What types of malpractice does your law firm handle?

Our law firm handles these types of malpractice: medical, surgical, emergency room errors, hospital errors, medication errors, missed/delayed cancer diagnosis, and nursing home abuse/neglect.

Albany Medical Malpractice Lawyer: Powers & Santola

Q: What are the elements of a medical malpractice case?

One or more health providers failed to act in accordance with medical practices, the patient suffered a significant injury (or death), and malpratice was a direct cause of the injury or death.

Surgery and medications are risky. Diagnosing an illness is complex. Childbirth can be complicated. Even when we receive the best medical care, things can go wrong. Not every bad outcome is a basis for a medical malpractice lawsuit.

However, in many cases, medical malpractice does occur and leads to serious harm. As one recent study found, about $3.6 billion in medical malpractice claims were paid out over the course of one year in the U.S. These claims involved both settlements and verdicts rendered by juries.

We had been fighting a battle with my ob over my son for what seemed like forever. One firm sent us here and we were so thankful! Dan is an amazing attorney and was so gracious to our family.

- Jessica Woodyard

Jessica Woodyard

about Jessica Woodyard

Date published:

5 / 5 stars

At Powers & Santola, LLP, our medical malpractice lawyers know how to investigate cases in order to determine whether medical negligence occurred and to pursue the compensation our clients deserve. Our team features three attorneys who have been recognized by their peers in The Best Lawyers in America© 2015 for their excellence in this field of law: John K. Powers, Daniel R. Santola and Laura M. Jordan.

To learn how a medical malpractice attorney can assist you in your suspected medical malpractice case, please contact our Rochester, Syracuse, or Albany medical malpractice attorneys today by phone or through our online form.

What Are the Elements of a Medical Malpractice Case?

Medical malpractice is defined as the failure of a medical professional to exercise the care and skill provided generally by medical professionals under like conditions and similar circumstances.

To win a medical malpractice lawsuit, you must generally prove:

One or more health care providers failed to act in accordance with accepted medical practices;
The patient suffered a significant and permanent injury (or death); and
The malpractice was a direct and substantial cause of the injury or death.

Determining whether your medical malpractice case has merit requires an extensive review of your medical history. The process starts with our detailed interview with you. If it appears your case has merit, the next step is for a medical malpractice lawyer to obtain and review all relevant medical records.

We also review relevant medical literature to determine the appropriate standard of care when the injury occurred. We retain the best and most appropriate independent medical experts available to review your file and to provide us with an objective assessment of your case.

Then, we can we tell you whether you have a claim.

Please note: Our office pays all of the fees for obtaining your medical records and all of the costs for retaining the medical experts necessary to review your file. We never charge a fee for determining whether your case has merit.

Source: Becker’s Hospital Review (citing Diederich Healthcare’s 2013 Medical Malpractice Payout Analysis)

Medical Malpractice Claims We Handle

At Powers & Santola, LLP, we handle all types of medical malpractice cases, including:

Obstetrical Medical Malpractice Lawsuit

A mother and her child may suffer injuries before, during and immediately after the child’s birth due to the negligence of those in charge of their care. Maternal injuries may include uterine rupture and infection and perinatal infection. A child may suffer shoulder dystocia, brachial plexus injuries, hypoxia and extracranial or intracranial injuries that may lead to permanent, debilitating conditions such as Erb’s palsy or cerebral palsy.

Surgical Errors

Critical errors may be made in preparing a patient for surgery (pre-operative errors) and during the course of an operation, including wrong-site surgeries, organ perforation, anesthesia errors and leaving foreign objects in a patient. In the post-operative phase, the failure to provide proper observation and treatment may lead to infections, blood clots, internal bleeding, respiratory issues and other serious health problems.

Emergency Room Errors

Due to time constraints, staffing issues, miscommunication and other reasons, costly mistakes can be made in emergency departments that harm patients. Common errors involve the failure to diagnose and properly treat heart attack or stroke patients, identify a brain injury, timely admit a patient and order necessary tests such as EKGs and X-rays.

Hospital Errors

Due to a lack of policies and procedures – or the failure of hospital administrators to ensure that all staff members follow proper protocol – mistakes can be made that lead to patients suffering infections, sepsis, septic shock, blood clots and other serious injuries and illnesses. For instance, one study found that only around 40 percent of doctors and nurses comply with the basic step of washing their hands when dealing with patients.

Medication Errors

Mistakes can be made when prescribing medication, filling out prescriptions at the pharmacy or administering medication. Patients may receive the wrong medication or wrong dosage, or they may receive medications that interact dangerously with each other.

The National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP) defines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient or consumer.”

Specific medication errors may include:

Lack of medication for a patient in need
Administration of the wrong drug
Administration of the wrong dosage
Untimely administration of medication – too late or too soon
Administration of medication that interacts adversely or exacerbates the patient’s medical condition.

Missed or Delayed Cancer Diagnosis

The missed or delayed diagnosis of cancer is a particular concern of our law firm. A patient’s prognosis depends on a timely and accurate detection of their disease. New York recognized the loss-of-chance doctrine, which allows patients to recover damages when a delayed cancer diagnosis cost them the opportunity to prevent much of the harm caused by their disease.

Nursing Home Abuse and Neglect

Elderly and disabled patients in nursing homes may be physically and emotionally abused by those who have been trusted to care for them. Residents’ basic needs may also be neglected, leading to dehydration and malnutrition, bedsores, infections, fall injuries and other problems.

Source: Becker’s Hospital Review (citing Diederich Healthcare’s 2013 Medical Malpractice Lawsuit Payout Analysis)

Contact a Rochester, Syracuse, or Albany Medical Malpractice Lawyer

Each medical malpractice lawyer of Powers & Santola, LLP, accepts cases involving doctors, nurses, anesthesiologists, pharmacists, radiologists and other medical professionals. Our firm also handles medical malpractice cases occurring in hospitals, surgical centers, clinics and doctors’ offices. We help clients in pharmaceutical malpractice cases and malpractice and abuse that occur in nursing homes.

To discuss how we may assist you, contact us today by phone or online to schedule a free initial consultation. A medical malpractice lawyer is ready to help you.

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Albany Practice Areas

Albany Medical Malpractice Lawyers