When you visit your doctor, you have every right to expect that you will receive prudent, scientifically-backed, and reasonable advice for care. We visit licensed medical professionals because we trust that they take their roles seriously, rely on the accepted practice principles and that they will follow their Hippocratic Oath as they care for you: “I swear to fulfill, to the best of my ability and judgment, this covenant: I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow.”
Unfortunately, there are many licensed medical practitioners, in New York and beyond, who fail to uphold this oath each day, and instead cause additional damage to their patients as a result of their failure to follow accepted practices to provide reasonable care. If you or a loved one are the victims of medical malpractice in Long Island, New York, then it is important that you partner with a medical malpractice attorney as soon as possible so that you can begin fighting for compensation for your injuries. While no amount of money will ever undo the damage caused by an irresponsible doctor, you should not be shouldered with the financial burdens caused by their reckless or negligent behavior, and the team at Isaacson, Schiowitz & Korson, LLP is here to help.
Contact Isaacson, Schiowitz & Korson, LLP For a Free Consultation Today
The sooner you connect with a medical malpractice attorney from our law firm, the sooner you will be able to focus on recovering from your injuries without having to take on the additional stress and burden of your legal process. As a medical malpractice victim, you have likely suffered from emotional trauma in addition to the obvious physical injuries that you have endured, and we will fight to get you the compensation that you rightfully deserve for this terrible experience. Stress has a serious negative impact on physical wound recovery, so by allowing a medical malpractice lawyer to take your case on, you are giving yourself a better chance of recovering from your injuries, working with another doctor to repair the damage done, and moving forward with your life.
If you are looking for medical malpractice lawyers, Long Island-based Isaacson, Schiowitz & Korson, LLP has the experience and case record that you can take comfort in. Contact us as soon as possible for a free consultation so that we can discuss your situation and give you a better idea of how we can help you move forward from your medical malpractice injuries and towards recovery. Following a medical malpractice injury, we understand that it can feel like you are about to undertake a lonely process by yourself, but rest assured that we are here with you every step of the way to recover the personal injury damages that you are entitled to.
Read more about medical malpractice in New York below, and contact us now to get started on your own case today.
What Is Medical Malpractice?
To understand whether or not you or your family member is, in fact, a victim of medical malpractice, it is important to know what the legal definition of medical malpractice actually is. Since medical malpractice is treated like any other personal injury case, it will be determined using the standard civil guidelines to determine whether or not a tort has occurred:
Duty of Care
The first step in determining whether or not medical malpractice has taken place is to determine whether or not the practitioner in question had a duty of care that they were required to uphold throughout the care that they were providing. When you visit a licensed medical professional, they assume a duty of care that they will provide you with a level of care intended to do no additional harm while working to help you with your medical needs. This duty of care can apply to your specific practitioner, but in certain cases may apply to the entire medical facility as well.
Failure to Uphold a Duty of Care
Failure to uphold a medical duty of care does not mean that you are legally guaranteed a successful outcome. However, it does mean that your doctor will provide you with a reasonable standard of care and appropriate medical practices — typically measured by the standard of comparative medical practices. This means that if you are treated for cancer, that you are not guaranteed to be cured, but you should be able to expect that your doctor will engage in reasonable practices to work towards success. If your doctor were to treat you using non-standard practices that you did not explicitly agree to, then this may very likely be considered a breach of your duty of care, and possibly medical malpractice.
Measurable Harm Caused By the Failure to Uphold Duty of Care
The third factor to a medical malpractice case in Long Island is determining whether or not legally-recognizable damages occurred. If your doctor used non-standard practices and you have a negative medical outcome as a result, then this is an example of measurable harm caused by their failure to uphold their duty of care, and will likely open them up to a medical malpractice lawsuit. Remember: an unsuccessful treatment is not automatically medical malpractice; instead, your medical professional’s failure to follow the standard and reasonable medical practices must precede the negative outcome.
Common Examples of Medical Malpractice
The following are just a few of the many examples of medical malpractice that take place in New York and beyond each year. Whether or not you see your own medical malpractice example below does not mean that the Long Island medical malpractice attorneys at Isaacson, Schiowitz & Korson, LLP are not able to help – simply contact us now so that we can discuss your situation directly, and give you a better idea of how our firm can represent you through your case and fight for the compensation that you rightfully deserve.
