When a medical professional fails to adhere to the expected and appropriate standard of care, the patient can suffer serious and even life-long harm. If you or someone close to you has been injured by a medical professional’s negligence, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can examine the facts of your case and provide you with an honest assessment of your claim. There are strict timelines for these cases, so it is imperative to act as quickly as possible after the malpractice occurs.
Many people assume that if there is an adverse health outcome, it is because of medical malpractice. However, this is not always the case. Medical malpractice occurs when a medical professional fails to adhere to the standard of care that another medical professional in the same specialty would have used under the same or similar circumstances. The burden of proof in every Rochester medical malpractice case is on the injured patient, who must establish every element of the claim by a preponderance of the evidence.
New York is among several states that have recognized a patient’s “loss of chance” as a theory of recovery in a medical malpractice claim. This type of medical malpractice case involves a physician failing to make a diagnosis or a situation in which the diagnosis is delayed. In either case, the patient may claim that the physician’s failure to make a timely diagnosis resulted in a loss of chance of survival. Put another way, the “loss of chance” doctrine is a cause of action permitting a plaintiff to recover damages based on the reduced chance that the patient will recover.