Whenever a medical professional is considering using any type of medical treatment or procedure on a patient, he or she must first get an informed consent from the patient. The definition of this term can vary from state to state, but overall it means that the patient has to knowingly decide on whether or not they want to proceed with a medical procedure or treatment. It is required by law for physicians and other health care professionals to break down the benefits, risks and available alternatives for the procedure or treatment before having the patient sign an informed consent. When a health care provider fails to do this, he or she can be held liable for legal claims for damages that are being pursued by an injured patient. To see if you have a valid medical malpractice case, you can consult with a medical malpractice lawyer at 91原创视频amp; Aspromonte LLP Associates in New York City.

Informed consent is based on the concept that patients have the right to know and a right to stop unauthorized contact with his or her body. This is also based on the idea that it is mandatory for physicians to disclose details to patients about a treatment, so that they can make an informed decision based on that understanding. In the case of medical trials and experiments, an informed consent is required from the patient beforehand.

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Medical Malpractice 鈥� An Overview
Understanding Informed Consent
Responsible Parties in Medical Malpractice Actions
Proving Your Case 鈥� Causation
Damages in Medical Malpractice Cases
Frequently Asked Questions About Medical Malpractice
Medical Malpractice Resource Links
Medical Malpractice Contact Form
The attorneys at 91原创视频amp; Aspromonte LLP have successfully handled numerous medical malpractice cases for clients throughout the New York City metropolitan area. No matter how difficult and complex the case, we are prepared to handle it.

What is a Valid Informed Consent?
To ensure that patient consent is valid, it鈥檚 required that the following criteria be met:

The consent should be obtained from the medical professional who will be performing the treatment or procedure and should have complete knowledge of the patient鈥檚 medical history
The physician should ensure that the patient has the mental and legal capability to give consent
Physicians should not try to persuade patients to sign a consent form
When a patient consents to a particular procedure, the medical provider can鈥檛 go beyond the scope of the procedure that was consented
The medical provider should provide enough information about the risks, benefits, unusual but serious risks (like death), alternative methods and its risks and benefits, and consequences of treatment refusal
The patient should be given time to ask questions about the procedure and information given
For a free legal consultation, call (212) 540-2987

The Two Types of Consent
There are two forms of informed consent that can be given to a medical professional by a patient, implied and expressed. An expressed informed consent is when the patient either gives consent orally or in written format. When written, it鈥檚 important that the consent also includes the health professional鈥檚 name that discussed the treatment with the patient and the health provider who will be performing the procedure, plus the date, location and time it will be performed.

An implied consent is when the patient doesn鈥檛 give oral or written consent, but is understood to be consented based on the situation surrounding the treatment. An example of this is when a patient comes to the hospital or clinic regarding a non-invasive procedure. Another example is when a necessary treatment or procedure, such as a surgery, is needed in the course of another surgery that the patient already consented.

Are there Exceptions to the Rules of Obtaining a Valid Consent?
Emergency situations such as within the ER, there鈥檚 usually not enough time to obtain an informed consent from the patient, due to the patient being unconscious or unable to communicate. In the event that a medical emergency poses a threat to the life of the patient and he or she is unable to communicate, implied consent is granted under the circumstances that it is a life-threatening situation.

Another exception is when emotional or physical harm is a risk factor of a patient. Some patients aren鈥檛 required to give consent when the nature of certain information may be too troubling for them.

Consent isn鈥檛 required for compulsory tests. When a patient has mental disorders or a communicable disease and needs certain tests or treatment, consent isn鈥檛 needed.

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How Consent is Obtained from Minors and Incompetent Persons
Obtaining consent isn鈥檛 always a simple process, especially when the patient is an incompetent adult or a minor. When individuals are impaired, mentally disabled or a child, and treatment is needed, it can be hard to get the consent that鈥檚 needed. Finding someone who can give informed consent on behalf of the patient may not be easy as well.

A guardian is typically appointed to a person who is mentally disabled. The guardian is able to make medical decisions and provide informed consent on behalf of the individual. It鈥檚 important that the physicians ensure that they are receiving informed consent from the right person or people.

In the case of minors, parents are usually the guardian who provides informed consent. There are some states that enable minors to have more say in the medical care and treatment they receive. This includes partaking in the process for obtaining an informed consent. The states that offer this option gear it towards mature minors, so not all teens fall under this category. In some situations, mature minors are able to give informed consent without a parent. Some of the treatments that mature minors are able to get without parental consent include those for mental illness, substance abuse and sexual activity.

