As patients, we put our trust in medical professionals. In turn, medical professionals owe their patients the highest standard of care. However, errors committed by doctors and other healthcare providers can cause severe, life-changing injuries and conditions that require on-going, costly medical care.
If a medical professional’s negligence led to an injury, you may be entitled to compensation. Our experienced Long Island medical malpractice attorneys can advocate for you so that you can focus on your recovery.
Medical malpractice involves cases where a doctor or other medical professional breaches their duty of care in a way that results in an injury to a patient. In New York, doctors owe three separate duties of care to patients:
- The duty to possess the requisite knowledge and skill that is possessed by the average member of the medical profession;
- The duty to exercise reasonable care and diligence when using his or her professional knowledge and skill; and
- The duty to use his or her best judgment in the application of this knowledge and skill.
If a physician breaches one or more of these duties, resulting in an injury, then he or she may be sued for medical malpractice by a skilled Long Island medical malpractice attorney.
While the United States is known for its advanced medical treatments, medical malpractice is still all too common. In 2016, patient safety experts from Johns Hopkins published a study that concluded that 250,000 deaths in the United States per year are due to medical error. This would place medical error as the third leading cause of death in our country.
If you have been harmed due to medical malpractice, Winkler Kurtz, LLP can help. Since 1987, our team of dedicated legal professionals has worked to help victims of all types of accidents, including medical negligence. Call us today at 631-928-8000 or contact us online to schedule an initial consultation with an experienced Long Island medical malpractice attorney.
The joys of pregnancy often come with certain risks, particularly during childbirth. According to a report from the Agency for Healthcare Research and Quality, nearly 157,700 birth injuries to mothers and babies occurred during childbirth in 2006. For babies, this resulted in a rate of 1.7 injuries per 1,000 births for newborn males, and 1.6 injuries per 1,000 births for newborn females.
The types of injuries that may occur to an infant during a birth are wide-ranging, and may include broken collarbones, infections, head injuries, or nerve damage. In addition, mothers may suffer obstetrical trauma during birth due to medical negligence that can result serious health conditions, complications, or even death.
If you have experienced a birth injury, Winkler Kurtz, LLP can help. Our Long Island medical malpractice attorneys understand that caring for a child who has suffered a birth injury may be a serious financial hardship. We will aggressively pursue your case to help you recover the compensation that you deserve for your losses.
According to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries (TBIs) are a frequent occurrence in the United States. In 2013, there were approximately 2.8 million TBI-related emergency room visits, hospitalizations, and deaths nationwide.
The most common causes of brain injuries include falls (47%), being hit with an object (15%), and car accidents (14%). However, brain injuries may also be caused by medical errors or negligence, such as:
- Surgical errors;
- Anoxia (lack of oxygen);
- Birth trauma;
- Medication errors; or
A person who has suffered a brain injury, regardless of the cause, may require lifelong care. A skilled Long Island medical malpractice attorney can work with victims of medical negligence to help them recover for their losses and ensure that they have the money necessary to pay for future treatment and care.
If a physician makes an error in diagnosing a patient, it may lead to the patient receiving the wrong treatment. This can seriously compromise a patient’s health, and in some cases, may even lead to death.
Diagnostic errors are common in the United States. According to a Harvard Medical Practice Study, these types of errors accounted for 17% of all preventable errors in hospitalized patients. A separate post-mortem patient review found that 9% of all patients experienced a major diagnostic error that was undetected while they were alive.
While a missed diagnosis is not always proof of negligence, it may be important evidence to show a doctor breached his or her duty of care when treating you. If a physician failed to order necessary tests or overlooked critical symptoms, these acts could be conceived as negligent steps a doctor took leading to up to a misdiagnosis. In these situations, the skilled Long Island medical malpractice attorneys can work with you to help you recover for your losses.
When patients visit a doctor’s office or go to the hospital, they expect to receive a certain level of care. However, when a physician or other medical professional is negligent, a patient may die as a result. In those situations, surviving family members may file a wrongful death lawsuit against the responsible parties.
According to researchers from Johns Hopkins Hospital, 251,454 people die each year from medical errors. A wide range of medical negligence may lead to wrongful death, including:
- Medication errors;
- Birth injuries;
- Defective medical devices;
- Surgical errors;
- Brain injuries;
- Failure to diagnose; or
- Neglect or abuse.
Wrongful death lawsuits for medical malpractice can be complicated to pursue. These cases require proof that medical professionals violated their duty of care, and that this violation led to the death of a patient. An experienced Long Island medical malpractice attorney can work with family members of a deceased patient to help them receive financial compensation for the loss of their loved one.
Surgery can be a necessary and life-changing treatment, but consenting to a procedure is often a leap of faith. It usually requires going under anesthesia, and being completely vulnerable to the surgeon, anesthesiologist and other medical professionals in the operating room. Just one surgical error could lead to serious, life-long complications, or even death.
According to a Mayo Clinic Study conducted with the American College of Surgeons, 8.9% of participating American surgeons believed that they had made a major medical error within the past 3 months. Of those surgeons, 1.5% believed that their error resulted in a patient’s death. According to Johns Hopkins researchers, serious surgical errors occur at least 4,000 times a year.
If you are a victim of a surgical error, Winkler Kurtz, LLP can help. We will aggressively pursue your claim to help you achieve the best possible outcome for your case.
While many cases of medical malpractice involve a doctor or other healthcare professional committing an individual error, hospital negligence occurs when there is a system-wide failure. While a doctor may be at fault for the incident that led to the injury, the hospital might bear the greater responsibility for its role in creating the conditions that allowed errors to occur.
Hospital negligence may include:
- Failing to hire enough staff;
- Failing to properly staff departments so that medical professionals are not seeing more patients than they can safely manage;
- Failing to ensure that hospital staff are trained;
- Failing to ensure that staff and non-employees alike meet required licensing and educational standards;
- Failing to maintain sterile environments; or
- Failing to protect the security and confidentiality of patient records.
In these situations, the hospital itself may be held liable for injuries or illnesses suffered by patients. For example, if a patient receives the wrong medication because the hospital only staffed two nurses when it should have had four on duty to adequately support patients, this may be grounds for a hospital negligence claim. If you have been injured or developed an illness due to hospital negligence, a Long Island medical malpractice attorney may be able to file a lawsuit against the hospital.
Failure to Diagnose
A delayed diagnosis of an illness can lead to devastating results. If a doctor does not order the correct tests or fails to see warning signs of a particular condition, the patient may suffer from advanced progression of the disease that could lead to wrongful death.
A delay in treatment for most diseases can result in a much harsher prognosis. For example, if a doctor fails to diagnose a life-threatening illness such as cancer, the disease may progress to such a point that treatment may become difficult or even impossible. If a physician misses the symptoms of an additional condition, such as diabetes, it can cause a tremendous amount of damage in a person’s body if left unchecked.
If a doctor did not diagnose a medical condition for you or your loved one in a timely manner, leading to a more serious illness or even death, you may have grounds for a claim. Winkler Kurtz, LLP can work with you to help build a case to seek financial compensation for your pain and suffering while allowing you to focus on what’s truly important – your recovery.
Work with a Long Island Medical Malpractice Attorney
In New York, if a medical professional’s negligence led to an injury, you may be entitled to compensation. An experienced Long Island medical malpractice attorney can advocate for you so that you can focus on your recovery. Call Winkler Kurtz, LLP today at 631-928-8000 or contact us online to schedule a consultation with one of our lawyers.