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Medical Malpractice Lawyer Albany NY
Medical malpractice is one of the scariest things that can happen to a person. Many people trust their lives to their doctors every year, so what happens when these professionals do the wrong thing and cause further damage to an innocent individual?
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It's not fair for people to experience severe injuries because of the negligence of medical professionals. However, it's even worse when they're expected to pay for their recovery when their injuries aren't even their fault. In most cases, the medical professional will deny what happened, which will leave the victim with a few options.
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That's when Albany medical malpractice lawyers come into the picture. They will help victims review their medical records and find the necessary evidence to prove that there was negligence that led to their injuries. People who get hurt because of someone else's acts deserve to get compensated, and this law firm is willing to help them.
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The team at Divorce & Family Legal, LLC is prepared to help people with their claims. It specializes in many claims, including medical malpractice. Those who feel afraid that they were victims of medical negligence can trust that this firm will get justice for them.
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This page covers everything to know about an Albany medical malpractice claim. It also goes over why it's better for victims to review their cases with a legal professional to ensure the best results.
About Medical Malpractice Claims
All medical professionals have the obligation to provide a high-quality service to patients. Even if they have good intentions, no one is perfect. Some people make mistakes.
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When a professional doesn't meet the standard of care set by the state, and that leads to injuries, that could be considered medical malpractice.
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It's difficult to tell whether a person's case is medical malpractice at a glance since many factors affect it. A person's injuries may have happened because of other means and not necessarily because of a negligent act of a healthcare provider. It's up to a legal professional to investigate and determine what happened.
Are Medical Malpractice Cases Different from Personal Injury Ones?
Although medical malpractice claims are similar to personal injuries, they're not the same claims. There are a few differences to keep in mind before filing a medical malpractice lawsuit:
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Disputes: Most of the time, doctors will deny fault even when their negligence is obvious. This makes cases much harder to navigate than personal injury ones.
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Complexity: Medical malpractice claims involve complex injuries, as they're related to hospital care or other related issues. Personal injury cases usually involve well-known injuries.
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Witnesses: With medical malpractice lawsuits, the victim will have to look for expert witnesses in the field. This might make the case more difficult or expensive to pursue.
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Sworn Statement of Merit: Victims may need an affidavit of merit. This certificate states that the attorney consulted with a physician and has reason to believe that the victim sustained medical malpractice injuries.
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Statute of Limitations: In some states, medical malpractice claims have a different statute of limitations compared to personal injury ones. New York is one of them.
What Can Cause Medical Malpractice?
Many elements can lead to medical malpractice injuries. Some of them include:
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Infections
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Poor prescriptions
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Surgical errors
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Improper anesthesia application
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Device malfunctions
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Improper use of medical devices
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Leaving devices on a person's body
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Whether it's a poor prescription or a surgical mistake, these events aren't supposed to happen. Even a minor problem can lead to life-altering consequences for the victim, so why would they have to deal with the financial aspect of the recovery too?
Most medical malpractice claims cost a lot of money, and it's not fair for the victim to have to deal with such outstanding amounts of money for something that wasn't their fault. By working with a medical malpractice lawyer (Albany, NY), victims have a better chance of recovering maximum compensation and focusing on their recovery while the expert handles the rest.
What Medical Errors Are Considered Malpractice?
Although there are many reasons why a medical malpractice claim may happen, a few are more common than others. Here's a list of them:
Failure to Diagnose/Misdiagnosis/Delayed Diagnosis
Failure to diagnose is the most common reason for medical malpractice lawsuits. Other related reasons include delayed diagnosis or misdiagnosis. The first one happens when the doctor makes an evaluation but doesn't diagnose the patient with anything.
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Delayed diagnosis, on the other hand, is when the doctor takes too long to identify the issue. Misdiagnosis happens when the doctor diagnoses the patient with a problem they don't have.
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All of these problems can lead to serious physical and mental injuries. Some consequences include not receiving the necessary medication to survive, getting strong side effects from medicines the patient didn't even need, and more.
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Talking to a medical malpractice attorney is crucial in these cases to evaluate the next steps.
