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Medical Malpractice FAQ

Q: What is medical malpractice?

A: Medical malpractice pertains to any error occurring in a medical facility due to the negligence by a medical professional resulting in injury to a patient.

Q: What is the frequency of medical malpractice?

A: In the United States, an average 100,000 patients die due to medical malpractice every year. Thousands of Americans suffer illnesses resulting from medical malpractice each year.

Q: What are a few of the common medical mistakes which can result in medical malpractice?

A: A few of the common medical mistakes leading to medical malpractice include misdiagnosis, anesthesia errors, failure to diagnose a condition, birth injury, surgical errors and wrong patient surgery.

Q: Who is accountable for medical malpractice?

A: Depending upon the circumstances and state law, any medical professional or medical facility can be held accountable for medical malpractice, such as doctors, nurses, surgeons, pharmacists, anesthesiologists, neurologists, hospitals or nursing homes.

Q: What compensation am I able to recover from a medical malpractice claim?

A: Medical malpractice laws may entitle you to recover compensation for lost wages, medical expenses, compensation for pain and suffering, lost future earnings and more.

Q: What has to be proven in a medical malpractice claim?

A: The victim must prove they are suffering an injury as the result of carelessness or negligence arising from the medical professional or medical facility. Oftentimes, this requires the testimony of experts to verify the standard of care was not provided.

Q: Is there a time limit to file a medical malpractice claim?

A: All medical malpractice claims fall under a statute of limitations. On average that statute of limitations is an average of two years. Depending on the age of the victim, as in the case of a minor, the statute of limitations could be extended.

Q: Can anyone file a medical malpractice claim?

A: Any person who is suffering an injury or illness resulting from the negligence or carelessness of a medical facility or medical professional has the legal right to pursue a medical malpractice claim.

Q: Is a misdiagnosis medical malpractice?

A: Misdiagnosis may or may not be medical malpractice. The practice of medicine is not a defined or exact science and errors can be made. The law only requires the actions of a medical professional to meet an appropriate standard of care. If those actions lead to injury, then you may be eligible to pursue a medical malpractice claim.

Q: How soon should I contact a lawyer?

A: You should contact a lawyer as soon as possible. Your lawyer needs to preserve valuable evidence, interview witnesses, review medical records and prepare for your case. Your lawyer may also be able to help with ongoing medical care and expenses.

If you or someone you love is suffering from medical malpractice, contact our New York Medical Malpractice Lawyer team with Stephen Bilkis & Associates, PLLC for a free initial case evaluation. Please call us at 800.696.9529, online or contact one of our New York City offices in Queens, Manhattan, Bronx, Staten Island, or Brooklyn, our New York office in Westchester County or one of our Long Island offices in Suffolk County or Nassau County.