Medical Malpractice

Kingston Medical Malpractice Attorneys

Representing Injured 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 LLP, we help injured patients throughout the Hudson Valley recover compensation in medical malpractice lawsuits.

Complete our contact form or call (845) 251-4545 to schedule a free consultation with our medical malpractice lawyers in Kingston.

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 LLP 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 LLP. 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 LLP 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 LLP 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.

Our team is available 24/7. Send us a message or call (845) 251-4545 to schedule a free consultation with our medical malpractice attorneys in Kingston.

Client Testimonials

  • Genuinely concerned and dedicated.

    “I was severely injured in a head-on accident. Basch & Keegan LLP handled my case over the past 3.5 years and I highly recommend them. The team genuinely understood my TBI, took the time to listen, and showed how it truly impacts my daily life. They kept in regular contact, always answered questions, and showed genuine concern for me and my family. The outcome was successful because of their dedication and hard work. This firm fights for you and gets results! We cannot recommend them enough.”

  • Extremely helpful and informative.

    “Came to Basch & Keegan LLP in 2019 with a slip-and-fall case. Everyone was extremely helpful and informative through every step. Very happy with the outcome of my case. Highly recommend this amazing firm!”

  • Treated me like family.

    “When you get hurt, call Basch & Keegan LLP. They truly are the best in every way. The attorneys are graceful and powerful in the courtroom and treated me like family. They secured more and more money over a 7-year period with more on the way. Highly recommended!”

  • This firm will fight for you and get results! We cannot recommend them enough!

    “Above everything, John and Katie showed genuine concern for me and my family. It’s clear how passionate John is about his work and doing what’s best for his clients.”

  • I will certainly recommend Maureen Keegan in the future!

    “Throughout the 2+ years, Maureen Keegan continued to persevere on my behalf, contacting doctors, etc. and continually informing me of the status of my case.”

What sets us apart?

  • Here to Help Win the Fight

    Backed by our experience and insight, we’ve become known for taking on the toughest claims. If you or someone you love has been injured by the negligence or wrongful acts of another, we’re here to help you fight for the justice you deserve.

  • HERE TO HELP Get Results

    At Basch & Keegan LLP, we have the resources and experience to help victims level the playing field with even the most powerful adversaries – and we have the record of success to back it up.

  • HERE TO HELP When You’re Hurt

    We serve as the support system you can rely on as you begin your recovery. We go the extra mile to ensure you can focus on getting better while we work on the legal aspects of your claim.

  • HERE TO HELP Regardless of Who You Ask

    We place an emphasis on personal attention. This approach allows us to create legal strategies custom-tailored to each client’s unique circumstances and has earned us the respect of our peers.

  • HERE TO HELP The Community

    Our Kingston-based lawyers have deep roots in the community and a lengthy history of giving back to Ulster County. When the community needs us, we are always here to help.

Contact us Today

Here to Help
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