Medical Malpractice Attorney in Albany, NY
Every day, thousands of people in Albany trust their physicians to make the right decisions concerning their health. Unfortunately, these decisions can sometimes lead to errors in treatment, which can present serious health consequences. If you have been the victim of medical malpractice, an Albany medical malpractice lawyer can advocate for your interests.
At Gattuso & Ciotoli, PLLC, we have over 6 decades of experience in representing clients with medical malpractice cases. Whether you were treated by doctors at Albany Medical Center, St. Peter’s Hospital, or any other medical facility in the Albany area, our knowledge and skill with all forms of medical malpractice claims enable us to pursue compensation for your injuries.
What Is Medical Malpractice?
Medical professional negligence, often called medical malpractice, occurs when a physician or any other licensed health provider fails to exercise the care and skill expected of a competent healthcare provider. Doctors and healthcare providers owe a duty of care to their patients, and they must adhere to the standards established by the American Medical Association and other professional regulatory organizations.
These standards form the basis for deviation in medical malpractice cases. To establish whether a medical professional is negligent in a medical malpractice case, an attorney must prove the breach of duty through medical records, expert testimony, and other means to legally establish their liability.
Medical malpractice laws are complex, and successful cases require a clear path between causation and harm. For this reason, it is crucial to seek counsel from a law firm that focuses on medical malpractice cases.
Why Medical Malpractice Occurs
Medical malpractice can result from:
- A lapse in judgment
- Overwork
- Disregard for medical protocol
- Inexperience
- An unskilled provider
- A lack of competence
Many medical malpractice claims come about because of medical students in training at educational facilities, where long hours and high stress levels can contribute to negligence.
While most medical malpractice incidents are one-time events, some providers have a record of negligent actions, which must be addressed to protect future patients. High-risk procedures, like neurosurgery and cardio-thoracic surgery, carry an especially narrow margin for error.
Practices such as psychiatry, psychology, oncology, and behavioral therapy are also subject to liability. Sometimes, those cases arise from prescription errors and experimental therapy practices. These could represent a risk to clients, especially when informed consent protocols are neglected before treatment.
People who experience medical malpractice can suffer severe health consequences due to medical malpractice. Death can also be a consequence of medical malpractice, with some statistics stating that as many as 250,000 fatalities a year in the U.S. occur due to medical negligence.
Any number of ongoing health issues can be linked to medical liability, resulting in financial hardship and lifelong medical treatment, which could have been avoided without provider negligence.
Examples of Medical Malpractice
Medical errors can occur in a variety of ways. While most healthcare providers do not intend to create a harmful situation for their patients, mistakes happen. Some of the most common examples of medical negligence include:
- Birth-related injuries. These are caused during labor and delivery. They can have lifelong consequences for the child, including conditions such as cerebral palsy, which can be caused by oxygen deprivation.
- Surgical errors. These can include surgery on the wrong body part or organ, surgical instruments left inside the body, mistakes made during surgery that can lead to sepsis or excessive bleeding, or failure to complete the surgery in a timely manner. Anesthesia errors can also fall under this category, including oxygen deprivation, incorrect dosing, and improper intubation.
- Failure to diagnose, misdiagnosis, or failure to conduct a full diagnostic process. Misdiagnosis can lead to a delay in the proper care and ineffective treatments, which can potentially harm the patient. Misdiagnoses can create more health issues later for patients. Roughly 12-15% of patients are misdiagnosed every year in the U.S.
- Emergency room errors. The ER is a fast-paced, stressful environment that requires fast decisions and prompt medical care. Unfortunately, the dynamics of emergency room care can create situations that result in medical malpractice. If employees do not perform ER triage and care according to strict protocol, the results can be catastrophic.
- Prescription mistakes. These can include improper dosage, prescriptions that create severe interactions with the patient’s other medications, and the incorrect medication to treat the diagnosed condition. Prescribing physicians and pharmacists can face malpractice charges for prescription errors.
- Lack of disclosure/informed consent. Every patient should be advised of the risk factors for any medical procedure, treatment, or surgery. That way, they can make an informed decision about their course of care. Lack of informed consent is a serious issue that interferes with a patient’s agency. It also represents a severe breach in medical ethics.
These are a few examples of medical malpractice, but many more forms of negligence can affect patients in all areas of care. If your medical trust has been violated in any way or you have suffered injury, illness, pain and suffering, or mental anguish due to the medical negligence of a healthcare provider, it is within your rights to seek legal compensation.
Holding Medical Professionals Accountable
While the thought of pursuing legal action against a medical professional who caused you harm may feel daunting, it is important to hold doctors and other healthcare professionals accountable. Regulatory boards and organizations exist to support a patient’s right to receive safe, responsible, ethical medical treatment, and standards of care exist to protect patients from harmful practices.
Medical malpractice cases are fairly common. 1 in 3 clinicians will face legal action during their career. Many of these cases are not due to intentional negligence; instead, they are misdiagnoses, errors of omission, and human mistakes that were not made with malicious intent. However, these mistakes, even when well-meaning, can create lifelong impacts for the patient and, in some cases, life-threatening consequences.
