White Plains Medical Malpractice Lawyer You Can Trust

Medical malpractice is a serious and complex issue that involves professional negligence by healthcare providers, leading to patient injury or harm. While many people associate malpractice with doctors, it can also involve nurses, hospitals, clinics, and diagnostic facilities. If you believe you’ve been a victim of medical malpractice, you need a knowledgeable and experienced medical malpractice lawyer in White Plains to help you navigate the complexities of your case. For this, Kent Hazzard & Freeman is here to provide the expertise and support you need.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm to a patient. This concept is more nuanced than other forms of negligence, such as those involved in car accidents or slips and falls. Proving negligence in medical malpractice cases requires specialized knowledge and often involves expert testimony to establish how the provider’s actions fell short of the accepted “standard of care” in their specialty.

Key Elements of Medical Malpractice

To establish a medical malpractice case, several key elements must be proven. These elements are crucial in determining whether a healthcare provider’s actions constitute medical malpractice and whether the victim is entitled to compensation.

Negligent Act

The first element that must be proven is the negligent act. This involves demonstrating that the healthcare provider acted negligently during treatment. This could include a variety of substandard care actions such as:

• Surgical Errors: A surgeon may operate on the wrong area of the body or perform the surgery so poorly that the patient is harmed instead of being helped. For example, operating on the wrong limb or leaving surgical instruments inside the patient are clear examples of negligent acts.
• Misdiagnosis: A doctor may fail to diagnose a condition that should have been diagnosed, or they may misdiagnose a patient’s condition. This can lead to inappropriate treatment and further complications.
• Failure to Diagnose: Delaying or failing to make a proper diagnosis can also be a form of negligence. If a doctor ignores symptoms that a prudent doctor has addressed or fails to order necessary tests, this could lead to a delay in treatment and worsening of the patient’s condition.
• Other Forms of Substandard Care: This includes overprescribing or under prescribing medications, failing to properly treat an ailment, allowing infections to occur due to faulty procedures, and other forms of negligence that deviate from standard medical practices.

Deviation from Standard of Care

The second element involves proving that the healthcare provider’s actions deviated from the standard of care expected in their field. This requires expert witnesses, typically other medical professionals, to clarify how the provider’s actions differed from what is considered acceptable in the medical community.

• Expert Testimony: Expert witnesses play a crucial role in establishing whether the healthcare provider meets the standard of care. They analyze the medical records, treatment protocols, and the overall care provided to determine if it meets the standards expected of a healthcare professional in similar circumstances.
• Analysis of Medical Records: A detailed review of the patient’s medical records is essential. This includes examining treatment plans, test results, and any other relevant documents to identify any deviations from standard care. For instance, if a doctor fails to order necessary diagnostic tests or ignores symptoms that a prudent doctor would have addressed, this could be a deviation from the standard of care.

Causation

The third element is causation, which involves demonstrating that the deviation from the standard of care caused the patient’s injuries. This is often the most challenging part of a medical malpractice case, as it requires clear evidence linking the negligence to the harm suffered.

• Linking Negligence to Harm: To prove causation, you must show a direct relationship between the breach of duty and the injury. This may involve presenting medical records, expert testimony, and other relevant documents to establish that the healthcare provider’s negligence was the direct cause of the patient’s injuries.
• Proximate Causation: The concept of proximate causation is also important. This means showing that the breach of duty was not just a remote cause but a legally sufficient cause of the injury. The patient must demonstrate that it was more likely than not that the healthcare provider’s negligence resulted in the injury.

Resulting Damages

The final element involves proving that the patient suffered damages as a result of the healthcare provider’s negligence. This includes both economic and non-economic damage.

• Economic Damages: These cover tangible losses such as medical bills, lost wages, and future earning potential. For example, if the patient requires additional medical treatment due to negligence, the cost of these treatments would be included in the economic damage.
• Non-Economic Damages: These include intangible losses such as pain and suffering, emotional distress, and loss of quality of life. If malpractice has significantly impacted on the patient’s ability to enjoy life as they did before, they may be entitled to compensation for this loss.

