There is no one way for patients to be harmed by a medical provider’s negligence. Medical malpractice happens all the time and in many different ways. As you probably suspect, an infection that arose from medical care may rise to the level of negligence.
An experienced New York medical malpractice attorney has seen the harmful effects of hospital acquired infections and from infections gone undiagnosed.
Nosocomial infections are common in hospital patients. Illnesses such as MRSA infections, blood infections, urinary tract infections, pneumonia surgical site infections, are all typical bacterial infections that begin during hospital stays.
Any infection that should have been prevented can give rise to negligence because medical providers must adhere to the standard of care dictated by their profession. Any breach of this standard that has caused you to suffer pain, illness, lost work, and has cost you money, may be recoverable.
It cannot be stressed enough that the patient’s harm must have been caused by the doctor’s duty to that specific patient. Moreover, the standard of care owed to a patient must be proved by expert testimony. Facts such as the community in which the negligence occurred and the specialty in which the doctor was practicing are relevant to the standard of care.
In addition to proving that there was a doctor patient relationship, and that a specific duty was owed to the patient, the attorney must also prove that the breach actually caused the harm complained of by the patient.
Recognizing the signs of malpractice, and how to prove malpractice is something that only an experienced medical malpractice attorney can do adequately. Moreover, an experienced attorney will be able to help you determine the value of what you have lost.
Calculating damages is very difficult and such must be proved during trial. Of course your pain and suffering is subject to compensation. But so is any loss in your physical functioning as a result of the malpractice. Your ability to earn future income and/or any diminishment in potential income is compensable. All the money that you have personally spent trying to repair the injury caused by the medical professional is subject to compensation.
New York laws limit you to a period of 2 ½ years to commence a medical malpractice suit. The clock starts to tick from the date that the doctor committed the negligence or from the date of your last doctor’s visit in regard to the harm caused by the negligence, whichever is later. Some specific types of medical practice and your own circumstances may afford a longer time, but such is something to be discussed with your attorney.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.