When you go to the hospital, you expect to receive competent care. When that does not happen, the consequences for the patient can be devastating. If you believe that you were harmed by a medical professional’s negligence in a hospital setting, you need to reach out to a seasoned Rochester medical malpractice attorney for help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to protecting the rights of New York malpractice victims throughout the entire legal process.
A California woman who underwent an emergency C-section last year is now suing the hospital where it took place. In the lawsuit, the woman alleges that the anesthesiologist failed to respond to being paged, so the emergency operation went ahead without him.
The 26-year-old woman was 41 weeks pregnant when she was admitted to the hospital to have labor induced. After hours of labor, the obstetrician made the decision to call for an emergency C-section after the fetal heartbeat could no longer be detected. When the anesthesiologist could not be located, the doctor proceeded with the C-section, allegedly causing extreme pain and a burning sensation to the patient. According to the lawsuit, which names the hospital, surgeon, and anesthesiologist as defendants, the patient was crying and screaming at the top of her lungs because she could feel everything that was taking place.
The hospital claims that the plaintiff’s claims are outrageous and that she was administered anesthesia prior to surgery.
While this case took place in California, the reality is that a similar situation could occur anywhere in the United States, including New York. If you or someone close to you suffered preventable harm while in the care of a hospital, you may be able to file a medical malpractice claim against that hospital as well as other parties involved in your care. Medical malpractice takes place when a medical professional causes an injury or death by failing to adhere to the standard of care that a medical professional in the same specialty would have used under the same or similar circumstances.
A New York malpractice claim relies on expert testimony that the medical professional’s conduct or lack thereof was negligent. In other words, an expert witness will need to provide testimony that the medical professional’s conduct violated the standard of care. Typically, the expert witness is someone who is in the same specialty as the defendant medical professional. For example, if the failure to diagnose lawsuit is against an anesthesiologist, the expert witness will typically be an anesthesiologist. The idea is that a medical professional in the same specialty as the defendant is best suited to establish the standard of care and its breach.
Hospital negligence can lead to life-long harm. If you or someone close to you has suffered an adverse health outcome due to negligent care at a hospital, you may have a valid medical malpractice case. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester hospital malpractice attorneys will pursue full and fair compensation in your case. Call us today at 315-479-9000, or you can reach us online.
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