Staten Island Medical Malpractice
Medical malpractice occurs when a certified nurse practitioner, nursing home, surgical resident, oncologist, or orthodontist deviates from accepted standards of medicine. When a delivery of a newborn is delayed causing a brain injury or an adult who receives inadequate care from a nursing home causing a wrongful death are examples and illustrations of some instances of medical malpractice.
While pertinent in cases such as slip and fall claims, or an injury from a car accident, our Staten Island Medical Malpractice Lawyer group will affix their attention on:
- Compensatory Damages
Compensatory Damage is the restoration of losses after someone is subjected to improper care. This may cover restitution of lost employment earnings because of the calamity or for expenses incurred for corrective procedures, or allowance for future medical treatment for a disfigurement or physical impairment. Each Staten Island Medical Malpractice Lawyer in our office will focus on compensatory damages in an effort to put the innocent victim in better financial position than prior to the incident.
- Punitive Damages
Our Staten Island Medical Malpractice Lawyer team will seek punitive damages in order to admonish the practitioner that caused the infliction. The desire of punitive damages is to deter continuing or future maltreatment and acts of negligence.
Once one of our Staten Island Medical Malpractice Lawyers has received the medical malpractice claim, there will be matters to focus on. Medical necessity of the offending procedure will be ascertained. Case in point, the patient may have undergone a procedure that was completely inappropriate to treat his or her presenting symptoms. Unfortunately, inadequate or misunderstood preliminary findings and testing can cause these types of results.
Similar examples of malpractice at the hands of providers or institutions may include:
- a clinic physician who misdiagnoses the patient’s symptoms;
- a dentist not obtaining the authorized consent from pulling a patient’s tooth;
- a doctor of anesthesiology taking no notice to a patient’s allergic reaction;
- a surgical resident leaving a foreign body in a surgical patient;
- a cardiologist implanting a faulty stint;
- procrastinating the birth of a newborn despite a drop in fetal blood pressure; and
- a physician prescribing medication which contraindicates other medications the patient is taking.
Some medical malpractice cases may be the result of an additional injury. These injuries may necessitate the filing of an additional claim. For example, an employee hurt during a construction accident like a falling from a scaffold , may need to file a workers compensation claim. The same employee may suffer from negligent medical treatment once at the hospital, resulting in the medical malpractice case.
In the state of New York, the filing deadline for petitions by any New York Medical Malpractice Lawyer is exactly two and one half years from the date of occurrence. Injuries caused when a foreign body is left post-surgery, must file petition before one year from the date of surgery or one year from when the physician should have discovered the missing item.
With considerable knowledge in a variety of personal injury litigation including hit and run, and truck or auto accident, Stephen Bilkis & Associates, PLLC can schedule for you to meet with a New York Injury lawyer. If you or someone you love have been victimized by medical malpractice, please call 1.800.NY.NY.LAW, find us online, or come by one of our firm’s offices in Staten Island, or one of our many offices in New York City, including in Staten Island, Queens or Manhattan, as well as others or one of our offices in Long Island in Suffolk County or Nassau County.