For this reason, it is important to seek legal recourse for medical malpractice. These claims are crucial for protecting standards of care in the medical industry. They also enable patients to seek compensation for the stress and suffering that medical malpractice can generate.
Establishing Liability
Establishing negligence can be challenging in medical malpractice cases, as it is the plaintiff’s responsibility to prove the provider’s liability. For this reason, it is vital to maintain careful records of any medical treatment you receive, including second opinions, follow-up surgeries, and treatments required due to the initial injury or misdiagnosis.
New York law also requires a review by a medical professional to support the client’s claim. This peer review can provide a strong foundation for a medical malpractice case, as a medical professional with the same qualifications as the defendant must provide this review.
Medical malpractice claims require time and detailed organizational skills, so it’s important to begin the process of building your claim as soon as possible. At Gattuso & Ciotoli, PLLC, our firm can provide an array of services during your medical malpractice case, from organizing documents to negotiation and litigation. 8 out of 10 medical malpractice cases go to trial, so having aggressive, confident legal representation from a seasoned Albany medical malpractice attorney is essential.
Damages in Medical Malpractice Cases
When a client successfully establishes negligence in a medical malpractice case, they are eligible for compensation, usually paid in the form of a lump-sum settlement that covers:
- Economic damages, which are quantifiable financial losses due to the malpractice event. These expenses can include medical bills for corrective surgery or treatments, the cost of ongoing therapy and rehabilitation, medication charges, and lost wages due to time missed at work from the injury or illness. Courts rely on expert testimony, actuary calculations, and financial records to determine the amount of the reward.
- Non-economic damages compensate the plaintiff for intangible costs, such as mental anguish, pain and suffering, loss of enjoyment of life, and diminished earning potential. These damages can be substantial, as New York does not impose a cap on non-economic damages. Nevertheless, these are more subjective and, therefore, more challenging to prove.
- Punitive damages are rarely awarded in medical malpractice cases, but they may apply in certain circumstances. Usually, these are cases where egregious negligence or malicious intent can be proven. Such damages are often subject to judicial review and rigorous scrutiny under New York law.
- Wrongful death. In cases where the victim died because of medical malpractice, their loved ones can bring a wrongful death claim to the courts. There, they can seek compensation for damages in any of the above categories, along with funeral and burial costs, as well as the loss of ongoing financial and emotional support.
Statute of Limitations on Medical Malpractice in New York
Timeliness is important when filing a medical malpractice claim in Albany or the surrounding area, as New York has a two-and-a-half-year statute of limitations for these cases. Therefore, a claimant has two and a half years from the date of the malpractice incident to pursue legal action against the responsible party.
In cases where the claimant did not discover the issue until later, the law allows for a discovery rule to modify the statute of limitations. That way, a plaintiff can still address the later discovery of issues related to an incident of malpractice.
Filing the malpractice claim may feel overwhelming, especially if you are experiencing ongoing medical issues. Timely action can increase your chances of a successful case, so it is crucial to contact a knowledgeable lawyer as soon as possible. That way, you can face your recovery with confidence and seek a sense of closure.
At Gattuso & Ciotoli, PLLC, our compassionate, knowledgeable approach to medical malpractice can enable us to build a compelling case. We can steadfastly pursue the level of compensation you deserve.
FAQs
What Are the Odds of Winning a Medical Malpractice Case?
The odds of winning a medical malpractice claim depend on the evidence you present to the court and your ability to prove the healthcare provider or providers’ negligence. Medical malpractice cases are complex, and the laws governing medical liability are multifaceted. For this reason, it is crucial to hire a medical malpractice lawyer with knowledge of New York malpractice law.
How Much Do Medical Malpractice Lawyers Cost?
Medical malpractice lawyers work on a contingency basis, which means they only receive payment if the case is successful. The attorney’s fee is calculated on a percentage basis and withheld from the settlement, with the remainder going to the plaintiff after all court fees are paid. The total cost required depends on the complexity of the case and the time it takes to reach a final judgment.
What Is the Hardest Element to Prove in a Medical Malpractice Case?
The hardest element to prove in a medical malpractice case is causation, which establishes a direct link between the provider’s breach of duty and care and the injury or illness the plaintiff states in their case. Proving causation requires sound evidence and the testimony of a peer within the medical field, who can validate the cause-and-effect nature of the grievance.
Can Nursing Home Neglect Qualify for Medical Malpractice?
Yes, nursing home abuse and neglect qualify for legal action and medical malpractice in the state of New York. These are some of the most common issues in medical negligence. If you or an elderly loved one has experienced abuse in any long-term care facility or rehabilitation center, you should consult a qualified attorney to discuss your next steps.
Hire a Medical Malpractice Lawyer With a Proven Record of Success
For over 60 years, the law firm of Gattuso & Ciotoli, PLLC, has served the residents of Albany, Syracuse, and the surrounding area, helping clients pursue legal action in all areas of medical malpractice. If you are facing the consequences of a medical professional’s liability, you don’t have to suffer in silence. Physicians and other clinicians must be held accountable for their actions, and you deserve compensation for your injuries.
Contact our offices today to schedule your initial consultation.