BUFFALO, NY MEDICAL MALPRACTICE ATTORNEYS Helping Families Throughout Erie County and Western New York
Though it’s widely known that health care professionals can make errors in providing treatment, you may not realize the full extent of medical injury cases. According to a recent article in Becker’s Hospital Review, a resource for data and trends in the health care industry, New York topped the list of the highest medical malpractice payouts in 2018 at $685.3 million. These amounts certainly helped victims recoup some of their losses, but many still suffer the emotional and physical consequences of their injuries.
At Richmond Vona, LLC, our lawyers understand the far-reaching implications for victims of medical malpractice. We’re dedicated to helping you get the compensation you deserve through our extensive knowledge, experience, and skills in such claims. Please contact our office to schedule a free case evaluation with a Buffalo medical malpractice attorney, and read on for some important information about these matters.
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Types of Medical Malpractice Claims
In general, medical malpractice claims arise out of mistakes and careless acts, which can be classified into multiple categories:
Misdiagnosis: Physicians can make mistakes when diagnosing a patient, usually in one of the following ways:
- Erroneous Diagnosis: When a doctor provides a diagnosis that’s inaccurate, the patient suffers because he or she receives unnecessary care for a condition that’s not present. Plus, the true ailment goes untreated entirely.
- Delayed Diagnosis: A physician may be careless in not recognizing the signs and symptoms of a medical condition, so the patient doesn’t receive proper care in a timely manner. Delays in providing a diagnosis can be especially harmful for cancer and other issues that can become terminal.
Surgical Errors: These mistakes may include:
- Operating on the wrong patient;
- Performing surgery on the wrong body part;
- Leaving an object inside the patient; and,
- Causing harm to the body around the location of the procedure, such as slicing a blood vessel or organ.
Lack of Informed Consent: A physician is required to obtain the patient’s consent to a procedure after explaining the nature of the treatment and its risks. Failure to do so may be an example of medical malpractice.
Both Keith and John were named to the Top 100 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers.
John was named to the Top 40 Under 40 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers three consecutive years in a row.
John and Keith were both selected as Upstate New York Rising Stars by Super Lawyers, a Thomson Reuters publication.
Keith has been involved in trial verdicts totaling in excess of $17 million and settlements valued at more than $100 million on behalf of his clients.
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Keith has served in the United States Marine Corps and worked as a police officer for the City of Buffalo, where respect and honor are two of the foremost values.
How Medical Malpractice Cases Work in New York
- Your health care provider had a duty to treat you according to medically accepted standards of care, a duty which arises out of the patient-physician relationship.
- Your doctor breached this duty by deviating from the standard of care, essentially NOT treating you in accordance with how a prudent physician would have provided care under the same circumstances.
- The breach of duty was a direct cause of your injuries, instead of from some other intervening factor. Disappointment in the result of a procedure would not rise to the level of meeting this element.
- You suffered losses as a result of your injuries.
Buffalo Medical Malpractice FAQs
Some of the most frequently asked questions about medical malpractice claims in New York include:
What damages can I recover in a medical malpractice claim?
Monetary damages are intended to compensate you for the losses you sustain because of a health care provider’s mistake. One type is economic damages, such as costs of additional treatment for your injuries and your lost wages. The second type is non-economic damages, including pain, suffering, emotional distress, and other subjective losses.
Do medical malpractice claims settle or go to court?
Sometimes cases do settle with the provider’s medical malpractice insurance company, usually after an extended period of litigation negotiations. Insurers are reluctant to pay out these claims because they lose money, which is why they’ll fight to protect their own interests – not yours. If the company won’t settle for a fair, reasonable sum, we will take your case to trial.
How long do I have to file a medical malpractice lawsuit?
New York has a 2.5 year statute of limitations, so you must file your lawsuit before this time period expires. The clock starts running the day of the mistake OR the point where you discovered the injury. In rare situations you may have more time, but you should always contact an attorney as soon as you discover your injuries.