Key Takeaways

• Negligent Act: The healthcare provider must have acted negligently, such as through surgical errors, misdiagnosis, failure to diagnose, or other forms of substandard care.
• Deviation from Standard of Care: The provider’s actions must have deviated from the standard of care expected in their field, often established through expert testimony and analysis of medical records.
• Causation: There must be a direct link between the deviation from standard care and the patient’s injuries, demonstrating that the negligence was the cause of the harm suffered.
• Resulting Damages: The patient must have suffered damages, including both economic (medical bills, lost wages) and non-economic (pain and suffering, emotional distress, loss of quality of life) losses, as a result of the healthcare provider’s negligence.
• Expert Testimony and Medical Records: Expert witnesses and a detailed review of medical records are crucial in establishing the standard of care and linking the negligence to the harm suffered.
• Proximate Causation: The breach of duty must be a legally sufficient cause of the injury, not just a remote cause.

The Role of a Medical Malpractice Attorney in White Plains

A skilled medical malpractice attorney in White Plains can significantly help in gathering and presenting the necessary evidence to establish these key elements. Here’s how they can assist:

• Gathering Evidence: The attorney will gather all relevant evidence, including medical records, expert testimony, and other documents, to build a strong case.
• Analyzing Medical Records: The attorney will analyze the medical records and treatment protocols to identify any deviations from the standard of care.
• Securing Expert Testimony: The attorney will secure expert witnesses to testify about the standard of care and how the healthcare provider’s actions deviated from it.
• Establishing Causation: The attorney will work to establish a clear link between the negligence and the injuries suffered by the patient.
• Advocating for Rights: The attorney will advocate for the patient’s rights and ensure that they receive the compensation they deserve for their damage.

By understanding and proving these key elements, a medical malpractice case can be successfully established, and the victim can seek the justice and compensation they deserve. Kent Hazzard & Freeman are dedicated to helping victims of medical malpractice navigate this complex process and fight for their rights.

Types of Medical Malpractice

Medical malpractice can manifest in various forms, each with its own set of complexities and challenges:

• Surgical Errors: These include operating on the wrong body part, performing the wrong surgery, or leaving surgical instruments inside the patient.
  • For example, a surgeon might intend to perform a routine appendectomy but accidentally remove a healthy organ instead. Such mistakes can have severe and long-lasting consequences for the patient.
• Anesthesia Errors: These can occur when an anesthesiologist administers too much or too little anesthesia, fails to monitor the patient’s vital signs, or does not properly intubate the patient.
  • Anesthesia errors can lead to brain damage, respiratory problems, or even death.
• Delayed Diagnosis or Failure to Diagnose: This occurs when a healthcare provider fails to diagnose a condition in a timely manner or misdiagnoses a patient’s condition.
  • For instance, if a doctor fails to diagnose cancer in its early stages, it can progress to a more severe and potentially fatal stage by the time it is finally diagnosed. This includes failures to diagnose breast cancer, prostate cancer, lung cancer, skin cancer, and other life-threatening diseases.
• Failure to Treat: This involves a healthcare provider’s failure to provide appropriate treatment for a diagnosed condition.
  • For example, if a doctor diagnoses a patient with a serious infection but fails to prescribe the necessary antibiotics, the patient’s condition can worsen significantly.
• Medication Mistakes: These include prescribing the wrong medication, prescribing medication with a known allergen, or failing to account for potential interactions with other medications.
  • Medication errors can lead to adverse reactions, overdose, or underdose, all of which can be harmful to the patient.
• Birth Injuries: These occur during the delivery process and can involve injuries to the mother or the baby.
  • Examples include cerebral palsy, Erb’s palsy, and other birth-related traumas that can result from negligence during delivery.
• Medical Product Liability: This involves injuries caused by defective medical devices or products.
  • For instance, if a patient is injured by a faulty hip replacement or a defective pacemaker, they may have a claim against the manufacturer.

Liability for Medical Malpractice in New York

In many medical malpractice cases, the hospital or medical facility can be held responsible for the misconduct of its employees. This is known as “vicarious liability.”

