Every medical professional has a duty to provide competent care to their patients. This applies equally to doctors, nurses, dentists, and hospitals in general. When a failure to provide this capable care results in a new injury or worsening of a current condition, this may indicate medical malpractice. People who suffer harm because of healthcare negligence have the right to demand compensation for their physical, emotional, and economic losses. Even so, these claims are among the most complex and require years of legal experience to pursue in civil court.
If you or a loved one suffered harm at the hands of a healthcare worker, a Williamsville medical malpractice lawyer can take the lead in holding the at-fault parties accountable. Our highly-trained personal injury attorneys at Richmond Vona, LLC can help you know your rights and explain how a doctor’s actions may have violated them. Call our firm today to start reviewing your case. We are here to listen.
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The Legal Requirements in Malpractice Cases
Medical malpractice claims allege that a doctor or other healthcare provider was negligent in providing subpar treatment. This can occur in many ways. Common examples include:
A failure to provide an accurate diagnosis
An improper interpretation of test results
Prescribing an improper medication
Failing to perform a surgical or remedial procedure correctly
Not referring a patient to a relevant specialist
Simply being unhappy with a physician’s services does not constitute malpractice. New York law requires plaintiffs to work with medical experts to review the records and offer their opinion on whether negligence has occurred before a claim is even considered. According to New York Civil Practice Law & Rules § 3012-A, a complaint alleging medical malpractice must include an affidavit from at least one expert witness. This affidavit must state that the expert has reviewed the medical records, that the expert is familiar with the standard of care, and that, in the expert’s opinion, the defendant breached that standard of care. A Williamsville medical malpractice attorney can utilize their knowledge and connections to help people locate and hire these witnesses.
Available Compensation in Malpractice Claims
A healthcare negligence case aims to provide injured parties with the necessary compensation to set things right. This requires individuals to demonstrate how the incident has affected their physical health, emotional well-being, and finances.
The core of the claim will be recovering payments for additional medical care costs, including surgeries, medical devices, and home renovations to accommodate for better accessibility. There is no limit on this figure; demand packages consider past care and future needs.
An injured plaintiff may also seek compensation for their non-economic damages. This includes subjective losses such as pain and suffering, mental anguish, and a loss of enjoyment of life. Our compassionate Williamsville attorneys will work hard to understand how an incident of healthcare provider negligence has affected a person and will present this information in a way that leaves no doubt as to what they are owed.
Contact a Williamsville Medical Malpractice Attorney for Help Recovering Your Losses
Every person who visits a medical provider has the right to expect that they will receive competent care. While this is never a guarantee of a positive result, it does place a burden on providers to try their best to work towards a better outcome. When doctors fail in this obligation, they commit medical malpractice.
If you have sustained harm because of healthcare negligence, you have the ability to demand compensation for your losses. A Williamsville medical malpractice lawyer can help. Our attorneys can work with you to evaluate your case, contact the necessary experts, and protect your interests during settlement talks and trials. Contact us today to learn more.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
