Individuals rely on medical professionals to help them to maintain proper health. When doctors make an error in judgment, it is your right to seek compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Rochester medical malpractice attorneys will analyze the facts of your case and provide you with an honest assessment of your claim. We understand how devastating medical injuries can be, which is why we will handle your case with the utmost compassion.
A 17-year-old Michigan girl recently won $135 million in a medical malpractice claim against Detroit Medical Center (DMC). F.G., who was ten years old at the time, received improper medical treatment that left her with permanent weakness in her arms and legs and loss of bowel and bladder control.
The facts at trial showed that DMC doctors who had operated on F.G.’s spine for a simple scoliosis surgery disregarded immediate signs and symptoms that showed her spinal cord was being compressed and injured by hardware place in her spine by the physicians. Instead of remedying the compression, the doctor went on holiday twice and left her alone lying paralyzed and incontinent of bowel and bladder for 10 days. At this time, another doctor identified the problem and removed the hardware from the girl’s body. However, it was too late, and the patient was left with partial paralysis of her four extremities and permanent loss of bowel and bladder control.
At the end of the two-week trial, the jury found that the hospital and her doctor were guilty of medical malpractice in how they treated the patient.
Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from the accepted norms of practice in the medical community can causes an injury to the patient. To win a medical malpractice case in New York, the plaintiff has the burden of establishing the following elements:
- Duty: the doctor owed the patient a duty of care. This can typically be established by showing that a doctor-patient relationship existed.
- Breach: the doctor breached the duty of care owed to the patient by failing to use the level of care that a reasonable doctor would have used in the same situation.
- Causation: the patient’s injuries were a direct result of the doctor’s breach.
- Damages: the patient’s injuries are compensable.
Like every other state, New York imposes a time limit in which medical malpractice claims must be filed, known as the statute of limitations. If a lawsuit is not filed in civil court within the legal deadline, you may lose your right to pursue compensation altogether.
Dealing with a medical injury can be incredibly daunting but we can help. If you have suffered an injury due to a medical professional’s negligence, you need to speak to a seasoned Rochester medical malpractice attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to holding negligent parties account for the harm that they cause and helping clients recover the compensation they deserve for their harm. For more information, call us at 315-479-9000 or contact us online.
More Blog Posts:
Medical Malpractice in Buttocks Augmentation Cases, Rochester Medical Malpractice and Personal Injury Blog, June 29, 2018
Malpractice Caps Have Led to Doctors Ordering Fewer Invasive Tests, Rochester Medical Malpractice and Personal Injury Blog, June 22, 2018
Organ Puncture or Perforation Caused by New York Medical Malpractice, Rochester Medical Malpractice and Personal Injury Blog, June 15, 2018