• Vicarious Liability: Under this doctrine, the employer (hospital or medical facility) is held liable for the negligence of its employees, including doctors, nurses, and other medical staff.
  • For example, if a nurse administers the wrong medication due to negligence, the hospital where the nurse works can be held responsible for the patient’s injuries.

Types of Damages in Medical Malpractice Cases

Victims of medical malpractice may seek various types of damage to compensate for their losses. These damages are designed to provide financial compensation for the harm suffered because of the medical malpractice.

Economic Damages

Economic damage covers tangible losses that can be easily quantified. These damages are intended to compensate the victim for the financial losses they have incurred as a result of the medical malpractice.

Medical Bills

Medical bills are a significant component of economic damage. This includes all the costs associated with treating the injuries caused by the malpractice, including:

• Hospital stays: The cost of hospitalization, including room and board, medical care, and other expenses.
• Surgeries: The cost of surgical procedures, including the surgeon’s fees, hospital costs, and other expenses.
• Medications: The cost of prescription medications and other treatments.
• Ongoing care: The cost of ongoing medical care, including physical therapy, rehabilitation, and other expenses.

Lost Wages

If the injury prevents you from working, you can claim compensation for the income you would have earned. This includes:

• Past lost wages: The income you would have earned from the time of the injury to the present.
• Future lost wages: The income you would have earned in the future, but for the injury.

Future Earning Potential

If malpractice results in a permanent injury that affects your ability to work in the future, you may be entitled to compensation for lost future earnings. This includes:

• Reduced earning capacity: The difference between what you would have earned and what you can now earn due to the injury.
• Loss of career advancement opportunities: The loss of opportunities for career advancement and increased earning potential.

Non-Economic Damages

Non-economic damages are awarded for intangible losses that cannot be easily quantified. These damages are intended to compensate the victim for the emotional and psychological harm they have suffered because of medical malpractice.

Pain and Suffering

Pain and suffering damages are intended to compensate the victim for the physical and emotional pain they have endured as a result of the malpractice. This includes:

• Physical pain: The pain and discomfort caused by the injury.
• Emotional pain: The emotional distress, anxiety, and depression caused by the injury.

Emotional Distress

Emotional distress damages are intended to compensate the victim for the mental health impacts resulting from the negligence. This includes:

• Anxiety: The fear and anxiety caused by the injury.
• Depression: The sadness and depression caused by the injury.
• Post-traumatic stress disorder (PTSD): The psychological trauma caused by the injury.

Loss of Quality of Life

If malpractice has significantly impacted on your ability to enjoy life as you did before, you may be entitled to compensation for this loss. This includes:

• Loss of enjoyment of life: The loss of pleasure and enjoyment of life’s activities.
• Loss of relationships: The loss of relationships with family and friends.
• Loss of independence: The loss of independence and autonomy.

Punitive Damages

Punitive damages are intended to punish the healthcare provider for their actions and to deter similar behavior in the future. These damages are only available in cases where the healthcare provider acted with malice or fraud.

Malice

Malice is defined as a deliberate act to harm the victim. This includes:

• Intentional harm: The healthcare provider intentionally caused harm to the victim.
• Reckless disregard: The healthcare provider showed a reckless disregard for the victim’s safety and well-being.

Fraud

Fraud is defined as a deliberate act to deceive the victim. This includes:

• Misrepresentation: The healthcare provider made false statements or misrepresentations to the victim.
• Concealment: The healthcare provider concealed information from the victim.

Punitive damages are typically awarded in cases where the healthcare provider’s actions were egregious and demonstrated a blatant disregard for the victim’s safety and well-being.

Important Time Limits for Filing a Claim

Every personal injury claim, including medical malpractice, is subject to a statute of limitations. In New York, this timeframe can be complex and varies depending on the circumstances:

• For Adults: Victims must file a lawsuit within two and a half years after the injury occurs or is discovered, whichever comes first. This is the general rule, but some exceptions can extend this period.
  • For instance, under the “continuous treatment doctrine,” the statute of limitations does not begin to run until treatment for the particular ailment or condition is concluded. This means that if you are continuously visiting your doctor for the same condition over several years, the statute of limitations may be extended for that specific condition.
• For Minors: If the victim is under 18, the time limit may be extended, allowing more time to file a claim. Typically, minors have until their 18th birthday plus the standard two and a half years to file a lawsuit.
  • In certain situations, such as the presence of a foreign object left inside a patient, the limitations period may be “tolled,” or paused. For example, in New York, a medical malpractice lawsuit may be filed within one year of the date of actual discovery of the foreign object, or within one year of the date of discovery of facts that would reasonably lead to the discovery of the foreign object, whichever is earlier.

