When we trust a medical professional to care for us or our loved ones, we are, quite literally, putting our lives in their hands. Unfortunately, there are times where medical professionals are careless and do more harm than good, and if you’ve been harmed by a negligent medical professional, you may require the services of an experienced Ulster County medical malpractice lawyer. Contact John A. DeGasperis, Esq. today to learn more about medical malpractice claims and how the legal process works.
Do I Need an Ulster County Medical Malpractice Lawyer?
Cases involving medical malpractice are often very personal, on several levels, which is why it is so important that you speak with a compassionate Ulster County personal injury lawyer who has a strong understanding of the medical malpractice claims process.
Common Instances of Medical Malpractice
There are various ways in which a medical professional can behave negligently and commit an act of malpractice. Some of the most common acts of malpractice are as follows:
- Wrong-site surgeries
- Leaving surgical instruments in a patient’s body
- Incorrectly analyzing or interpreting test results
- Ordering the wrong tests
- Failing to monitor a patient
- Failing to ask about a patient’s medical history
- Prescribing the wrong medication
- Failing to diagnose/treat cancer or other medical conditions
- Errors made during childbirth
- Failing to refer a patient to a specialist when necessary
- Releasing a patient too soon
- Failing to provide a patient with instructions regarding follow-up care
- Making a decision that results in wrongful death
Proving Medical Malpractice
To win a medical malpractice claim, you will have to prove several things. They are as follows:
First, you must prove that you were the medical professional’s patient and that the medical professional, therefore, owed you a duty of care.
You must then prove that the medical professional breached the duty of care by taking action that an otherwise reasonable medical professional would not have taken.
You will then have to prove that you were injured and incurred significant damages as a result of the medical professional’s breach of care.
A medical malpractice suit may very well end the medical professional’s career, so you can expect the physician in question will hire an aggressive legal team to fight your claim. This is why you must also hire an experienced Ulster County medical malpractice lawyer who can effectively fight for the compensation and the justice you deserve.
Statute of Limitations for Medical Malpractice Claims in NYS
While the statute of limitations for most personal injury claims in New York is, typically, three years, this is not the case when it comes to medical malpractice cases. The statute of limitations for most medical malpractice claims in New York is 2.5 years, meaning you will only have 2.5 years from the date of the incident of malpractice to take legal action against the negligent medical professional. The longer you wait, the more challenging it will be to prove your claim, which is why it is best to act sooner, rather than later.
Contact an Ulster County Medical Malpractice Lawyer
The bottom line is that medical malpractice claims are often very involved and require substantial knowledge of both the law and of the medical field to win. You cannot hire just any attorney to represent you at this time. Contact John A. DeGasperis, Esq. today to schedule your initial consultation.
