At one point or another throughout a person’s life, they will need to enlist the assistance of an experienced medical professional to diagnose and help them recover from an illness or injury.
Doctors, nurses, paramedics, and other health care professionals have extensive training and education that enables them to provide care and medical treatment, so patients trust that they are placing their lives in the hands of capable individuals.
An unfortunate reality is that a doctor or other health care provider may make a mistake, be negligent, or otherwise cause serious harm to their patients which could result in severe, long-lasting injuries or even the wrongful death of a patient.
Health care providers use their knowledge and training to properly treat patients, but there have been many instances where the health care provider in New York City engaged in some form of medical negligence or malpractice leading to a failure to diagnose properly, failure to diagnose cancer, provide lower than the standard of care, have surgical errors or anesthesia errors, or any other form of subpar medical care that leads to serious injury, including things like brain damage.
Patients in New York City who have been forced to endure the pain and suffering associated with serious injuries resulting from medical malpractice should have an experienced New York attorney file a medical malpractice lawsuit and fight for the compensation they deserve.
Whether it is personal injury cases or a death case, our medical malpractice attorneys at Gregory Spektor & Associates in New York City are here to help clients who have sustained injuries from the negligence of a medical professional get compensation and justice from the doctor who harmed them.
What Is Medical Malpractice?
A New York City health care provider is required to practice proper care standards when treating a patient. When their negligence results in their patient’s constant pain and physical impairment, they can be liable for medical malpractice.
Clients place their trust in healthcare providers because they have the training and education necessary to practice medicine. Sometimes, though, mistakes happen or the doctor is negligent in some way, and the patient is the one who must endure injuries, pain and suffering, and other repercussions of that mistake.
Some of the most common types of medical errors which often lead to medical malpractice claims include:
• Failure to diagnose or misdiagnosis – According to the Medical Malpractice Center, there are about 80,000 to 100,000 misdiagnosis cases in the United States yearly.
This happens when a person is incorrectly diagnosed, resulting in unnecessary or incorrect treatment. If it is a failure to diagnose the issue, the patient may not receive any treatment for their illness and have serious long-term effects as a result. Misdiagnosis and a failure to diagnose can both certainly result in a medical malpractice claim filed on behalf of the patient.
• Surgical malpractice – When surgical errors are made during a surgical procedure, all the people involved are liable for surgical malpractice. Doctors, nurses, anesthesiologists, and others in the operating room are obliged to carry out a certain duty of care, but the failure to do so can result in brain damage or other serious injuries for the patient.
Anesthesiologists who administer too little or too much anesthesia and fail to monitor the patient’s vital signs during an operation during surgery make them liable for anesthesia malpractice.
When a robotic device used on a patient malfunctions during surgery, the victim can file a case of robotic surgery malpractice and a medical product liability claim at the same time.
These are two different types of personal injury cases which are equally relevant in this circumstance, and our experienced malpractice lawyers are willing and able to provide these clients exceptional legal advice and representation throughout the course of their medical malpractice cases.
• Hospital malpractice – No matter how hectic their schedule may be, New York City hospital employees and emergency room staff are expected not to make errors that can cause more harm to their patients. Their duty of care is to help a patient recover from an illness or injury, not be the cause of greater damage. Discharging a patient too soon which results in their further relapse also makes the hospital accountable.
• Medication error – When patients are given the wrong drug prescription or dosage, the doctors are held liable for their medication errors. The interaction with another drug or the incorrect amount taken can be fatal for a patient, so it is essential that the healthcare provider knows exactly how much of a medication to prescribe and whether or not it will have a negative interaction with other prescriptions the patient is taking.
Failing to make these considerations can most certainly result in a medical malpractice claim.
Birth injuries, X-ray radiation overdose, practicing without a license, and confidentiality breaches are also categorized under medical malpractice.
During your free consultation with our skilled lawyers at Gregory Spektor & Associates, we will help you determine if you have a medical malpractice claim against the healthcare professionals who caused you greater harm and how to proceed with the case.
