Medical Malpractice

Medical professionals spend years in school to provide a high standard of medical care. When they start to work in a hospital, clinic, urgent care center, or other facility, it’s expected that they will continue to display conscientiousness in every patient interaction.

Yet, many patients have negative medical outcomes. According to The Commonwealth Fund,  patients across the country face the highest death rates for treatable and avoidable medical conditions and the highest maternal and infant mortality among developed nations. According to another study, about 795,000 Americans suffer serious harm each year due to diagnostic issues alone.

The Law Office of Mark A. Siesel, with offices in White Plains and a satellite office in Peekskill, New York has the background, dedication and experience to prosecute claims of medical malpractice for clients who have suffered injuries due to the negligence and carelessness of doctors, nurses, dentists, psychiatrists, podiatrists, chiropractors, hospitals, and other health care providers. If you have had a negative medical outcome in the Hudson Valley, Westchester County, the New York City area, or surrounding communities, contact The Law Office of Mark A. Siesel for a free consultation.

What Are Medical Malpractice Cases?

In the State of New York, you may have a medical malpractice case if three conditions are met:

• There was a doctor-patient relationship. If you visited a clinic, received treatment from any medical professional, such as a nurse or dentist, or had an appointment with any clinic, hospital, or medical facility, it’s usually straightforward to establish there was a duty of care.
• The medical professional deviated from expected standards of medical care. For example, if you go to an emergency room with a leg that is swollen and crooked-looking after a car accident, most doctors would check for a fracture. If the ER physician sends you home without an x-ray and it later emerges you had a broken leg, you may establish that the doctor failed to act in the reasonable way that another ER doctor with the same experience would act.
• As a result of a medical professional’s actions, you suffered harm. You must show that your injury worsened, or that you suffered an injury or illness because of the actions of the medical professional.

The challenging thing with medical malpractice cases is that things do go wrong in medical settings all the time. A patient may have an unexpected reaction to medication, or a medical professional may make an honest mistake. Not all negative medical outcomes can lead to a medical malpractice claim. You must be able to show that a medical professional failed to provide an adequate, expected standard of care.

At The Law Office of Mark A. Siesel, we work with independent, board-certified orthopedic surgeons, neurologists, thoracic surgeons, and other medical professionals who can testify whether a reasonable standard of care was exercised in your case or not. If you have suffered a delayed diagnosis, injury, illness, complication, or any negative medical outcome, find out if you have a medical malpractice case by contacting The Law Office of Mark A. Siesel for a free consultation.

What To Expect in Medical Malpractice Cases

Particularly when pursuing cases of medical malpractice, in which the defense lawyers retained by the doctor’s insurance companies are generally more experienced and medically knowledgeable, it is vital that you retain a firm which can match the experience and background of those seeking to deny just compensation for your injuries. Further, unlike general negligence cases such as car accidents or construction accidents, the time with which you have to commence a claim for medical malpractice is shorter. Thus, with time being of the essence, it is essential that you retain attorneys with the necessary experience to prosecute your case effectively and successfully.

It is important to note that medical malpractice cases do not just involve doctors. You may have a claim against a hospital, clinic, dentist, medical specialist, or any medical provider. If you’re not sure whether you have a claim, consult with a medical malpractice attorney, who can explain whether you have any grounds to pursue financial recovery.

In medical malpractice cases involving public hospitals, there is an additional requirement of filing a prompt notice of claim to ensure that a lawsuit can be pursued if a medical expert determines that there was a departure from good and accepted medical procedure. With all of these intricacies, you must retain attorneys with the requisite knowledge and experience. The Law Office of Mark A. Siesel, armed with that experience and background, will vigorously and aggressively litigate your case with the responsible parties and insurance companies to maximize compensation for your pain and suffering, lost earnings, loss of enjoyment of life and medical expenses, both past and future.

What Kinds of Situations Lead to Medical Malpractice Claims?

