Facing a medical crisis is scary enough without the added fear that the professionals you trust might make a critical mistake. Unfortunately, medical malpractice is an all-too-real concern, leaving patients and their families feeling helpless and betrayed. Whether it’s a misdiagnosis, surgical error, or medication mistake, the consequences can be life-altering, turning your world upside down. No one should have to endure the pain and uncertainty that comes with a medical provider’s negligence, and it’s vital to know that you have the right to seek justice.
At the Law Office of Cohen & Jaffe, LLP we understand the fear and frustration that medical malpractice can bring. Our dedicated team is here to support you every step of the way, fighting to ensure that you receive the compensation and accountability you deserve. Don’t let a medical professional’s mistake define your future. Contact us today for a free consultation, and let us help you reclaim control over your life.
Understanding Medical Malpractice and Your Rights
People often assume doctors are infallible, but like anyone else, they can make mistakes. A minor error in diagnosis, treatment, or surgery can lead to serious injury or even death. It’s essential to know that you have the right to file a lawsuit if a medical professional’s negligence causes you harm.
Grounds for Filing a Medical Malpractice Lawsuit
If you’ve been seriously injured or lost a loved one due to a doctor’s neglect, you have the right to seek justice. Unfortunately, many people hesitate to pursue legal action, thinking they can’t win. However, the law entitles you to proper medical care, and you deserve to be compensated if that care falls short.
Common types of medical malpractice include:
- Surgical Errors: Surgeons who operate under the influence, rush through procedures, or act carelessly can cause severe harm. In some cases, they may even leave medical equipment inside the patient’s body, posing significant dangers.
- Anesthesia Mistakes: Errors with anesthesia can lead to life-threatening complications.
- Prescription Errors: The consequences can be dire if a doctor or pharmacist prescribes the wrong medication. Taking incorrect medicine can worsen your condition or create new health problems.
- Misdiagnosis: Failing to diagnose serious conditions like cancer can be devastating. For example, undetected colon cancer can progress to a stage where it’s too late for effective treatment. Some doctors may avoid running necessary tests, leading to misdiagnosis and delayed treatment.
- Birth Injuries: Poor medical care during delivery can result in conditions like cerebral palsy or Erb’s palsy due to asphyxiation or dystocia.
- Nursing Home Abuse: Neglect in nursing homes can cause malnutrition, bed sores, and fall injuries, all of which are grounds for legal action.
If you or a loved one has suffered due to medical negligence in Long Island, Nassau County, or Suffolk County, you don’t have to face this battle alone. A specialized law firm, like the Law Office of Cohen & Jaffe, LLP with experienced attorneys, is ready to help you file a medical malpractice claim.
How Does Liability Work in a Medical Malpractice Claim?
Liability in a medical malpractice claim is determined by proving that a healthcare provider’s negligence directly caused harm to a patient. To establish liability, four key elements must be demonstrated:
- Duty of Care: The healthcare provider had a legal duty to provide care that meets accepted medical standards. This duty is typically established by the provider-patient relationship.
- Breach of Duty: The provider failed to meet the standard of care, acting in a way that a competent professional in the same field would not have under similar circumstances. This breach could involve misdiagnosis, surgical errors, or incorrect treatment.
- Causation: The breach of duty must be shown to have directly caused the patient’s injury or worsened their condition. This can be complex, as it requires linking the provider’s actions or inactions to the harm suffered.
- Damages: The patient must have suffered actual harm, whether physical, emotional, or financial, as a result of the provider’s negligence. These damages could include medical bills, lost wages, pain and suffering, and more.
If all these elements are proven, the healthcare provider can be held liable for the patient’s injuries, and the patient may be entitled to compensation.
Facing Medical Malpractice? Take Control of Your Future.
Medical malpractice can turn your life upside down, but you don’t have to face this alone. At the Law Office of Cohen & Jaffe, LLP, we’re committed to helping you seek the justice and compensation you deserve. If you or a loved one has been affected by a medical error in Long Island, Nassau County, or Suffolk County, now is the time to act. Our experienced team is here to guide you through this challenging time.
Contact us today at (516) 358-6900 for a free consultation, or visit our contact form. Let us help you reclaim control over your life.