If you have reason to believe that you were the victim of medical malpractice, contact us at The Law Office of Richard M. Kenny for a free initial consultation. Our New York City personal injury lawyers can discuss the situation with you and determine whether or not you have a case. A medical malpractice attorney from our team can meet with you at the hospital or in your home, and we are ready to take immediate action on your claim for compensation, whether you are suffering from over testing, operating error, or something else.
In order to recover damages, it is necessary to prove that your claim meets all requirements for malpractice. Parameters for the claim include:
- The doctor had accepted you as a patient and owed you a duty of care.
- The doctor's care failed to conform to the accepted standards of practice.
- You suffered injury as a result of the doctor's breach of duty of care.
- You sustained losses as a result of the doctor's negligence.
A negligent doctor may be operating out of a private clinic, working in a hospital or making rounds in a nursing home. Regardless of the particulars, it is important to determine how an injury occurred and hold responsible those health care providers who do not follow widely acceptable standards of care, and injure patients in the process.
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When considering misdiagnosis, the dangers are clear – a patient is being treated for an ailment they do not have, while the one they do have is left untreated. Not only can this cause worsened symptoms the longer that proper treatment is delayed, but it can also result in complications from a treatment that is not necessary. Recently, a Patient Safety Incidents (PSI) study by HealthGrades noted that the most common cause of patient safety violations was a "failure to rescue," otherwise known as failing to properly diagnose and treat.
In the emergency department (ED), studies have found that the rate of misdiagnosis can be even higher due to the high-stress, high-paced atmosphere. In fact, certain studies have said that in the ED, the rate of misdiagnosis can be as high as 20% – meaning that 1 in 5 patients could suffer from improper diagnosis of their symptoms. Due to this, if you or a loved one has suffered from misdiagnosis, you should not hesitate to consult with a New York City medical malpractice lawyer from The Law Office of Richard M. Kenny as soon as possible. Contact a New York City medical malpractice attorney from our firm today.