What is Medical Malpractice in Rome, New York?
Medical Malpractice is largely associated with botched surgeries, but this area of law covers much more than that in Rome, New York. Medical malpractice is negligence of a healthcare professional, which leads to injury of a patient with whom they have or had a professional relationship.
The category of healthcare professional includes doctors, nurses and dentists, but also professionals such as chiropractors, occupational therapists, midwives, social workers and psychologists. Generally, the professional will have had training and will be licensed in their field.
These types of licensed professionals are held to a standard of care for their profession, and when they deviate from it, they may be held liable. You may have a claim for Medical Malpractice if you were prescribed the wrong medicine, or your doctor missed an obvious diagnosis or otherwise departed from an acceptable standard of care.
How Is a Medical Malpractice Lawsuit in Rome, New York Proven?
If you want to bring a medical malpractice claim in Rome, New York, there are several elements must be established in order to prove liability for medical malpractice against the health care professional:
- The health professional had a professional relationship with the patient;
- The health professional was negligent in some aspect of the patient's treatment. In other words, they failed to meet the standard of care for their profession;
- This negligence caused injury to the patient; and
- This injury leads to measurable damages to the patient, for example: disability, physical pain, mental pain and suffering, and loss of income.
Additionally, if a lawsuit is brought against a hospital, its negligence in training or supervising the professional must be shown. Local, state or federal agencies that operate hospitals may also be included in the lawsuit.
Common Claims of a Medical Malpractice Lawsuit in Rome, New York
If you are going to pursue a Medical Malpractice claim in Rome, New York, it may be particularly difficult and expensive. While medical malpractice includes any negligence that occurred during the course of medical treatment, these are some of the most common medical malpractice claims:
- Surgical errors;
- Failure to diagnose, or incorrect diagnosis;
- Failure to treat properly;
- Unreasonable delay in treatment after diagnosis;
- Misreading of lab results;
- Error in medication prescription;
- Failure to take patient history;
- Anesthesia errors; and/or
- Informed consent: patient wasn't given enough information about risks of treatment.
Furthermore, many states have laws placing caps on the amount of money that successful plaintiffs can recover in Medical Malpractice suits when it comes to non-economic damages. In Rome, New York, the state places a $250,000 cap on non-economic damages in medical malpractice cases.
Do I Need a Lawyer for a Medical Malpractice Lawsuit in Rome, New York?
If you want to pursue a medical malpractice claim in Rome, New York, it is important to reach out to a medical malpractice attorney to assist you since the cases can be quite complex. Medical Malpractice attorneys in know the rules and work on a contingency basis, meaning the lawyer will pay all of the up-front costs, and only gets paid if you recover.
The primary job of a medical malpractice lawyer is to prove that your doctor was negligent in his practice and the doctor's negligence was the cause of your damages. By bringing a legal claim against the doctor or the medical facility where you were treated, your lawyer can help you receive compensation for your injuries.
Luckily, Medical Malpractice attorneys in know the rules and work on a contingency basis, meaning the lawyer will pay all of the up-front costs, and only gets paid if you recover If you do not recover in the case, then you would not have to pay anything to the lawyer other than general expenses spent.