Birth Injuries
Childbirth is a stage where both the mother and the child are the most exposed to injuries if a doctor makes a mistake. Even if both people survive, they could sustain serious injuries that affect them forever. It's no surprise that these professionals can get sued for birth injuries.
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These injuries happen because of:
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Human error
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Misdiagnosis
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Excessive force during the delivery
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Improper use of medical tools
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Some of the most common injuries include:
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Facial paralysis
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Head trauma
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Clavicle fracture
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Epilepsy
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Developmental disabilities
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Cerebral palsy
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Brachial plexus palsy
Surgical Errors
Any mistake during a surgery can cause a life full of pain and discomfort for a patient. Mistakes in the surgery room include operating in the wrong area, using anesthesia incorrectly, or leaving medical tools inside the patient's body.
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Medical malpractice victims should talk to an expert to determine if they have a case in their hands. Since there are so many factors to consider, they may not be able to come up with a solution on their own. The team at Divorce & Family Legal, LLC is ready to help.
How Does Compensation Work in a Medical Malpractice Lawsuit?
Victims can earn compensation based on the severity of the accident and the amount of evidence they have in their favor. Depending on the case, they can earn money to cover:
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Medical bills
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Pain and suffering
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Lost wages
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Loss of enjoyment of life
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Rehabilitation/therapy costs
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Loss of companionship
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Loss of earning potential
What If the Person Dies Due to Malpractice Injuries?
The family of the victim can seek compensation through a wrongful death case. In New York, however, only a personal representative of the estate can file such a claim on behalf of the beneficiaries.
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Wrongful death claims allow people to get money to pay for other damages like funeral and burial expenses.
What Can a Person Do If They Think They Have a Medical Malpractice Case?
People who get injured because of someone else's negligence must act fast. They should:
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Seek help from another doctor.
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Find their medical records.
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Avoid sharing details about their medical history with anyone besides their legal team or doctor.
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Document the injuries.
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Contact a personal injury attorney.
How Long Do Victims Have to File a Medical Malpractice Claim in New York?
In New York, victims have two years and six months from the date of the injury to file their claim. If the "mistake" happened during a treatment, the statute doesn't start until the patient finishes it.
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There's an exception for those who get a delayed diagnosis of a malignant tumor. In this case, the clock starts on the date they discover the missed diagnosis or when they finish the treatment.
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On the other hand, if the medical malpractice case involves a device or foreign object left inside a person's body, the victim has one year from the day they discovered it to file their claim.
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Cases involving minors won't start the clock until the person reaches 18 years of age. However, the statute won't extend over 10 years.
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What Do Victims Need to Prove to Win a Medical Malpractice Case?
There are three essential elements that victims must prove to win:
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There was a doctor-patient relationship between the plaintiff and the defendant.
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The defendant (doctor) broke that relationship by not following the standard of care they were supposed to have while treating their patient.
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The doctor's actions caused an accident that led to the victim's injuries, and those injuries resulted in monetary expenses.
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It may be tricky to build a case that checks all those elements without legal help. The team at Divorce & Family Legal, LLC can give a thorough look at each client's case and determine whether there's a medical malpractice case worth pursuing.
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While most doctors will try to downplay the situation or deny the claims, the job of these legal professionals is to prove that they owed a duty of care to the victim and broke it, leading to their terrible injuries and money expenses.
Do You Suspect Medical Malpractice? Get in Touch with Our Team
Getting injured because of the negligence of a healthcare provider is devastating. It's often confusing to determine which steps to take next, especially if the person got severely injured.
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With the help of an Albany medical malpractice lawyer, it's possible to go through the details of the case, review evidence, and negotiate with the necessary parties to reach a suitable agreement.
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Everyone deserves a fair recovery, especially when the injuries are putting the victim's life at risk.
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If you believe that you have a medical malpractice claim on your hands, get in touch with our team at Divorce & Family Legal, LLC. We have resources and experts ready to help you evaluate all aspects of your case, ensuring to give you a comprehensive outlook of what the best outcome could be.
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Schedule a free consultation today, and get the best help that the city of Albany can offer.