Rochester Medical Malpractice and Personal Injury Lawyer Blog
Stem cell therapy is becoming more and more popular both in New York and across the country, but it can often put patients at risk. If you have been injured due to stem cell therapy, you need to contact our hard-working and reputable Rochester medical malpractice attorneys who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to investigating the circumstances surrounding your injury and determining your legal rights and options accordingly.
Stem Cell Therapy
Stem cells are notable for their ability to regenerate or to become any cell. For this reason, there has been great confidence and enthusiasm surrounding stem cells as a form of medicine to treat various ailments. However, much of the treatment’s application remains unproven and many medical facilities are keen to monetize the trend, even if the efficacy of treatment is questionable, or unsafe. Many times, doctors do not warn patients about potential dangers associated with treatment or inform them that the treatment is actually not FDA approved.
Stem Cell Therapy Malpractice
If you have been injured by stem cell therapy, you may be able to sue for medical malpractice. In order to make a claim for malpractice, the plaintiff has the burden of proving the following elements:
- A doctor/patient relationship existed between you and the medical professional in question (i.e., the doctor was treating the patient);
- The doctor engaged in conduct that deviated from the generally accepted standard of care;
- The doctor’s deviation directly caused your injury or made your illness worse; and
- You suffered compensable damages (i.e., medical expenses, pain and suffering, lost wages, etc.).
For example, if you were promised stem cell therapy to cure or improve your chronic disease, and the therapy actually worsened your condition (e.g., by increasing your chances of infection) and drained your bank account, you may have a valid malpractice claim on your hands. It is important to note that not all adverse outcomes are automatically malpractice. Rather, the medical professional’s deviation from the standard of care must have been the direct cause of the negative outcome.
Time Frames to File a Medical Malpractice Claim
Like with any other type of claim, medical malpractice claims in New York must be filed within a certain time frame, known as the statute of limitations. Under state law, a plaintiff has two years and six months from the date of the negligent act or omission to file a lawsuit in civil court.
Rochester Medical Negligence Attorneys
Stem cell therapy is in its infancy but you may never know that from the hype surrounding such options. Sadly, due to the lack of accurate information out there, many patients have suffered serious injuries at the hands of medical professionals. If you or someone close to you has suffered harm because of what you believe to be stem cell therapy malpractice, our Rochester medical malpractice attorneys can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are here to make sure that your rights are protected. For a free consultation, call 833-200-2000 today or contact us online.
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