criticize each other, resulting in lack of reporting of medical errors. The fewer errors that are reported, the less safe our health care system is for patients.
• Resistance to change – Cutting-edge research and innovative programs are increasingly available to reduce medical mistakes. The use of checklists, for example, has had documented success in preventing surgical errors. But many doctors and hospitals fail to take needed action to implement the new best practices.

The bottom line is that you don't need to naively trust medical professionals. If it seems like something went terribly wrong, call our Syracuse medical malpractice attorneys to discuss your situation. We can help you figure out what happened and take appropriate action.

Medical malpractice occurs far more often than most people think. In recent years, researchers have increasingly called attention to the persistence and sheer size of the problem.

In November 1999, the Institute of Medicine, a respected medical research organization, released a highly influential report called "To Err Is Human." The report estimated that up to 98,000 people die in the U.S. every year due to medical errors that could have been prevented. Researchers now believe that the actual number is significantly higher than that.

Numerous factors contribute to the persistence of medical errors. They include:

• Lack of continuity of care – The sheer size of present-day health care systems and the complexity of the treatments available are major challenges. Communication between medical professionals is often incomplete or nonexistent. Without continuity of care, patients can too easily fall between the cracks and be seriously harmed.
• Flawed medical culture – Medical culture is still very top-down, with nurses and other professionals reluctant to speak up even if a doctor seems to be making a mistake. Doctors and other medical professionals are also reluctant to criticize each other, resulting in lack of reporting of medical errors. The fewer errors that are reported, the less safe our health care system is for patients.
• Resistance to change – Cutting-edge research and innovative programs are increasingly available to reduce medical mistakes. The use of checklists, for example, has had documented success in preventing surgical errors. But many doctors and hospitals fail to take needed action to implement the new best practices.

The bottom line is that you don't need to naively trust medical professionals. If it seems like something went terribly wrong, call our Syracuse medical malpractice attorneys to discuss your situation. We can help you figure out what happened and take appropriate action.