The Reinartz Law Firm, LLC.
What is medical malpractice?
Medical malpractice is the provable dereliction of duty of care from a medical professional toward a patient. When a trusted medical professional goes outside of the accepted standard of care that results in injury to the patient, there could be a medical malpractice claim.
As patients, we expect our doctors, nurses and other medical professionals to take care of us. When an unexpected outcome leaves you or a loved one suffering from additional injury, infection or even death, it is devastating. It is natural for complications like this to make us doubt the medical professionals tasked with our care. However, the difference between bad outcomes and malpractice can be difficult to identify. Were your injuries the result of expected risk factors that were unavoidable? Or are you suffering due to negligence or malpractice from one or more of the medical professionals in charge of your case?
What is needed to prove medical malpractice?
There are four pieces of the overall medical picture that must be proven for a medical malpractice claim to be viable. As a team, our medical malpractice lawyers, researchers, experts and you will need to prove that duty of care existed, was breached, and caused your provable injuries and suffering.
|How To Prove Medical Malpractice|
|1. First, we must prove that the medical professional owed the patient a duty of care. That means, we must prove a doctor-patient relationship where there was clear understanding of what procedures were expected to take place.|
|2. Second is to show that the standard of care was breeched. In the state of New York, medical malpractice occurs when a medical professional breeches the set standard of care for an individual, which is the cause of harm to the patient. The established and generally-accepted procedures for treating a specific medical condition in a set geographic area is what determines the standard of care.|
|3. The standard of care will vary based not only on the medical condition, but also on the patient's age, general health, and past medical history. With all variables considered, the standard of care dictates the treatment protocol. For example, a patient with a history of recurring ear infections over the course of one year may be recommended to have tubes inserted surgically, whereas a first-time ear infection would simply be treated with antibiotics.These pre-established parameters for care are researched and used to compare against the steps that were taken in your case. In addition to the accepted standards of care for each case, we also need to prove the third piece of the puzzle, which is that the deviation from the standard of care is what directly caused your injuries.|
|4. Finally, we will need to show that your suffering equals damages that can be compensated monetarily. We will use your medical records and recovery prognosis to determine how badly you were injured as a result of the malpractice and assign a dollar amount to cover the costs of your medical care, plus the suffering and time away from work that resulted from the malpractice.|
How medical malpractice attorneys can help
If you believe that you or a loved one has been the victim of medical malpractice, we can help review the facts of your case to advise you if you have a case. We will research the specific procedures of your case, along with the expected standards of care that go along with that treatment. While new medical techniques are adopted all the time, if any of your treatment went against the set standards and protocols of care, you may have a medical malpractice case.
As experts on the nuances of New York malpractice law, we at the Reinartz Law Firm can anticipate the hurdles of your case and prepare you for each step of the process. We believe in involving our clients at every stage of the legal process so you know what to expect. When questions arise, we will sit down and discuss with you all options so you are well-informed.
Because medical malpractice law is different than many other kinds of personal injury proceedings, we know before delving in that it could take added time, research and input from experts in the medical field. We take the weight of these added pressures off of you so that you can focus on your recovery, your grief and your family during this difficult time.
Medical Malpractice lawsuits in New York have been changing over the course of the past decade. Limitations on specialists who can testify, along with strict statutes on timing of malpractice suits can make it a difficult prospect for any law firm.
At Reinartz, we have adapted along with the ever-changing face of medical law in New York. Where other firms dismiss many cases out of hand because they can be difficult and time-consuming, we will do the research necessary to explore every opportunity to seek justice for your injuries, pain and other complications.
In New York, the statute of limitations for medical malpractice injuries is two years from the date of the occurrence. This means that you must file your claim within two years from the date of your medical procedure where things first went wrong. Timing like this can be difficult because certain injuries or complications may not appear right away. Patients could be suffering for months without knowing that their suffering is related to a past medical procedure.
Once you have made the connection between your suffering and the medical incident that caused it, your two-year time frame may be close to running out. Our team of legal professionals at Reinartz Law will delve right into the research of your medical history to get all claims filed within the required time frame. We will work tirelessly to seek the justice you deserve for your medical injuries and complications.
What to expect when filing a medical malpractice claim
The vast majority of doctors are good people, but this does not mean they are infallible. Whether they are overtired from too many consecutive hours on call, or simply made a critical error in practice or judgement, mistakes do happen. The biggest hurdle in bringing a malpractice lawsuit comes in proving knowledge of medical standards and intent.
Accidents are different from malpractice in that we must prove a doctor had knowledge of all of the details in the case and still went against expected protocol and standard procedure, which caused your medical complications. Or, even worse, if the doctor knew the risks and made a conscious decision to purposely perform his or her duties in a nonstandard method.
Once we have determined the course of action for your medical malpractice lawsuit, we will then work to secure all necessary documentation as well as testimony from other medical experts in the field. This can be a daunting task, as very few esteemed medical professionals wish to testify against a fellow doctor or nurse. That reluctance, combined with state limitations on who is permitted to testify can make it tough to find the necessary corroboration to prove malpractice.
We are not only aware of these hurdles, but we are prepared for them. The Reinartz Law Firm is a team of legal professionals. We will use the facts of your case to illustrate to reluctant experts that your case has merit, so they will offer their expertise on your behalf. Just as we would lay out the facts to the jury if your case goes to court, we use those same techniques to procure the necessary expert testimony and support of respected medical professionals.
If your case goes to trial, we will use these medical experts on the stand to help prove the four factors of your medical malpractice claim. They will testify as to what the typical medical standards of care are in a case like yours. They will show how your doctor, nurse, or other caregiver deviated from those set standards. Experts on the stand can help pinpoint exactly how those deviations directly caused your injuries, infection and prolonged suffering.
Contact The Reinartz Law Firm today.
Do not delay in contacting our law firm to seek help with a medical malpractice claim. We work on a contingency basis, which means we will review your case at no cost to you. We only get paid if we win compensation for you.
The window to file a medical malpractice lawsuit is a short one, considering the statute of limitations and the time it takes to research your medical history and find the medical experts to testify. Every day counts in a medical malpractice claim.
We want to help you get the compensation for your injuries that you deserve. You expected the best of care from your medical professionals, but ended up with suffering, pain or worse. Let the Reinartz legal team represent you through your medical malpractice claim so that you can fully and move on with your life.
Our New York medical malpractice lawyers are available for a free consultation of your case and we will begin immediately reviewing your legal options. Don’t hesitate. Call us today. The Reinartz Law Firm represents victims of medical malpractice throughout New York.