Misdiagnosis or Failure to Diagnose
It is extremely important to get a second opinion for any serious medical diagnosis, but in some instances, a patient may not have been recommended to get a second opinion and is either not treated for their illness at all, or is administered treatment for an illness or issue other than the one that they are suffering. Medical treatments can be invasive and painful, even when properly and appropriately applied, so undergoing treatment for a misdiagnosed illness can set a patient back significantly on their road towards recovery doubly, in that their illness may progress as they are not being given appropriate treatment, as well as the fact that they are suffering from the damage done by the incorrect treatment. This is one of the most common medical malpractice claims, and for good reason. To avoid being the victim of medical malpractice in this way, always get a second opinion.
Anesthesia must be administered by a licensed anesthesiologist and requires continuous monitoring and adjustment based on the patient’s medical history, current condition, and a range of additional factors that make this one of the most common medical malpractice claims. Mistakes can happen while preparing for an operation, during the operation, or after the operation as the patient is being taken off the anesthesia, and can cause serious, life-long, or fatal injuries if not done properly. Medical malpractice cases relating to anesthesia require working with Long Island medical malpractice lawyers who understand how the entire process works, and how to clearly show that an avoidable error was made while fighting for the money that their client is entitled to.
Childbirth is an exciting and wonderful time in many peoples’ lives, but when the medical professionals who are facilitating the birth make avoidable and dangerous errors this can turn into a traumatic and injurious experience that can cause lasting physical and emotional damage for everyone involved. Medical malpractice during childbirth can leave a newborn with serious injuries, or may even be fatal, and can leave the parents with lifelong emotional damage. While no amount of money will ever undo childbirth medical malpractice, it can give the family the emotional space that they need to recover from this traumatic experience without worrying about financial issues at the same time. Working with a medical malpractice attorney is one of the best ways to get the space that you need to come to terms with this terrible experience while someone else takes on your medical malpractice case on your behalf.
The last thing that someone wants to worry about while going in for surgery is being the victim of medical malpractice, but there is an unfortunate number of surgical mistakes across the United States each year, including things like performing the wrong surgery, leaving medical tools inside the patient, or seriously botching the surgery and causing more damage than the procedure should have caused while also treating the initial issue. In many instances, medical malpractice from a surgical mistake may mean that the patient will need to undergo more surgeries in order to both repair the damage done from the mixup as well as to get the treatment that they needed to begin with — all while trying to fight for compensation in a medical malpractice lawsuit.
When you are prescribed a medication from a medical professional, you may or may not realize that they need to account for your entire medical history before writing the prescription in order to ensure that they are not engaging in medical malpractice by causing damage from the medication that you will take. There are many medicines that are known to have adverse reactions when mixed, and even more, medications that cause allergic reactions or bad interactions that can be dangerous or fatal. If you or someone you love has suffered from a bad reaction due to prescription errors, this may be a medical malpractice issue that you deserve to work with a Long Island medical malpractice lawyer to resolve.
Why Choose Isaacson, Schiowitz, & Korson LLP?
Finding the right medical malpractice attorney for your case in New York can be overwhelming, but after a free initial consultation with an attorney at our firm, you will be confident in your decision to work with us to get the money that you deserve. Without an attorney, the path forward with your medical malpractice case can seem overwhelming, and even impossible, but as a valued client of our firm, you can be confident that there is a medical malpractice attorney going through all of the necessary steps to move you towards a fair and just outcome.
Our history of medical malpractice cases will be a great indication of the level of support that you can expect from our lawyers, and we will be able to discuss the specifics of your case so that we can provide you with real advice that can help you identify the path forward. You do not need to take on the burden of this process alone.
Be Aware Of the New York Medical Malpractice Statute of Limitations
As the victim of medical malpractice in New York, you have 2.5 years to file your claim. The sooner you contact us, the sooner we will be able to take your case and start to identify the many options for how to best move forward. Oftentimes these types of cases are settled without filing a lawsuit with the New York court system, and we will work with you to determine whether or not an out-of-court settlement will best solve your problems, or if a lawsuit and trial may be the best option for your unique situation.