Westchester County Medical Malpractice
Medical malpractice is the result of a careless skilled nursing provider, clinician, phlebotomist, or surgeon who deviates from the accepted medical standards and protocol. Some instances of medical malpractice could be a newborn suffering a brain injury from a substandard delivery or an adult who receives treatment for a condition they do not have.
While also pertaining to lawsuits such as an auto accident lawsuit or a dog bite lawsuit, our Westchester County Medical Malpractice Lawyer team seeks restitution for the medical malpractice client in the form of:
- Compensatory Damages
Compensatory Damage replaces expenses lost when victimized by medical malpractice. This allows for wages lost or expensive corrective procedures that then becomes necessary, or future medical treatment as a result of the impairment or malformation. Our Westchester County Medical Malpractice Lawyers will seek to retrieve substantial settlement in order to put the afflicted in a situation that is financially better than before the incident.
- Punitive Damages
On your behalf, our Westchester County Medical Malpractice Lawyers will pursue punitive damages aiming to bring correction to the offending medical practitioner. It is the mission of the punitive damages to deter the offending provider from causing further maltreatment.
As compensatory and punitive damages are applicable to variety of claims, sometimes the Westchester County Personal Injury Lawyer group in our office may need to file more than one claim for your specific injury. Such as when your injury occurred at a construction site and during your resulting medical treatment, your physician provides substandard medical care. On your behalf the Westchester County Personal Injury Lawyer will file a workers compensation claim as well as a medical malpractice claim.
Upon acceptance of the medical malpractice claim, our Westchester County Medical Malpractice Lawyers will turn their attention on determining factors of the case. Medical necessity of the procedure must be established. For example, someone may have been subjected to a surgical operation that was not critical for their particular signs or symptoms. If diagnostic testing is not adequate or conclusion is not read correctly, it can lead to such negligence.
Other situations when malpractice may occur can include:
- a doctor informs a patient of an incorrect diagnosis;
- a physician not attaining the proper authorization from the patient before an operation;
- an anesthesiologist not administering the correct anesthesia and brain injury ensues;
- a orthopedic physician losing metal hardware inside a patient;
- a faulty stint used on a patient’s heart;
- a physician not properly delivery a baby causing injury, distress, or even a wrongful death; and
- a registered nurse giving a patient the wrong dose of a medication.
The state of New York has a two year and six month statute of limitations filing deadline for filing petitions with the court by any New York Medical Malpractice Lawyer. This deadline starts from the date of incident. The filing deadline for suits involving a foreign body is much shorter. The Westchester County Medical Malpractice Lawyer has only twelve months from the date the item was left or twelve months from when detection should have occurred.
With great experience in a variety and wide range of personal injury lawsuits, Stephen Bilkis & Associates, PLLC will arrange a meeting with a New York Injury lawyer from our office. If a medical malpractice case has affected you or a family member, please contact us call 1.800.NY.NY.LAW, or find us online. Or visit one of our many locations including our Westchester County office or our offices in Long Island (Nassau and Suffolk County) or in New York City which include Manhattan or the Bronx or in Brooklyn.