Medical Malpractice Attorney Serving Injured Patients in Schenectady, New York
Were you injured because of a healthcare provider’s negligence? You may be eligible to seek financial compensation for your losses. When a doctor makes a mistake and it harms a patient, that patient should reach out to a Schenectady medical malpractice lawyer to learn more about filing a lawsuit. A medical negligence lawyer at Powers & Santola, LLP can help with your case today.
What is Medical Malpractice in Schenectady?
Medical malpractice, also known as medical negligence, is a specific subset of personal injury law. It allows an injured patient to file a lawsuit against a negligent healthcare provider when that healthcare provider’s error causes harm to the patient.
Timetable for Filing a Schenectady Medical Malpractice Lawsuit
Under New York law, a patient typically has two years and six months from the date of the incident that resulted in her injury to file a claim. However, in some medical malpractice cases, the statute of limitations may be extended in situations where the injury resulted from a delayed cancer diagnosis or leaving a foreign object in a patient’s body after surgery. When the medical negligence causes the death of a person the statute of limitations may be shorter than two years and six months.
It is better to get started on your case as soon as possible, and to learn about the statute of limitations in your case by working with a medical negligence lawyer in Schenectady.
Types of Schenectady Medical Malpractice Claims We Handle
At Powers & Santola, LLP, we handle many different types of medical malpractice lawsuits for injured patients and their families in the Schenectady area. Some examples of medical negligence claims we handle routinely include but are not limited to:
- Diagnostic error cases, including misdiagnosis, wrong diagnosis, and delayed diagnosis;
- Medication error claims, including prescribing the wrong amount of a medication, prescribing the wrong medicine altogether, prescribing a medication that interacts in a harmful way with a drug the patient currently uses, providing incorrect information about using the medication, filling the wrong prescription, or filling the wrong amount of the prescription;
- Surgical errors, including wrong-site cases in which a surgeon operates on the wrong body part or the wrong patient, or leaving a foreign object in a patient’s body after surgery;
- Errors during birth, such as errors that cause injury or death to the mother or the infant;
- Anesthesia errors, such as administering the wrong amount of anesthesia; and/or
- Laboratory errors, including conducting the wrong diagnostic test on a sample or improperly storing samples for testing.
Elements of a Schenectady Medical Malpractice Claim
Each state has its own specific requirements for medical malpractice lawsuits, and patients in Schenectady, New York may need to provide more specific evidence depending upon the type of medical malpractice lawsuit. In general, a medical malpractice claim in Schenectady will require the patient to prove the following elements:
- Duty: Healthcare provider had a duty to the patient, which is evidenced through the existence of a doctor-patient relationship (or another relationship between a healthcare provider);
- Breach of duty, or negligence: Healthcare provider breached the duty of care—or was negligent—by failing to provide the same level of care that another Schenectady healthcare provider in the same medical field would have provided; and
- Causation: Healthcare provider’s negligence caused the patient’s harm (in the case of a delayed cancer diagnosis, for example, the patient usually must show that the healthcare provider’s negligence caused the cancer to spread, or for the disease to worsen, or for the patient to have more limited treatment options).
The patient may need to provide specific evidence about how the healthcare provider breached the duty of care and how that healthcare provider’s negligence caused the patient’s harm. For instance, proving causation in a delayed cancer diagnosis claim will require different evidence than proving causation in a wrong-site surgical error case. The Schenectady medical malpractice attorneys at Powers & Santola, LLP, are here to help build a winning case.
Liability in a Schenectady Medical Malpractice Lawsuit
Medical malpractice claims may involve more than one defendant, depending upon the specific facts of your case. For example, if a medical error occurs in a hospital and the physician is employed by the hospital, both the physician and the hospital may be liable. Or, for instance, if you are injured by a medication error, both the prescribing physician and the pharmacist filling the prescription may be responsible for your injuries. The following are examples of parties that may be held liable in a medical malpractice lawsuit:
- Hospital staff member;
- Laboratory technician;
- Chiropractor; and/or
Contact a Schenectady Medical Malpractice Attorney
Medical malpractice can result in substantial harm to patients, and it is important to hold the negligent healthcare provider responsible for his or her errors or omissions. If you or someone you love suffered injuries because of a healthcare provider’s negligence, you should work with a medical malpractice attorney in Schenectady to file a medical malpractice claim. A personal injury lawyer at Powers & Santola, LLP can begin working on your case today. Contact us to learn more about how we assist patients and their families with medical negligence claims.