Because of the nature of their job, doctors must adhere to extremely high standards. They have strict procedures and protocols they must follow to ensure every patient receives the best treatment available, from triage to diagnosis and treatment, and through any necessary follow-up care. If they fail to stick to these procedures and protocols, patients could suffer serious complications, including death. If you suffered advancing illness, additional injuries, or other complications because of your doctor’s negligence, we may be able to help you hold your doctor or hospital responsible for medical malpractice.
Medical malpractice laws in New York are complex, but the legal team from Gacovino, Lake & Associates, P.C., can help you understand if you have a viable claim. We offer free attorney consultations and handle all valid cases on a contingency fee basis. We can help you pursue the compensation you deserve for your damages. Call us today at 631-600-0000 and schedule a time to talk with a medical malpractice lawyer in Bohemia, Long Island.
Do I Have a Valid Medical Malpractice Claim?
In general, medical malpractice is a failure to adhere to the proper standard of care while treating a patient. The medical profession has a number of safety protocols built in to prevent minor, everyday mistakes from causing further injury to patients. However, when a doctor ignores these checks and balances or becomes lax in following them, patients may suffer.
This is when medical malpractice occurs. The doctor deviates from the protocols in place to provide patients with the proper level of care they need and the overall standard of care drops.
If we can show that your doctor’s actions caused the standard of care to fall below acceptable levels during your treatment and this caused you injuries, we can pursue a valid malpractice claim. We do this by identifying another doctor with a similar background and training as your doctor and asking them if they will explain the standard of care you should have received based on the facts of your case. They will also examine the evidence and tell us whether they believe your doctor provided an acceptable standard of care.
How Can I Recover Compensation in a Medical Malpractice Case?
New York requires us to identify a medical expert who will sign a certificate of merit before we can pursue a medical malpractice case against a doctor practicing in the state. Generally, we identify this expert and discuss your case with them as a part of our investigation before we file a claim.
If we have strong proof to show your doctor acted inappropriately, we may file a claim based on your doctor’s medical malpractice insurance before we identify this expert witness. State law gives us 90 days from the day we file a claim to complete our certificate of merit. This certificate tells the hospital, doctor, and insurance company that we have a doctor willing to testify against them if we need to take the case to court.
In most cases, the insurance company or their legal team offers a settlement to our client. We can usually negotiate and recover fair compensation during this process. This allows us to get the money you need without going to court. However, if settlement negotiations fail, we can file a lawsuit against the doctor or hospital and ask a judge to award you fair compensation.
How Does Medical Malpractice Occur?
While medical malpractice can occur in a wide variety of ways, most cases fall into one of these broad categories. If you experienced any of these common medical errors, call us today for a free case evaluation. We can help you understand if you have a case against your doctor or hospital.
Miscommunication
There are safety protocols in place for doctors to prevent miscommunication from causing harm to patients. When doctors, nurses, and other staff ignore these safety double-checks, issues may occur. This could include misdiagnosis, medication errors, surgical errors, and other catastrophic mistakes.
Failure to Follow Procedure
Following the appropriate protocols for every situation ensures a high standard of care of every patient. If the doctor or other caregiver fails to follow the applicable protocols, patients may experience further injury or illness. Whether the doctor provided the expected standard of care is a central question in almost every medical malpractice case.
Failure to Diagnose
A quick and accurate diagnosis is key for the recovery of many patients. While it is sometimes difficult to find the right diagnosis, a doctor must meet the same standard of care of other doctors with similar training in the same geographical area. This means if most doctors would have identified your condition and began treatment sooner—preventing you from suffering additional pain—your doctor may be guilty of medical malpractice.
Medication Mix-Ups
There are safety protocols in place to ensure you receive the right prescription drug, the required dosage, and at the right times. If your doctor ignores these safety checks, you may receive the wrong drug or an incorrect dosage. This can cause serious drug interactions, adverse reactions, overdoses, and other issues that put your health and your life at risk.
Failure to Warn About All Risks
Every test, medication, and procedure has possible side effects and risks. While the benefits usually outweigh these risks, your doctor has an obligation to inform you of them and get your permission to continue. If they fail to do so and you suffer from a complication you were unaware of, we can often file a medical malpractice claim against them.
Talk to a Medical Malpractice Lawyer in Bohemia Today
The medical malpractice team from Gacovino, Lake & Associates, P.C., can walk you through the claims process, protect your rights, and follow all required protocols to file this type of claim. We offer free consultations to anyone who believes they may be a victim of medical malpractice and represent those with a viable claim on a contingency-fee basis. We can handle the legal process for you and pursue the compensation you deserve. Call our office today at 631-600-0000 to set up your complimentary case review.