Given the strict timelines involved, it’s crucial to consult with a qualified medical malpractice lawyer in White Plains as soon as you suspect you have a case.

Kent Hazzard & Freeman provide aggressive and compassionate representation for victims of medical malpractice in White Plains, New York. We have extensive experience in handling medical malpractice cases, with a deep understanding of the medical and legal complexities involved.

Why Choose Kent Hazzard & Freeman?

• Experience and Expertise: Our team has decades of combined experience in handling medical malpractice cases. We have a proven track record of obtaining significant verdicts and settlements for our clients, ensuring they receive the compensation they deserve.
  • We have successfully handled a wide range of medical malpractice cases, from surgical errors and misdiagnosis to birth injuries and medical product liability.
• Personalized Attention: At Kent Hazzard & Freeman, we understand that each case is unique and requires a personalized approach. We take the time to listen to your story, explain your rights, and guide you through every phase of the legal process.
  • Our commitment is to treat you with genuine care and compassion from the initial case evaluation to the final resolution of your case.
• Comprehensive Representation: We handle a wide range of medical malpractice cases, including heart attacks, strokes, surgical errors, anesthesia mistakes, delayed or failed diagnoses, and more.
  • Our team is well-versed in the nuances of New York law and are equipped to navigate the complex legal landscape to secure the best possible outcome for you.

Key Takeaways

Here is why to choose Kent Hazzard & Freeman:

• Extensive Experience: Over three decades of experience in personal injury and medical malpractice law.
• Proven Track Record: Recovered tens of millions of dollars for clients through successful settlements and verdicts.
• Client-Centric Approach: Personalized attention and care, treating clients like family throughout the legal journey.
• Comprehensive Representation: Handles various areas of law including medical malpractice, truck accidents, car accidents, catastrophic injuries, and brain injuries.
• Strong Relationships with Insurers: Facilitates smoother processes for clients due to established relationships with insurance companies.
• Community Focus: Deeply invested in the well-being of the White Plains community and surrounding areas.
• Established Firm: Founded in 1934, one of the oldest and most recognized law firms in Westchester County.

How Your Medical Malpractice Lawyer Will Help You

When you choose Kent Hazzard & Freeman, our medical malpractice team in White Plains are committed to providing comprehensive and dedicated representation to help you navigate the complex process of a medical malpractice case. Here are several critical aspects of how our Kent Hazzard & Freeman will assist you:

Gathering Evidence

Gathering evidence is a foundational step in building a strong medical malpractice case. We  will meticulously collect all necessary evidence related to your case, including:

• Medical Records: We will obtain and review your complete medical records, including hospital charts, doctor’s notes, test results, and any other relevant medical documentation. This evidence is crucial in establishing the sequence of events and identifying any deviations from the standard of care.
• Hospital Charts: Hospital charts provide detailed information about your treatment, medications, and any complications that arose during your hospital stay. These charts can be vital in proving negligence.
• Other Relevant Documents: This includes any correspondence with healthcare providers, insurance records, and any other documents that may be relevant to your case.

This step is crucial in building a strong case and proving negligence. Our thorough approach ensures that no critical piece of evidence is overlooked.

Speaking with Expert Witnesses

Expert witnesses play a pivotal role in medical malpractice cases. We will identify and consult with expert witnesses who can provide testimony on how the healthcare provider’s actions deviate from the standard of care.

• Medical Professionals: Expert witnesses are often other medical professionals who can offer an unbiased opinion on the standard of care and whether it was breached. They will analyze your medical records and treatment protocols to determine if the healthcare provider’s actions met the expected standards.
• Testimony: These experts will provide detailed testimony explaining how the healthcare provider’s actions fell short of the standard of care. Their testimony can be instrumental in convincing a judge or jury that negligence occurred.