Medical malpractice claims can arise from any situation where harm occurs in a medical care setting due to a medical practitioner’s unreasonable actions or lack of action.  Our firm handles a variety of medical malpractice claims, including those arising from:

• Delayed diagnosis. This can happen if a patient presents with symptoms and a medical professional fails to see what is causing the symptoms, meaning a diagnosis isn’t reached in a reasonable time frame. In situations involving serious conditions like cancer, a delayed diagnosis can make a patient’s prognosis much worse.
• Missed diagnosis. With a delayed diagnosis, a patient is eventually diagnosed. With a missed diagnosis, a patient is never correctly diagnosed, meaning they do not get adequate treatment.
• Lack of informed consent. In this situation, a medical provider fails to provide a patient with adequate information about the benefits, risks, and alternatives to a medical treatment or procedure. The patient therefore doesn’t have the facts they need to make an informed decision about their care.
• Surgical injuries. These injuries can include operating on the wrong site, performing the wrong surgical procedure, and leaving instruments or foreign objects inside the patient during surgery.
• Anesthesia errors. Errors on the part of anesthesiologists can involve failing to monitor a patient, administering the wrong drugs, or getting the dosages wrong. As a result, a patient may come partly or fully conscious during the procedure or may even suffer permanent brain damage.
• Failure to refer to proper specialists. When a patient’s condition or symptoms are beyond a healthcare provider’s expertise, they should refer the patient to a specialist. Failure to do so can mean misdiagnosis, missed diagnosis, and lack of proper treatment for a medical condition.
• Orthopedic surgical injuries. These injuries can include nerve damage, damage to the blood vessels, fractures, implant failure, and other complications.
• Neurological injuries. Any damage to the spinal cord or brain caused by a medical provider’s actions can trigger a medical malpractice lawsuit.
• Obstetric / labor and delivery surgical injuries. Failing to monitor the mother and baby, excessive use of force, and the incorrect use of forceps and other equipment can lead to permanent harm to both the child and parent.
• Patient neglect. Patients in hospitals and clinical settings should be monitored to make sure they don’t suffer an allergic reaction, fall down, or get worse during treatment.
• Nursing home abuse. In nursing homes and assisted care facilities, medical abuse can mean residents don’t get their medication, are overmedicated to keep them compliant, or are denied medical treatment. In these situations, residents or their families can launch a claim.
• Spinal cord stimulator injuries. A spinal cord stimulator is an implant that relieves pain. When it is implanted incorrectly or when it has design flaws, patients can experience pain, infection, paralysis, and other serious complications.
• Improperly prescribed, dispensed or filled medications. Pharmacy negligence and incorrect medication can lead to allergic reactions, side effects, drug interactions, overdoses, and other harm.
• Unreasonable conduct of a health care provider. Any time a medical provider deviates from the expected standard of care, whether that’s refusing to order diagnostic tests or dismissing serious symptoms, patients may have legal recourse.

Contact Us If You’ve Been Affected By Medical Malpractice

The Law Office of Mark A. Siesel understands that injuries suffered as a result of medical malpractice can be devastating, life altering, and severe. We recognize that in addition to recovering the maximum compensation for physical, emotional and psychological pain and suffering, our clients also want to ensure that their past and future medical expenses are accounted for, any lost wages are reimbursed to prevent any financial suffering, that any loss of employment opportunities or potential are recognized, and that the insurance companies accept responsibility for all potential damages if the case is resolved prior to trial.

Our office will work tirelessly and aggressively to ensure that you receive the maximum possible compensation as expeditiously as possible. Knowing that the number one complaint of clients with other firms is that they are not kept up to date on the status of their cases, we pledge to return all phone calls or emails within 24 hours of receipt, by someone in our office with specific knowledge of your case.

If you or a loved one has been injured due to medical malpractice, contact us online or call us today at (914) 428-7386 to set up a free consultation.