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Call an Experienced Malpractice Attorney
It is every patient鈥檚 right to receive sufficient information about procedures and treatment before consenting to them. When this isn鈥檛 adequately provided and you are damaged or injured from the treatment, you could be eligible for compensation. To find out if you have grounds for a medical malpractice case, give the experienced malpractice lawyers at 91原创视频amp; Aspromonte LLP Associates in NYC a call today.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

From car accidents to construction accidents and cases of wrongful death, our dedicated personal injury attorneys are here to provide expert representation.

Call or text (212) 540-2987 or complete a Free Case Evaluation form

The post An Overview of Informed Consent appeared first on New York Personal Injury Lawyers.

Medical Liability/Medical Malpractice Laws offers a chart that summarizes the state laws for medical practice. The data was delivered by the National Conference of State Legislatures.

Medical Malpractice News offers relevant and timely news brought to you by the American Association for Justice.

• Medical Malpractice 鈥� An Overview
• Understanding Informed Consent
• Responsible Parties in Medical Malpractice Actions
• Proving Your Case 鈥� Causation
• Damages in Medical Malpractice Cases
• Frequently Asked Questions About Medical Malpractice

Medical News Today 鈥� Medical Malpractice/Litigation News聽provides recent news stories surrounding medical malpractice and litigation. Topics covered include legislation, lawsuits, disputes involving pharmaceutical companies and compensation claims.

Insurance Information Institute聽鈥� Medical Malpractice is a great resource for insurance and medical malpractice information.

Tort Law: An Overview聽provides resources and info about tort law, brought to you by Cornell Law School鈥檚 Legal Information Institute (also known as LII).

Malpractice Overview聽brought to you by Cornell Law School鈥檚 Legal Information Institute (or LII). This provides resources and info about malpractice.

Get Legal Advice for Your Medical Malpractice Suit Now

For a free legal consultation, call聽(212) 732-2929

If a medical professional caused you injuries, our聽medical malpractice lawyers in NYC聽can help you secure a financial recovery. We represent clients harmed by doctors, specialists, and other healthcare workers to ensure they receive a fair settlement. Contact our team now for a free medical malpractice case consultation.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Whether you鈥檙e dealing with injuries from a car accident, construction accidents, or a wrongful death case, our attorneys are here to provide compassionate support.

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Those who have suffered from errors during surgery, errors in the ER, misdiagnosis from a physician or other form of medical negligence, consult with a medical malpractice attorney to see if you can build a case.

In the case of medical malpractice, it鈥檚 not only doctors who are left responsible. Negligence can come from a variety of medical professionals within a hospital or clinic, such as osteopaths, dentists, nurses, health care facilities and nursing homes. If you feel that you鈥檝e been a victim of medical malpractice due to the negligence of a medical professional, then contact 91原创视频amp; Aspromonte LLP Associates in New York City today.

Individual Providers Can be at Fault of Negligence

In medical malpractice cases, it can be the individual providers who are at fault. This includes nurses, doctors, chiropractors, assistants of physicians, alternative medicine practitioners and other hospital employees. In order to have a medical malpractice case against any medical professional, it is required that the plaintiff prove that the health care provider owed a duty to the plaintiff (in a patient/provider relationship). The plaintiff must also prove that the medical provider breached that duty by providing below acceptable standard care that in turn caused harm or injury to the plaintiff.

• Back to Main
• Medical Malpractice 鈥� An Overview
• Understanding Informed Consent
• Responsible Parties in Medical Malpractice Actions
• Proving Your Case 鈥� Causation
• Damages in Medical Malpractice Cases
• Frequently Asked Questions About Medical Malpractice
• Medical Malpractice Resource Links

The attorneys at 91原创视频amp; Aspromonte LLP have successfully handled numerous medical malpractice cases for clients throughout the New York City metropolitan area. No matter how difficult and complex the case, we are prepared to handle it.

For a free legal consultation, call聽(212) 540-2987

Hospitals and its Facilities

Medical malpractice suits can also be filed against entities, such as hospitals. Hospitals are responsible for the workers it employs, so they can be held liable for negligence on their part (direct hospital negligence), and vicariously liable for their employees鈥� negligence. Vicariously liable is a term used for parties who are held responsible for the negligence of another, rather than for its own negligence.

What is Direct Hospital Negligence?