Famous Medical Malpractice Claims from Around the World
Personal injury attorneys who specialize in medical malpractice are well-aware that the field has a long history and that there have been many famous documented cases throughout the centuries. Here are some of the most famous cases of medical negligence and medical malpractice:
MEDICAL MALPRACTICE IN MEDIEVAL ENGLAND
While many people may have the misconception that there was no medical knowledge in the medieval period, the earliest case of medical malpractice against a health care practitioner was recorded in 1164 in England.
The litigation accused a doctor of practicing “unwholesome medicine” on a servant of a particular individual, and the master of the servant sued the physician! Medical malpractice has quite a history!
EARLY BREACH OF CARE MALPRACTICE SUIT
A surgeon named John Swanlond was sued for breach of contract in 1374 by Agnes of Stratton and her husband because he guaranteed he could fix her deformed hand through surgery. He was unable to repair her hand, so the claim was filed. Unfortunately, it was dismissed due to a filing error, but the standard of care was established as a result.
MEDICAL MALPRACTICE IN THE UNITED STATES
The earliest recorded medical malpractice case in the United States was from 1794 when a husband sued his wife’s surgeon because she died on the operating table. He won a settlement of £40.
Fast forward to the 21st century, and we have a great many medical malpractice cases with much higher settlements than one of the husbands from 1794.
An experienced law firm representing a plaintiff in a medical malpractice suit may be able to fight for compensation in the hundreds of millions of dollars, depending on the circumstances and the extent of the personal injury and damages.
Those clients who must live with severe deformities or life-altering results such as becoming a quadriplegic because of the actions of a negligent doctor may be eligible for large settlements under medical malpractice law.
MEDICAL MALPRACTICE AND CELEBRITIES
Just because certain individuals are celebrities, that does not make them immune from the possibility that they may suffer from serious medical negligence at the hands of a healthcare professional.
There have been many famous cases of personal injury/medical malpractice claims throughout the years. Here are just a few:
Elvis Presley, the King of Rock & Roll, died suddenly at the age of 42, and heart disease was cited as the cause. However, it was later discovered that he had 14 different prescription stimulants and depressants in his system at the time of his death, and they may have been a contributing factor. His personal physician was investigated for negligently prescribing medications with discretion. The jury found him innocent, but his license was ultimately revoked in 1995 for gross medical malpractice with 13 patients.
Hulk Hogan, a professional wrestling legend, had a serious injury to his back that put his wrestling career in jeopardy. He consulted with several different back and spine specialists who all gave him differing and conflicting medical advice. Some claimed spinal surgery would solve the issue while others said the surgery would end his wrestling career. He ultimately underwent multiple endoscopic surgeries which destabilized his back. While he filed medical malpractice suits against several physicians for loss of past and future wages, his case was never resolved.
Dana Carvey is a comedian and former SNL star who underwent double bypass surgery to save his life in 1998. After two months had passed, his doctor contacted him and let him know that the surgery was performed on the wrong artery. The doctor claims it was an honest mistake rather than medical negligence or malpractice because of the unusual positioning of Carvey’s artery. Medical malpractice lawyers for the comedian filed a lawsuit for $7.5 million dollars against the surgeon and the hospital. After another surgery and recovery, Carvey has recovered and donated the damages of the settlement to charities that focus on cardiac research.
Michael Jackson, the King of Pop, died suddenly in 2009 due to a number of drugs found in his system during an autopsy and toxicology report. One of those drugs was a powerful anesthetic used in surgical situations called Propofol. It was routinely administered to Jackson by his in-home physician so that the music star could sleep through the night. While no medical malpractice lawyer filed any charges against the doctor for his obvious malpractice, trial lawyers pursued criminal charges, and the doctor was found guilty of involuntary manslaughter. His medical license was also revoked in Texas and California.
No matter who you are, medical malpractice on the part of a trained physician can happen to anyone. From celebrities to ordinary folks, medical malpractice is a serious issue, and your case should be handled by experienced personal injury trial lawyers to ensure the best possible outcome.
Do I Have a Case for Medical Malpractice?
If you sustained injuries, damages, or lost a family member due to the medical negligence of a healthcare provider or medical professional, you may be eligible to file a medical malpractice lawsuit as long as the statute of limitations has not expired.
