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Syracuse Medical Malpractice Lawyer

Medical Negligence Lawyers Representing Victims of Medical Malpractice Across Upstate NY

Today's healthcare system has become a big business focused on making profits. This business has unfortunately led to a significant increase in mistakes that could have been prevented. These mistakes can have life-altering consequences for you and your family.

If you or someone you care about has experienced serious harm or the loss of a loved one because of medical errors, you may have the right to receive compensation for the injuries. It's extremely important to reach out to an experienced medical malpractice lawyer in Syracuse as soon as you can to make sure your legal rights are protected.

At Porter Law Group, we have a proven track record of obtaining settlements and verdicts for individuals who have been harmed by medical mistakes in Syracuse and throughout Upstate New York. We invite you to contact our firm today for a free consultation. With offices conveniently located in Syracuse, Albany, Buffalo, Rochester, and New York City, we proudly serve clients across Upstate New York and the rest of New York State.

What Led to Your Injuries?

The purpose of medical care is to make you better, but sometimes mistakes happen that cause preventable injuries. These injuries can occur when healthcare providers don't follow the right procedures or provide proper care.

If you think something went wrong during your medical treatment and you've suffered significant harm as a result, it's a good idea to talk to an experienced medical malpractice lawyer at our Syracuse office.

We will help you figure out why you were injured and guide you on what legal steps to take.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a hospital, doctor, or other healthcare professional causes an injury to a patient through negligence or omission. Negligence can arise from various factors, including errors in diagnosis, treatment, aftercare, or overall healthcare management.

To have a strong medical malpractice case, you need to show three things:

  1. The healthcare provider made a mistake or didn't meet the expected level of care (medical negligence).
  2. That mistake or negligence directly caused harm.
  3. You actually suffered an injury as a result of that harm.

What Are Some Common Examples of Medical Malpractice?

Common types of medical malpractice include:

  1. Failure to diagnose or misdiagnosis of various conditions
  2. Failure to diagnose cancer
  3. Failure to diagnose heart disease
  4. Birth injury malpractice
  5. Emergency room negligence
  6. Primary care physician malpractice
  7. Misreading or ignoring laboratory results
  8. Surgical errors or wrong-site surgeries
  9. Anesthesia errors
  10. Improper medication or dosage
  11. Inadequate follow-up or aftercare
  12. Premature discharge
  13. Failure to take an appropriate medical history

What Is the Statute of Limitations for Medical Malpractice?

In New York, a medical malpractice lawsuit generally must be initiated within two years and six months (2.5 years) from the date of the alleged malpractice. If the medical malpractice claim involves a wrongful death, it must be filed within two (2) years of the death. However, certain exceptions may apply that can shorten or extend the time within which a medical malpractice action must be commenced.

To determine your specific statute of limitations, it is essential to consult with an experienced lawyer as soon as possible.

Why Should You Hire an Experienced Medical Malpractice Lawyer?

Medical malpractice is a highly specialized area of law, requiring the expertise of a lawyer well-versed in handling such cases.

An experienced medical malpractice lawyer will possess the knowledge and skills necessary to navigate the vast amount of medical evidence typically involved in these cases effectively. When the input of a medical expert is required, the lawyer should have access to a network of qualified professionals to consult with.

Additionally, an experienced medical malpractice lawyer should have a deep understanding of the specific medical aspects involved in your case, exhibit confidence in deposing or cross-examining medical defendants, demonstrate familiarity with medical defense lawyers, boast a positive reputation with the courts, and possess extensive experience dealing with doctors' insurance carriers.

How Can You Win a Medical Malpractice Case?

Having an experienced lawyer on your side is essential for increasing your chances of success in a medical malpractice case. A top-notch attorney will:

  1. Understand medical practices deeply.
  2. Have access to highly qualified medical experts.
  3. Be well-versed in the legal process.
  4. Have substantial experience presenting cases in court.

If your medical malpractice case doesn't end in a settlement and goes to trial, your lawyer will use medical expert testimony to help the jury understand how the healthcare provider didn't meet the accepted medical standards. In the end, it's up to the jury or judge to decide if there was medical malpractice.

What Are the Legal Fees for a Medical Malpractice Case?

Most medical malpractice lawyers work on a "no win, no fee" basis. This means they only get paid if they win your case or secure a settlement for you. Their fee is a percentage of the money you receive from the court or through a settlement. If they can't settle your case or if you lose in court, they won't get paid. In other words, they only get paid if you do.

In New York, the usual fee for personal injury cases is around 33.3% of what you recover. However, for medical malpractice cases in New York, the fees are determined by state laws, and they are often lower. But, because medical malpractice cases involve a lot of work, a court might increase the fee to 33.3% if the lawyer asks for it.

In any case, the legal fees for a medical malpractice case should not go beyond 33.3% of what you receive as compensation.

Why Are Medical Mistakes So Frequent?

Medical malpractice occurs much more frequently than the average person realizes. In recent years, researchers have highlighted how many people are impacted by malpractice:

  • An estimated 250,000 deaths occur each year due to medical errors, though the actual number might be higher due to under-recognition and underreporting.
  • Approximately 85,000 lawsuits are filed against medical professionals across the country annually.
  • Millions of injuries are caused by malpractice each year.
  • The number of medical malpractice suits filed varies by state in the United States.
  • On average, a medical malpractice lawsuit took five years in 2006, but a 2017 survey of physicians revealed that the majority of cases took 1 to 2 years.
  • Other medical malpractice statistics show a significant increase in malpractice over the last decade, with 21% of American adults reporting suffering from a medical error. The fraction of physicians who were sued decreased slightly from 2.4% in 2016 and 2018 to 1.8% in 2022. The American Medical Association (AMA) states that one in three clinicians will be sued at least once.

