If you or your loved one has been a victim of medical malpractice, you may be able to seek compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice lawyers can review the merits of your case and assist you in determining your course of action. You can rest assured that our firm can guide you through the legal process in a thoughtful and compassionate manner.
A study recently released by WalletHub found that New York is the third-worst state for doctors, coming out just ahead of Rhode Island and New Jersey. The study compared states on 16 metrics, including annual salaries, starting salaries, hospitals per capita, hospital quality competition, and how much was awarded in malpractice per capita. One of the biggest setbacks for doctors working in New York is the high cost of malpractice liability insurance. In fact, New York was found to have the most expensive annual malpractice liability insurance in the United States. Exacerbating the cost of malpractice insurance is the amount that New York doctors are paid. The state came in 29th place in the study when it comes to wages for doctors. This fact, coupled with the cost of living in New York, affects the big picture for doctors.
In New York, you may bring a medical malpractice lawsuit for an injury you suffered against a licensed health care provider based upon their negligence, misconduct, mistakes, or omissions in the rendering of medical services. Specifically, medical malpractice occurs when a medical professional causes injuries or death by failing to adhere to the standard of care that a reasonable medical professional in the same specialty would have used in the same or a similar situation. Some examples of medical malpractice cases include but are not limited to:
- Anesthesia errors;
- Surgical errors;
- Birth injury errors;
- Failures to diagnose or missed diagnoses;
- Post-operative negligence;
- Premature discharges from the hospital; or
- Emergency room malpractice.
In New York, the plaintiff must follow certain procedural requirements in medical malpractice cases. The plaintiff’s lawyer must file a written certificate of merit along with the lawsuit. The certificate must show one of two things: i) that the lawyer has reviewed the facts of the case, at least one licensed physician has reviewed the case, and based on the physician’s review, the lawyer has determined that there is a reasonable basis for filing a malpractice claim; or ii) that the lawyer was not able to have a physician review the case despite making three separate “good faith” attempts at a consultation with three separate doctors.
If you or your loved one has been injured due to the negligence of a medical professional, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our reputable medical malpractice attorneys are committed to holding professionals accountable for their negligent actions. With years of experience, we know how to work through these complicated cases in an effective and efficient way. For more information about your legal rights and options, call us at 315-479-9000 or contact us online.
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