Doctors and other healthcare providers perform valuable services in our society. But doctors do not always provide care in a careful or appropriate manner. Sometimes they make mistakes, and depending on the nature of the mistake, the patient can suffer substantial pain, injury, or even death as a result. If you have been injured as a result of a doctor’s mistake, you may be entitled to compensation for your injury.

Medical malpractice, or the negligent provision of medical care, can take many forms. It can include the failure to diagnose an illness or condition based on recognized symptoms, the failure to properly refer a patient to a specialist, the improper performance of surgery or another procedure, or the failure to treat infection or other curable conditions before they become severe. Malpractice is based on treatment that is below the standard of care expected of similar doctors in the same geographical area. This standard recognizes that no doctor can cure everything, and that a certain amount of judgment and discretion is necessary. However, if a doctor does not exercise his or her discretion up to the standard of similar doctors in the community, and a patient suffers injury as a result, the doctor may have committed malpractice.

Because the malpractice standard is based on the standard of other doctors in the community, the testimony of other doctors is essential. For this reason, medical malpractice cases can be very expensive to pursue, as sometimes several expert medical witnesses are needed. In addition, doctors, hospitals, and other medical care providers typically fight tooth-and-nail against malpractice charges in order to preserve their reputations and keep their insurance premiums low.

Medical malpractice is a hotly debated public issue. Setting caps on the amount injured patients can recover and shortening the statute of limitations to file medical malpractice suits is routinely discussed on a local and national level as a means to purportedly limit medical malpractice insurance premiums and to deter frivolous claims. New York does not presently have a cap on recovery in medical malpractice cases.

Even if you have signed a waiver or consent form, you still likely have a viable claim for medical malpractice. A doctor cannot provide care that is below the standard of care in the community, and cannot require or ask you to consent to substandard care before you receive treatment.

If you believe you have been the victim of medical malpractice, you should consult with an experienced New York medical malpractice attorney. Vogel & Rosenberg has substantial experience in the area of medical malpractice. We understand the devastating nature of your injuries, and will advise you of your options. While you may not be able to return to your prior state of health, we will work hard to obtain your due recovery in court so that at least you can limit the financial impact of your injuries. We will aggressively work to hold accountable those responsible for your injuries.

Contact us today at (888) 487-6735 for a confidential consultation.