When you visit one of Smithtown’s many fine medical practitioners, you expect to get the care you need to make you healthier. Sometimes, though, medical professionals make mistakes. If the mistake was the result of a failure to exercise “reasonable care” as a competent physician would, then any injuries caused could form the basis of a medical malpractice claim.
If successful, a medical malpractice claim will result in a monetary settlement or court award that reimburses the injury victim for their damages. Such damages may include the medical costs of treating the injury as well as compensation for pain and suffering, loss of enjoyment of life, and loss of future earning capacity.
For over 60 years, Carner & DeVita has provided the local community with experienced Smithtown medical malpractice lawyers to represent them for medical treatment-related injury. You can find out whether or not your experience qualifies as a potential medical malpractice lawsuit by speaking to one of our local attorneys for absolutely free during your initial consultation.
Schedule a free, no-obligation consultation with a medical malpractice attorney in Smithtown when you call us at (631) 543-7070 or contact us online.
What Qualifies as Medical Malpractice?
Medical malpractice has a very specific definition under New York State law. These laws are intended to hold negligent doctors accountable while recognizing the inherent risks in medicinal care. As such, “medical malpractice” only refers to situations where a doctor failed to uphold the standard of care expected by their profession.
Medical malpractice can be an instance where a physician made a mistake in diagnosis because they overlooked a key test result or symptom that another doctor (operating under a reasonable standard of care) would have caught. Or, the physician could have neglected to consider a patient allergy when they made a prescription. Yet another potential scenario could be a surgeon who accidentally cuts a major nerve during what should have been a relatively low-risk procedure. On the other hand, doctors are not expected to be flawless. The act of prescribing medicine or arriving at a diagnosis or performing surgery can invite inherent risks. Patients are supposed to always be made aware of these risks so that they can make informed decisions regarding their own care.
If a patient accepts that a surgical procedure on their brain can paralyze or kill them, then the surgeon may not be liable for the outcome. Similarly, if a doctor makes a wrong diagnosis based on a condition that would be hard for even a “reasonable person” to have diagnosed properly, they may not be seen as negligent.
How a Smithtown Medical Malpractice Lawyer Can Help Your Case
Medical malpractice cases are almost always going to be complex and rely on deep knowledge of the law and medical practices. Your Smithtown medical malpractice attorney will likely consult with expert physicians to verify whether or not the mistake in care given was a mistake a “reasonable person” would not have made given their training, knowledge, and duty of care.
Prior case rulings and knowledge of laws governing doctors’ conduct also help your attorney build their case. With these factors combined, your attorney will use evidence and the law to put forth the strongest claim possible that seeks the maximum amount of compensation available under the law. If need be, your case will proceed to a lawsuit and possibly even a trial if that is what it takes to achieve the justice you deserve. Start working with a compassionate and knowledgeable medical malpractice lawyer in Smithtown who wants to see your case succeed. You can explore your options for a medical malpractice claim during a free consultation when you contact us online now or call us today at (631) 543-7070.