Medical malpractice can lead to serious and long-term harm. In the most serious cases, malpractice can result in death. When a person has been injured by a medical professional’s negligence, that person can potentially recover damages for his or her harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can examine the facts of your case and come up with a legal strategy accordingly.
According to a study published in a recent issue of Health Management, Policy and Innovation (HMPI), there was no negative impact on patient safety when approximately 900 University of Miami Health System doctors received sovereign immunity from medical malpractice claims while working at 1,600-bed government-owned Jackson Memorial Hospital (JMH), which is protected by sovereign immunity as a government entity. The same 900 doctors who work at JMH are also employed by the University of Miami Hospital, a privately owned 560-bed facility. Sovereign immunity applied to the former but not the latter. The study found that the rate of harmful events decreased by 23 percent over a four-year time frame. The study suggests that even without the fear of malpractice, medical professionals are committed to proving competent care to their patients.
Medical malpractice happens when a health care provider causes an injury or death by not using the level of carefulness that a competent health care provider would use under similar circumstances. Medical malpractice can happen in a variety of ways, including surgical errors, diagnostic errors, prescription errors, and treatment errors. Of course, this list is not exhaustive. To win a malpractice lawsuit, the plaintiff is required to prove the following: i) the doctor owed the patient a duty of care; ii) the doctor violated the duty of care that was owed; and iii) the doctor’s violation was a direct cause of the patient’s harm.
Under state law, the injured patient’s attorney in a medical malpractice case is required to file a written certificate of merit along with the legal claim. The certificate must state one of two things: i) the attorney has examined the facts of the claim and has consulted with at least one licensed doctor, and the attorney has determined, on the basis of that consultation, that there are reasonable grounds for filing a medical malpractice lawsuit; or ii) the attorney was unable to comply with the consultation requirement, notwithstanding making three separate “good faith” efforts at a discussion with three separate doctors.
If you or a member of your family has been hurt because of the error or wrongdoing of a health care provider, you need to reach out to a skilled Rochester medical malpractice attorney who can look into the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to helping New York clients resolve their malpractice claims in an efficient and effective manner. To discuss your medical injury in more detail, do not hesitate to call us at 315-479-9000 or reach out to us online.
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Failure to Diagnose Deep Vein Thrombosis in Rochester, Rochester Medical Malpractice and Personal Injury Blog, March 28, 2018