Many factors contribute to the high rate of medical errors, including:

  1. Lack of Continuity of Care: Today's healthcare systems are large and complex, making it difficult for doctors and nurses to communicate effectively. This lack of coordination can result in patients falling through the cracks and experiencing serious harm.
  2. Flawed Medical Culture: In the medical field, there's often a hierarchy where nurses and other healthcare professionals are hesitant to question doctors, even when they see potential mistakes. Doctors are also reluctant to criticize each other, leading to many medical errors going unreported. This lack of reporting makes healthcare less safe for patients.
  3. Resistance to Change: Despite the development of advanced research and innovative programs to reduce medical errors, many doctors and hospitals are slow to adopt necessary changes. This resistance to change slows down progress and keeps the problem going.

It's important not to blindly trust medical professionals. If you suspect that something went seriously wrong with your medical care, reach out to our Syracuse medical malpractice attorneys to discuss your situation. We can help you understand what happened and guide you through the appropriate legal steps.

Birth Injuries

The birth of a child is a momentous occasion, symbolic of hope, possibility, and new beginnings.

Unfortunately, preventable birth injuries can shatter the joy and transform it into unimaginable sorrow. When these injuries result from medical negligence, it is natural for parents to feel anger and outrage.

At Porter Law Group, we have achieved successful outcomes in numerous birth injury cases, seeking to secure necessary medical care and treatment for children and compensation for their unnecessary injuries. Our expertise covers cases involving:

Negligent prenatal care, labor complications, and delivery trauma can have serious consequences for both the baby and the mother:

  1. Negligent Prenatal Care: When healthcare providers fail to detect and address conditions like gestational diabetes during pregnancy, it can lead to significant risks for both the baby and the mother. For instance, low blood sugar in a newborn can cause seizures shortly after birth, and gestational diabetes may be linked to preeclampsia, a condition involving high blood pressure in pregnant women that can harm the kidneys and other organs. Neglecting to treat these conditions can even result in fatal outcomes.
  2. Labor Complications and Delivery Trauma: During labor and delivery, doctors must be well-prepared to handle any unexpected issues. Regardless of the baby's position in the womb, proper care during delivery is essential to prevent complications like shoulder dystocia, which can cause nerve damage.
  3. C-Sections: In certain situations where signs suggest that the fetus is in distress, doctors may need to perform a C-section, even if it wasn't originally planned. This intervention may be necessary to prevent brain damage caused by oxygen or blood supply problems. However, doctors must carefully consider the decision to perform a C-section, as it can also lead to its own set of complications.

If your baby has been diagnosed with conditions like Erb's palsy, Klumpke's palsy, or cerebral palsy, medical negligence during the birthing process may be the underlying cause of these conditions.

Failure to Diagnose Cancer

Cancer is a relentless disease that has a profound impact on many lives. In 2022 alone, there were approximately 1.9 million new cases of cancer diagnosed in the United States, which amounts to roughly 5,250 new cases every day. Sadly, it's estimated that in 2023, about 609,820 people will lose their lives to cancer in the United States.

Cancer risk increases as people get older, with the incidence rates rising significantly:

  • For those under 20 years old, there are fewer than 25 cases per 100,000 people.
  • Between the ages of 45 and 49, the rate jumps to about 350 cases per 100,000 people.
  • And for those aged 60 and older, it climbs to more than 1,000 cases per 100,000 people.

These numbers are not unique to the United States; worldwide, it's projected that there will be a staggering 28 million new cancer cases annually by the year 2040.

When it comes to diagnosing and treating cancer, timely and accurate diagnosis is absolutely crucial. Unfortunately, diagnostic errors happen more often than we'd like. Some of the reasons for these errors include doctors spending too much time updating electronic medical records on computers instead of focusing on their patients and making informed decisions. Additionally, the profit-driven nature of many healthcare systems can lead to doctors rushing through patient appointments to maximize revenue, potentially resulting in rushed or incorrect diagnoses.

Our Syracuse medical malpractice lawyers are committed to holding healthcare professionals accountable for diagnostic failures that have caused significant harm to patients and their families. If you or a loved one have experienced such a failure, we're here to listen to your story and seek justice on your behalf.

Our Track Record in Various Medical Malpractice Cases

We are immensely proud of our outstanding track record in securing compensation for individuals who have suffered due to medical malpractice. Many of our cases have resulted in verdicts and settlements that exceeded $1 million, demonstrating our commitment to helping those in need.

Your health and the well-being of your loved ones are of the utmost importance. When these are compromised, fair financial compensation becomes essential.

In cases where the loss of a loved one or a loss of financial support has occurred, receiving financial compensation becomes vital to protect the family's well-being. In situations where someone has endured severe injuries and can no longer enjoy life as they once did, financial compensation can provide some relief from the pain and suffering associated with these losses.

Here at Porter Law Group, our team of medical malpractice lawyers is dedicated to assisting Syracuse residents in pursuing these cases, always with a focus on long-term goals and the well-being of our clients.

Free Consultation with an Experienced Medical Malpractice Lawyer in Syracuse

To speak with a medical malpractice attorney in Syracuse about your case, contact Porter Law Group at 833-767-8379 or reach out to us online.

Last Updated on October 24, 2023 by Michael S. Porter
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