Medical malpractice occurs when an injury or death results from medical treatment that is substandard for that practice area. In other words, when the care provided is not what would be expected from a reasonably skilled doctor, or other medical professional, under the same circumstances.
Malpractice cases are often the result of negligence or harm caused by:
- Anesthesia mistakes
- Birth injury
- Cosmetic errors
- Delayed treatment
- Emergency room errors
- Failure to diagnose
- Hospital negligence
- Lack of informed consent
- Medical device injuries
- Nursing home negligence
- Pharmaceutical errors
- Post-surgical infection
- Prescribing experimental drugs
- Surgical errors
- Wrongful death
There are special rules for medical malpractice claims. Medical malpractice cases typically require a thorough investigation, extensive preparation, testimony of qualified medical experts, and a careful presentation of the evidence at trial, all things Mr. Nobles and Mr. DeCarolis are known for. Time is of the essence in medical malpractice cases as you have a much shorter time frame to file a claim. If you believe you have a medical malpractice case, you must act immediately.
In New York, a medical malpractice claim must be filed within two and a half years from the date of the incident of negligence. If the injury was caused by a foreign object left inside the body during surgery, the claim must be filed within one year of the date the object was found or should have been found, whichever comes first.
In order to win a medical malpractice lawsuit you must prove the following:
- One or more health care providers failed to act in accordance with accepted medical practices
- The patient suffered a significant and permanent injury or death
- The malpractice was a direct and substantial cause of the injury or death
Often patients who have suffered from a medical mistake or negligence have extensive consequences requiring medical treatment and other expenses. A successful medical malpractice case can help compensate for those costs.
If you or a loved one has suffered an injury as a result of medical malpractice, call Nobles & DeCarolis today (585) 546-1260.
WE WIN OR YOU DON'T PAY
(medical malpractice cases only)