The Basics Behind Medical Malpractice
At Argyropoulos & Associates, we know that those who have been subject to medical malpractice are often in a difficult position physically and emotionally. Being ill or requiring medical attention for bodily issues can already be a stressful time for anyone. Seeking treatment and then having that treatment backfire as a result of improper medical procedures or unreasonable mistakes can leave patients feeling hopeless and without recourse. The statute of limitations for medical malpractice is two and a half years in New York
How Is Medical Malpractice Defined?
Medical malpractice can be defined as when a healthcare professional causes undue harm or injury to a patient through not adhering to standard practices or not properly informing patients of all risks associated with any given procedure to be undertaken. When most people think of medical malpractice, they think of the most obvious cases such as errors or mistakes during surgery that lead to direct damage or loss of functions. While these cases are very grave, the realm of malpractice spans outside of surgery and into how care is given.
For example, if a physician gives unreasonable delay to the treatment of a condition that is easily identified and harm comes of it, that would be grounds for malpractice. It’s not enough for a medical professional to fail to meet standards of care, the patient must be able to prove that any harm they received was partly or fully in result of that negligence.
The Three Different Types of Medical Malpractice Damages
Malpractice damages can be categorized in a few different ways. Generally speaking, most categorizations will be something along the lines of this:
Compensatory Damages. These damages are awarded in response to any medical costs incurred as well as any wages that were lost as a result of missing work.
These can be summed up as damages awarded for non-financial aspects of loss. A malpractice injury can result in very real, quantifiable damages such as loss of function or inability to perform work which leads to calculable loss of wages due to off time or the relinquishment of the victim’s career. These examples would fall under economic/compensatory damages.
In other words, non-economic damages account for things such as Pain and Suffering—which is a specific type of damage that must be specified and negotiated since it is highly dependent on the nature of the injury and how that would impact quality of life for the aggrieved.
Punitive Damages. This category of damages is reserved for only the worst offenders. If the malpractice is so overwhelmingly clear and was caused by an indisputable and reckless level of negligence, action could be sought to not only receive the prior category of damages, but also take legal action against the accused. The intent behind punitive damages is to punish the accused.
How Do I Know If I Have a Case For Malpractice?
Many malpractice cases have merit when you consider events in a timeline. The parameters of medical care are fairly well known if you feel as if you have received insufficient care and were neglected by a healthcare professional, there is a very real possibility you were. All too often, many doctors and healthcare professionals try to cut corners and save time by moving patients along too quickly or failing to listen to the patient with a compassionate ear. Everyone has had an experience where they tried to explain their condition to a doctor and felt as if they were not listened to. Not only is this unethical, but it is also dangerous to the patient and exceedingly costly to the provider.
Medical Malpractice Lawyers in New York
There’s no better way to determine if your medical malpractice claim has merit than to consult professionals. At Argyropoulos & Associates, we’ve successfully won numerous cases across the realms of medical malpractice, personal injury, workers’ compensation, and social security disability.
Call us today for a free consultation so we can hear your story and determine the eligibility of your case.