New York Medical Malpractice Attorney Serving Injured Patients & Their Families In Schenectady
When you visit a doctor to receive a diagnosis and treatment, or when you pick up a prescription from your local pharmacy, you should not have to worry about whether your health care provider will make a mistake that will lead to a serious injury. Yet medical errors happen with some frequency, leading to serious patient injuries. If your health care provider’s negligence resulted in an injury, you may be eligible to file a medical malpractice claim. However, it is important to act quickly. New York law places a limited time window on medical error lawsuits. As such, you should get in touch with a Schenectady medical malpractice lawyer today to learn more about your options for seeking financial compensation.
What Is Medical Malpractice In Schenectady?
Medical malpractice, which is also known as medical negligence, refers to a situation in which a health care provider’s negligence causes a patient’s injury. It is important to recognize that all situations in which a plaintiff suffers a harm do not necessarily constitute medical malpractice. To be sure, a patient can suffer an injury even if a doctor does everything right. However, patient injuries do frequently result from a health care provider’s negligent act or omission. If you believe you might have a medical malpractice claim, you should discuss your case with a medical malpractice lawyer in Schenectady.
Elements Of A Schenectady Medical Malpractice Claim
Each state has its own laws concerning medical malpractice, including New York. To win a medical malpractice lawsuit, a plaintiff typically needs to be able to prove the following elements:
- Health care provider owed the patient a duty of care;
- Health care provider breached that duty of care by failing to behave as another health care provider in the same field and area would consider to be reasonable;
- Breach of the duty of care resulted in the patient’s injury; and
- Patient sustained damages.
Common Types Of Schenectady Medical Malpractice Injuries
There are many different types of medical malpractice injuries in Schenectady, New York. The following are some of the most frequent types of claims in a medical malpractice lawsuit:
- Diagnostic error, included a delayed diagnosis, a missed diagnosis, or the wrong diagnosis;
- Medication mistake, including prescribing the wrong type or amount of medicine, filling the wrong type or amount of a medicine, or prescribing medicine that interacts harmfully with a patient’s current medications;
- Surgical error, including wrong-site surgery, wrong-patient surgery, or leaving a foreign object in a patient’s body during surgery;
- Anesthesia mistake, including administering the wrong amount of anesthesia; and
- Obstetric or birth injury error, including mistakes made during pregnancy as well as during childbirth.
Liability In A Medical Malpractice Claim In Schenectady
Depending upon the circumstances of your medical injury, you may be able to file a claim against one or more parties. Examples of possible defendants in a medical negligence lawsuit include but are not limited to:
- Medical assistant;
- Hospital or another facility;
- Laboratory technician;
- Pharmacist; and/or
Statute Of Limitation For A Schenectady, NY Medical Negligence Lawsuit
According to New York’s medical malpractice statute of limitations, an injured patient usually has 2.5 years from the date of the injury to file a medical malpractice lawsuit. The clock starts to tick on the date that the injury occurs, and the plaintiff must file before that 2.5-year time window closes. Otherwise, the injured patient will have a time-barred claim and will not be able to file a medical malpractice lawsuit.
The major exception is a medical negligence injury resulting from a foreign object being left in the body of a patient—such as a sponge or a medical tool after a surgical procedure. In such a scenario, the patient has one year from the date the patient actually discovered or reasonably should have discovered the injury to file a claim for compensation. In other words, this type of plaintiff still might have a claim even if more than 2.5 years have passed but the patient only recently discovered that a surgeon left a foreign object in her body.
Contact A Schenectady Medical Malpractice Attorney
If you or a loved one suffered an injury as a result of a health care provider’s negligence, it is important to learn more about filing a medical malpractice lawsuit. An experienced medical malpractice attorney in Schenectady can help. Do not wait to get in touch with an advocate at our firm. Contact Powers & Santola, LLP to learn more about how we can assist you.