Hospitals are responsible for the people it employs within its facilities. This means inquiring about the applicants鈥� educational and training background, as well as licensing is the responsibility of the hospital. When a hospital fails to screen applicants before hiring them, they can be held liable under the doctrine known as 鈥渃orporate negligence鈥�. This is a doctrine for negligent retention or supervision of employees. There are two ways a hospital can be held liable:

• It fails to properly look into the credentials of an applicant before hiring him or her
• It allows a doctor it knew was incompetent to work with patients within its facilities

Hospitals are held responsible for ensuring that it has enough RNs working at all times to provide patients with quality care. When a hospital fails to provide this, this too can make it liable for patients鈥� injuries sustained during the shortage of nurses. Another area where a hospital may be held liable is when an employee doesn鈥檛 follow the instructions of a patient鈥檚 private physician. When a hospital employee sees a contraindication on a private physician鈥檚 treatment plan, but doesn鈥檛 inquire about it, the hospital could be held responsible for the injuries that incur due to it.

It is a hospital鈥檚 duty to provide safety to its patients by preventing harm, providing sufficient clinical tests, maintaining accurate medical records and properly discharging and admitting patients. When these responsibilities aren鈥檛 met and a patient gets hurt, it falls on the hospital. Generally, hospitals are required to treat people who are severely sick or hurt on an emergency basis and when they fail to do this because of discrimination against religion, race, color or inability pay, liability can befall the hospital as well.

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What is Vicarious Liability?

When the employees within a hospital injure a patient, it is possible for the hospital to be held vicariously liable. This is based on a legal doctrine called respondeat superior, which indicates that an employer can be held liable for the acts of negligent workers, if the worker was working within the scope of his or her position when the act of omission or neglect occurred. The purpose of this doctrine is to ensure that a responsible party will be able to compensate a plaintiff who was injured.

There are some cases where the health care provider is an independent contractor rather than an employee of the hospital. In this scenario, the respondeat superior doctrine doesn鈥檛 apply. When an independent contractor neglects a patient within a hospital it has a contract with, the hospital isn鈥檛 held liable for his or her negligence. But it could be held responsible for its own negligence when signing a contract with a physician who is incompetent or unlicensed.

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Can HMOs be Held Liable for Network Physicians?

There have been debates on whether or not health maintenance organizations should be held responsible for negligence caused by a physician within their network. When an HMO is the defendant in a malpractice case, it is treated the same as a hospital. This means that the HMO will either be facing direct negligence, which is when the HMO is held liable for irresponsibly hiring, supervising or retaining certain doctors, or an HMO can also be held responsible through vicarious liability, respondeat superior or agency. Some states offer pre-emption to HMOs that are chartered under state law, which protects them from large jury awards.

Call a Medical Malpractice Attorney

When you or someone you know becomes a victim of negligence by a health care worker, talk to a聽New York medical malpractice lawyer聽about your case. Give 91原创视频amp; Aspromonte LLP Associates in New York a call to discuss your accident injuries now.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

From car accidents to construction accidents and cases of wrongful death, our dedicated personal injury attorneys are here to provide expert representation.

Call or text聽(212) 540-2987聽or complete a聽Free Case Evaluation form

The post Who鈥檚 Responsible in Medical Malpractice Lawsuits? appeared first on New York Personal Injury Lawyers.

Individuals who have suffered from medical malpractice, due to misdiagnosis, surgical error, ER error or other forms of negligence while under medical care, it鈥檚 important to consult with an experienced negligence lawyer about your case.

Medical malpractice is when a doctor or other medical personnel neglect a patient willfully or by omission, which results in the harm or damage of the patient being cared for. Some forms of negligence include errors in treatment, diagnosis or the management of an illness. When harm comes to a patient because of these errors, a medical malpractice case can be filed against the doctor or other health care providers responsible for the injuries incurred. A case can also be filed against the hospital due to improper care, sanitation, nurse care or medication issues; or against the federal, state or local agencies that are responsible for the operations within a hospital and its facilities.

In order to help protect the rights of patients, medical malpractice laws were designed and implemented in states across the nation. In these laws, patients who are neglected have the right to be compensated for injuries caused by the negligence of hospitals and its employees. Because malpractice cases can be difficult to understand and expensive, it is recommended that a medical malpractice attorney be consulted and hired. You can speak with an experienced malpractice attorney at 91原创视频amp; Aspromonte LLP Associates in New York, NY to find out if your case is worth pursuing.

• Medical Malpractice 鈥� An Overview
• Understanding Informed Consent
• Responsible Parties in Medical Malpractice Actions
• Proving Your Case 鈥� Causation
• Damages in Medical Malpractice Cases
• Frequently Asked Questions About Medical Malpractice

The attorneys at 91原创视频amp; Aspromonte LLP have successfully handled numerous medical malpractice cases for clients throughout the New York City metropolitan area. No matter how difficult and complex the case, we are prepared to handle it.