Any injury caused by medical treatment may not be worthy of a medical malpractice suit, so it is important that you meet with a medical malpractice attorney to find out if your situation qualified under medical malpractice law.
At Gregory Spektor & Associates in New York, an attorney from our law firm will provide you with a free consultation to discuss the details of your case and its eligibility as a negligence case. As your medical malpractice lawyer, we will work diligently to demonstrate why the doctor in charge of your care was at fault and should compensate you for the injuries he or she caused.
What Are the 4 Ds of Medical Malpractice?
In order for a medical malpractice case to be filed and the best outcome to be achieved, your medical malpractice lawyer needs to demonstrate what those in the legal field refer to as the “4 Ds of medical malpractice.” These include duty, dereliction from the standard of care, damages, and direct cause.
Using as much direct evidence as possible as well as the presence of each of the 4 Ds, your New York attorney can illustrate the severity of the negligence as it relates to your case and how the medical professional involved violated the standards of care and his or her oath when serving you as the patient.
What Is the Difference Between Medical Malpractice and Medical Negligence?
For the sake of a personal injury case, it is important to understand the difference between medical negligence and medical malpractice, though many use the two terms interchangeably.
Medical negligence occurs when a doctor fails to provide the standard of care, resulting in harm to a patient. This can include unnecessary surgery, failure to diagnose symptoms, and surgical errors.
Medical malpractice occurs when a medical professional fails to provide an accepted standard of practice and it results in injury or death. It is worth noting that you cannot have medical malpractice without also proving medical negligence.
The biggest difference, though, between the two terms, is intent. In medical negligence, the mistake causes unintended harm. With medical malpractice, the doctor knowingly failed to follow normal procedures and causes harm that he or she knew could have been easily prevented. It may not be a case of malicious intent, but the medical professional would have known that certain procedures should have been avoided to prevent the injury.
How Much Money Do You Get for Medical Malpractice Cases?
As we have said, each malpractice case is different and the circumstances are unique to the patient and healthcare professional involved in the case. However, on average, a malpractice case that is settled out of court usually falls under the $1 million range while those settled by a jury are awarded over the $1 million mark.
An individual case, though, may be higher or lower given the specific factors involved such as the type of negligence, the extent of the injuries, your financial losses, emergency room and other medical bills, and much more.
In order to determine what your case may be settled for, it is imperative to speak with an experienced malpractice lawyer during a free consultation to discuss the actions of your doctors and what may happen throughout the case.
At Gregory Spektor & Associates, we develop a solid attorney-client relationship with our clients to keep them well-informed about the lawsuit against their doctors, and we keep them from having to deal with insurance companies hoping to settle the case for far less than your injuries are worth.
Contact Our Experienced New York Medical Malpractice Attorneys
If you or a loved one has sustained injuries or serious harm as a result of the negligence of a medical professional or you have lost a loved one because of a doctor’s malpractice, contact our New York law firm today.
Your medical malpractice lawyer from Gregory Spektor & Associates will tackle the insurance companies, investigate your claim, and hold the responsible parties liable for the injury they have caused to you and your family.
Our law firm has handled personal injury claims of all types, including medical malpractice, so you can trust that your claim will be in good hands when you hire a medical malpractice lawyer from our firm.
Our New York personal injury attorneys draw upon their vast experience and comprehensive knowledge of the local legal community to advocate for clients in a wide variety of matters. The clients who entrust us with their cases know that when they hire our firm, they will receive high-quality legal representation.
The knowledgeable, friendly, and supportive staff at Gregory Spektor & Associates also have the skills, dedication, and resources in any way possible during the course of your claim.
When you are dealing with the aftermath of a medical negligence claim that resulted in injuries or even the death of a loved one, you need solid representation to help you take on the insurance companies of doctors, medical professionals, and hospitals who are only looking to minimize the financial burden on their clients. They do not care about your pain or suffering. We do!
Allow us to use our education and experience in medical malpractice law to demonstrate why the harm they caused you matters. Call today to schedule a free consultation and get on the road to recovery after a medical negligence claim.
Gregory Spektor & Associates
1 Cross Island Plaza Suite 203C,
Queens, NY 11422