Negotiating Settlements

Our team is skilled negotiators who will work to settle with all parties involved, if possible. However, if a settlement cannot be reached, we are fully prepared to take your case to court.

• Skilled Negotiators: Our experience in negotiating with insurance companies and other parties ensures that we can often secure favorable settlements without the need for a trial.
• Litigation: If a settlement is not possible, our team will fight for your rights in court. We have a proven track record of success in both negotiations and litigation.

Explaining Laws and Likelihood of Success

Understanding the laws related to your case and the likelihood of success is essential. We will guide you through the complexities of New York’s medical malpractice laws and explain the potential outcomes of your case.

• New York Medical Malpractice Laws: We will explain the specific statutes and regulations that apply to your case, including the statute of limitations, the continuous treatment doctrine, and any other relevant legal principles.
• Likelihood of Success: Our goal is to ensure you are fully informed and prepared for every step of the legal process. We will provide a clear assessment of the strengths and weaknesses of your case and the likelihood of a successful outcome.

Protecting Your Rights

Protecting your rights throughout the legal process is our top priority. We will provide legal advice to protect you from actions that could damage your case.

• Legal Advice: We will advise you on what to say and do during the legal process to ensure your rights are fully protected. This includes guidance on interactions with healthcare providers, insurance companies, and other parties involved.
• Communications with Opposing Parties: Our team will handle all communications with the opposing parties and their insurance lawyers, ensuring that your interests are always represented. This includes negotiating with insurance companies, responding to legal motions, and representing you in court if necessary.

The Complexity of Medical Malpractice Cases

Medical malpractice cases are inherently challenging due to several factors:

• Expertise Issue: Challenging the expertise of medical professionals in a legal dispute is difficult unless you have your expert. Kent Hazzard & Freeman can help secure expert witnesses who can challenge the actions of the healthcare provider.
• Understanding Medicine as a Practice: Medicine does not have guaranteed results and discerning the difference between a calculated and acceptable risk and reaching the level of neglect is difficult. We must prove that the healthcare provider breached the standards of care and that this breach injured you.
• Jury Perception: Most people trust the words of a doctor, which can make it hard to sway a jury to your side. It takes a skilled medical malpractice lawyer to present the evidence in a way that shows the incompetence of the person you’re suing.

Compensation and Justice

Victims of medical malpractice can seek various types of compensation to address their losses:

• Economic Damages: This includes past, present, and future medical bills, rehabilitation costs, lost wages, lost capacity to work, home renovations to accommodate your injury and disability payments.
• Non-Economic Damages: This includes compensation for pain and suffering, emotional distress, and loss of quality of life.
• Wrongful Death Damages: If you are suing on behalf of a loved one who died due to medical malpractice, you may be entitled to wrongful death damages, which can include funeral expenses, lost financial support, and emotional distress.

The Impact of Your Lawsuit

While compensation is crucial, there is another significant reason to pursue a medical malpractice lawsuit. Your case could help prove that the healthcare provider should not continue practicing medicine, potentially saving the lives of others and preventing similar injuries.

• Licensing Board Actions: A successful lawsuit can lead to actions by the licensing board against the healthcare provider, potentially resulting in the revocation of their license. This ensures that incompetent or negligent healthcare providers are held accountable and does not continue to harm patients.

Don’t Wait Too Long to Start Your Case

Given the strict timelines involved in filing a medical malpractice claim, it is crucial not to delay.

• Statute of Limitations: You have two and a half years from the time the injury occurs or is discovered, whichever comes first, to start your malpractice claim. After this period, you cannot receive a remedy in court. In certain situations, such as the presence of a foreign object left inside a patient, the limitations period may be “tolled,” or paused.

If you think your doctor or another medical professional has harmed you, reach out to Kent Hazzard & Freeman as soon as possible. We offer free consultations with a medical malpractice attorney in White Plains to discuss your situation, answer your questions, and help you understand your legal options.