Kingston Medical Malpractice Attorneys
Representing Injured Ulster County Patients in Claims Against Doctors and Other Medical Professionals
When you are sick or injured, you expect to receive appropriate treatment and proper diagnoses from knowledgeable and well-trained physicians and hospital staff. Unfortunately, physicians and hospitals sometimes make unacceptable oversights and mistakes. At Basch Keegan & Spada, we help injured patients throughout the Hudson Valley recover compensation in medical malpractice lawsuits.
Types of Medical Malpractice Cases We Can Help With
Our medical malpractice lawyers have helped countless individuals in the past, and we’re well aware of the certain actions medical professionals can take that are negligent, including but not limited to the following:
- Birth injuries and delivery mistakes causing birth trauma
- Performing surgery on the wrong patient or part of the body
- Closing a patient with a surgical object still in his or her body
- Anesthesia errors
- Misdiagnosis, missed diagnosis, or failure to diagnose
- Providing inaccurate treatment
- Delaying treatment
- Failure to provide information regarding risks and side effects of treatment or medications
- Prescription errors
We understand that being the victim of medical malpractice is a traumatic experience, especially when the person or facility you entrusted with your health did you harm. We will do everything we can to help you obtain compensation.
Elements of a Medical Malpractice Claim
When you or a loved one experience harm due to medical negligence, it’s crucial to understand the elements that constitute a medical malpractice claim.
To establish a medical malpractice claim, four essential elements must be demonstrated:
- Duty of Care: The healthcare professional or provider must have owed a duty of care to the patient. This duty is established when a doctor-patient relationship exists.
- Breach of Duty: It must be proven that the healthcare professional breached their duty of care by deviating from the accepted standard of medical practice. This may involve errors in diagnosis, surgical mistakes, medication errors, or failure to provide appropriate treatment.
- Causation: The breach of duty must have directly caused the patient's injuries. It's crucial to establish a clear link between the negligent actions and the harm suffered.
- Damages: The patient must have suffered physical, emotional, or financial harm as a result of the medical negligence.
Our dedicated team of medical malpractice attorneys at Basch Keegan & Spada has the knowledge and expertise to meticulously analyze your case, gather evidence, consult medical experts, and build a strong argument to support your claim.
Who Can Be Held Liable for Medical Malpractice
Medical malpractice claims can involve various parties who may be held liable for the injuries suffered.
Depending on the circumstances, potential defendants in a medical malpractice case may include:
- Doctors: Physicians who provided direct medical care and made errors that resulted in harm.
- Nurses: Nurses who failed to follow proper procedures, administer medication incorrectly, or neglect their duties.
- Hospitals and Clinics: Medical facilities may be held responsible for the actions of their employees, such as inadequate staffing, faulty equipment, or failure to maintain a safe environment.
- Pharmacists: If a pharmacist dispenses the wrong medication or fails to provide proper instructions, they may be liable for resulting harm.
- Medical Device Manufacturers: If a defective medical device contributed to the patient's injuries, the manufacturer may be held responsible.
Determining liability in a medical malpractice case requires a thorough investigation and the expertise of seasoned medical malpractice attorneys like those at Basch Keegan & Spada. We have a deep understanding of the complexities involved and will diligently pursue all responsible parties to ensure you receive the compensation you deserve.
Doctors Have a Duty to Provide Competent Treatment
Like many other professions, medical professionals must ensure they’re providing care that meets the industry standard. This means when they have a patient, they must work hard to diagnose a problem and treat it accordingly without causing any additional harm. Any failure in this standard of care mean the patient can suffer severe harm and the medical professional may be responsible for any and all damages suffered.
Hospitals May Be Vicariously Liable for Employee Mistakes
Whenever someone must go to a hospital, he or she relies on medical professionals to provide adequate care. However, it’s the hospital’s responsibility to hire these professionals. If a doctor, nurse, or other medical professional causes a patient to suffer harm, the hospital may hold a share of the liability for hiring mistakes.
In some cases, hospitals can be responsible for contaminated supplies as it is the hospital that supplies medical professionals with these items. Proving a hospital is responsible means working with an attorney who knows how to utilize evidence to pursue compensation you need.
Types of Damages in a Medical Malpractice Case
When pursuing a medical malpractice claim, it’s essential to understand the types of damages that may be awarded. These damages aim to compensate the victim for the losses and injuries they have endured.
In a medical malpractice case, the types of recoverable damages may include:
- Economic Damages: These damages cover actual financial losses, such as medical bills, rehabilitation costs, lost wages, and future medical expenses.
- Non-Economic Damages: Non-economic damages compensate for intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
- Punitive Damages: In cases involving egregious conduct or intentional harm, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
- Wrongful Death Damages: If medical malpractice results in the death of a loved one, surviving family members may be entitled to compensation.
Each case is unique, and the specific damages sought will depend on the individual circumstances. Our dedicated medical malpractice lawyers at Basch Keegan & Spada will work closely with you to assess the extent of your losses and pursue maximum compensation on your behalf.
Time Limits for Filing a Medical Malpractice Lawsuit
It’s important to be aware of the time limits, known as statutes of limitations, for filing a medical malpractice lawsuit in Kingston. These limits are in place to ensure that claims are brought within a reasonable timeframe. In New York, the general statute of limitations for medical malpractice cases is two and a half years from the date of the alleged malpractice or from the end of continuous treatment.
However, there are exceptions to this rule, such as cases involving foreign objects left in the body, cases involving minors, and cases where the malpractice was not immediately discoverable. It’s crucial to consult with an experienced medical malpractice attorney promptly to understand the specific deadlines that apply to your case.
Contact Us to Schedule a Free Consultation
If you feel that you or someone you love has been the victim of medical malpractice, please contact Basch Keegan & Spada today for a free consultation. We will meet with you in your home or hospital room if you are unable to come to our offices.
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With our proven experience, we're known for tackling tough claims. If you or a loved one has been harmed by someone else's negligence, we're here to help you fight for justice.
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