Medical malpractice occurs when a doctor, nurse, or other medical professional fails to provide the proper standard of care to a patient, resulting in injury to the patient. Every year thousands of people are injured or killed due to medical malpractice across the United States.

Medical malpractice cases are notoriously challenging due to the many variables and nuances of the medical industry. Of the 38,881 documented errors nationwide in 2021, The NPDB reports that only 9,003 received a financial payout in the form of a verdict or settlement. Complicated statute of limitations laws, the importance of expert witnesses, and finding evidence of malpractice are some of the challenges that legal teams face when handling a medical malpractice case.

If you were injured or a loved one was harmed, injured or died due to medical negligence, contact the award-winning medical malpractice attorneys at Kramer, Dillof, Livingston & Moore today. We have over 100 years of combined experience representing patients in some of the toughest medical malpractice cases in New York. 

Types of Errors

When patients seek medical attention, they expect to be treated with a timely and accurate diagnosis and provided with beneficial treatment plans including proper medication. In an incidence of medical malpractice, there are generally two types of errors that a practitioner can make when treating a patient:

  1. Errors of omission occur as a result of actions not taken, such as not stabilizing a gurney prior to patient transfer, ignoring signs of stress during surgery, or failing to prescribe proper medication
  2. Errors of the commission occur as a result of the provider taking the wrong action such as administering a medication to which a patient has a known allergy, failing to label or mislabeling a laboratory specimen, or performing a surgical procedure incorrectly. 

Types of Damages

Injuries caused by medical malpractice can be severe and the resulting medical costs can be overwhelming. The practitioner or institution that is at fault for providing sub-par treatment that results in injury or death can be held financially responsible for all of the damages incurred by the incident. It is important to note that damages in medical malpractice vary greatly depending on the details of each case. If negligence caused personal injury, potential damages could include: 

  • Medical expenses
  • Pain and suffering
  • Emotional distress
  • Disability and/or disfigurement
  • Loss of enjoyment of life and any loss of enjoyment of life reasonably probable to be experienced in the future
  • Loss of earnings and earning capacity
  • Therapy or other medical services
  • Caretaking

Responsible Parties

Depending on the circumstances of your case, there may be multiple parties who are responsible for your injuries. Understaffed hospitals, lack of accountability among staff, and improper procedures can all impact how medical professionals perform their jobs. Underpaid and overworked doctors and surgeons are more likely to make mistakes that result in significant injuries for their patients.

When seeking justice in a medical malpractice case, your attorneys may need to be prepared to go up against not only the individuals who had a hand in your injuries but also the hospital or organization that they work for, medical equipment manufacturers and suppliers, as well as their insurance providers. 

When to Contact an Attorney

If you suspect that you or a family member has been the victim of medical malpractice, it is important to speak to highly experienced, successful medical malpractice attorneys immediately. 

Our team of medical malpractice attorneys at KDLM understands the devastation and trauma caused by an injury at the hands of a medical provider and we are here to help you through the process from start to finish. Contact our New York medical malpractice law firm today to take the first step toward physical, emotional and financial recovery.