There are many reasons to sue a doctor, from receiving a delayed diagnosis to medication errors. When a doctor does not uphold the required standard of care, the patient's health and lives may be compromised, and you may be able to sue.
Through the help of experienced medical malpractice lawyers, victims of medical errors may be compensated for the damages they sustain. These damages include medical expenses, lost wages, pain and suffering, and other injuries or trauma. If you or your loved ones have experienced any of these damages at the hands of a doctor's mistakes, you may be able to make a medical malpractice claim and pursue a lawsuit against a doctor.
Are You Seeking Compensation for Medical Malpractice?
Reach out to our team to know your legal options (free and non-obligatory)
There are many situations when a doctor's actions, or lack of action, may be grounds for a lawsuit. It’s important to note that not every bad medical outcome is the result of medical malpractice.
But there are some common scenarios where patients can make a legal claim:
1. Misdiagnosis or Delayed diagnosis
Medical misdiagnosis occurs when a medical professional wrongly diagnoses a patient, or fails to provide a patient with a timely diagnosis, despite evident health concerns. When you visit your healthcare provider with health concerns, individuals often trust their doctor to uphold their duty of care and provide a valid diagnosis. However, when doctors fail to examine a patient's medical history, understand their symptoms, and order adequate labs or tests, patients may face a prognosis that could've been avoided.
Not every misdiagnosis or late diagnosis are the result of medical negligence. Yet, if you or a loved one received a wrongful diagnosis because a healthcare professional breached their duty of care, you may pursue legal action. It may provide you or your family with the financial means to navigate the difficulties of an incorrect or delayed diagnosis.
2. Surgical Errors
Surgical errors are mistakes that happen during a surgical operation. There are different types of surgical error, but the most common include, but are not limited to:
- Anesthesia errors
- Operating on the wrong part of the body
- Leaving medical equipment in the body
When doctors fail to perform surgery correctly, victims may face both financial and physical consequences. The negative implications of surgical errors may include a longer hospital stay, increased medical expenses, and a higher risk of complications or even death.
3. Medication Errors
Medication errors occur when a doctor prescribes patients with the wrong drug for their condition. Any sort of medication can take a toll on a patient's health and behavior, therefore it’s imperative that doctors ensure patients receive the correct medication.
According to the National Library of Medicine, 50% of medication errors occur as a medicine is being prescribed or ordered. Many, if not all, of these errors can be prevented by more thorough actions from doctors.
4. Birth Injuries
Birth injuries are harm that occurs to a baby during pregnancy, labor, or delivery. It can range from minor bruising to severe, life-altering conditions like Cerebral Palsy and Erb’s Palsy. As such, the effects of birth injuries can be devastating, often requiring long-term medical care and impacting the child's entire life.
There are many scenarios where devastating medical outcomes are unavoidable. But when an outcome is preventable, victims deserve to receive compensation for a doctor's negligence.
Understanding Medical Negligence
Doctors are legally required to uphold a certain duty of care to their patients. When doctors fail to meet this duty, the patient may have the right to sue them for negligence.
The legal duties a doctor owes their patient include:
- Duty of care in deciding whether or not to undertake the case
- Duty of care deciding what treatment to give
- Duty of care in administering said treatment
When this standard of care is not met, and victims experience worsening conditions or death, medical negligence has occurred. If you believe you or a loved one have received inadequate medical care, you may be eligible to pursue a lawsuit for medical negligence.
Need Help in Establishing Your Medical Malpractice Claim?
Our team provides free legal consultations.
Establishing a Medical Malpractice Claim
Several key elements must be established before a medical malpractice claim is rendered valid. Your legal counsel and professional medical consultants would help you establish these. During your initial investigation, your team would try to establish the following:
| Duty of Care – Was there an appropriate patient-doctor relationship? |
| Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care? |
| Causation – Did your doctor’s actions/inactions directly cause you harm? |
| Damages – What did the medical malpractice cost you? |
You’d also need your legal counsel to procure all documents relevant to your case, such as all relevant medical records and dates of treatments. These documents are crucial pieces of evidence in medical malpractice cases. After the initial investigation, your legal team is also responsible for accounting for damages and negotiating settlements. Working with seasoned medical malpractice lawyers is crucial for your claim’s success.
Due to the Statute of Limitations, it’s important to act fast if you believe you have experienced medical negligence. These are laws that determine how long after certain events you are eligible to file a lawsuit. According to CPLR 214-A, you can file a medical malpractice claim 2 years and 6 months from the date of malpractice or from the end of continuous treatment.
Let The Porter Law Group handle all necessary filing and negotiations in a timely manner while you and your family focus on recovery.
Speak to a Medical Malpractice Attorney
Over a decade, from 2012 to 2022, there were 15,951 medical malpractice lawsuits filed in New York State. You, as well, may be eligible to file a medical malpractice case and receive the justice you deserve.
Negligent doctors can be held liable for medical malpractice with the help of experienced attorneys. The Porter Law Group takes pride in helping individuals and families rebuild from unfortunate outcomes. If you have any questions regarding the possibility of medical negligence, please reach out for a no-obligation, free consultation. You do not need to pay anything unless we win.
You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