What Are the Theories of Liability Associated with Medical Malpractice Cases?

There are three theories associated with liability in malpractice cases and those are negligence, breach of contract or warranty and failure to obtain informed consent.

For a free legal consultation, call聽(212) 732-2929

Negligence in Malpractice Cases

A lot of the medical malpractice cases brought to the court today are based on the theory of negligence. This is when a medical professional is negligent to a patient he or she is caring for. The negligence must be proven to be the cause of the patient鈥檚 injury. Here is the evidence needed to build a case:

• Proof that there was a doctor/patient relationship between the defendant and the plaintiff
• Proof that the medical professional didn鈥檛 provide sufficient care within the standards for the procedure, which in turn indicates a breach of duty owed to the plaintiff
• Proof of a causal connection between the plaintiff鈥檚 injuries and the negligence of the health care professional.
• Proof that the patient was harmed or injured

Establishing the standard of care provided by the health care professional is important in a medical malpractice case. In order to prove a health care professional guilty of the claims, proof has to be given that his or her conduct was below the acceptable standards for health care. An expert testimony is needed to establish what the medical standard of care is for that particular case and whether it was abided by or deviated from. Some cases have a violation of medical care standards that is obvious to the average person and don鈥檛 require an expert testimony.

It can be rather hard to establish other elements of a malpractice case, such as the actions and causation. It鈥檚 required that the plaintiff prove that his or her medical provider deviated from the applicable standard of care and it causes his or her harm or injury. This can sometimes be a challenge when there are other possible causes that may have played a role in the plaintiff鈥檚 injury.

Failure to Obtain Informed Consent

Before a patient is provided medical treatments or therapies, it鈥檚 required that the medical professional inform the patient of the benefits, risks and alternatives. Then written consent is needed from the patient, which is known as an informed consent. The procedure or treatment shouldn鈥檛 be started until informed consent is obtained. When this rule is broken, there are grounds for the patient to file a medical malpractice lawsuit.

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Breach of Contract or Warranty

It鈥檚 rare for a doctor to promise certain results for a treatment or procedure that he or she provides, but there are some instances where they do. Then when the results fail to meet the promised outcome, legal action can be taken. This is known as a breach of warranty or contract. For instance, a surgeon may promise a patient a certain result for plastic surgery. This can be easily judged by looking at the patient, compared to other procedures. If the patient isn鈥檛 satisfied with the results, and the physician guaranteed or warranted a specific outcome, then the patient can recover damages with the theory of a breached contract or warranty.

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Who Can be at Fault of Medical Malpractice?

Doctors and nurses aren鈥檛 the only medical personnel who can become a defendant in a medical malpractice case. Other health professionals that can be sued for malpractice include dentists, technicians, surgeons and other hospital employees. In some cases when a hospital employee is at fault, the hospital can be sued because under the 鈥渞espondeat superior鈥� legal doctrine, it can be held liable for its workers who were acting within the scope of his or her position when the omission or neglect took place. This doctrine helps to ensure that financial obligations are given to a responsible party that can compensate a plaintiff who has been injured.

Contact an Experienced Malpractice Attorney

Keep in mind that there are no guarantees for medical results. If a surgery or procedure didn鈥檛 go as expected, this doesn鈥檛 mean that you have grounds for a medical malpractice case. However, if you feel that you are a victim of medical malpractice, you can consult with an experienced lawyer at 91原创视频amp; Aspromonte LLP Associates in New York, NY.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Our attorneys bring years of experience to cases involving car and construction accidents, severe injuries, wrongful death, and numerous other types of personal injury.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

The post Basic Information About Medical Malpractice appeared first on New York Personal Injury Lawyers.

Many people ask, how much time do they have to start a lawsuit when they have been injured in an accident or as the result of medical malpractice?

First of all, if you are injured in an accident, you must first seek medical attention. After that, you should call a lawyer who is experienced in accident and injury cases.

To answer the question, all lawsuits have a time limit in which you must start the lawsuit, and when that time limit has expired, you can no longer sue. This is called a statute of limitations. In a negligence case such as a motor vehicle accident or slip and fall case, the general time limit in New York State is three years from the date of the accident. After three years, you can no longer sue to recover for your injuries no matter how severe they are. In many cases, the time limit is shorter. For example, if your lawsuit is against the City of New York, the general time to sue is limited to only one year and ninety days after the accident. In cases against the City of New York, there is another requirement and that is that in order to be permitted to start a lawsuit within the one-year and ninety-day period, you must first file a notice of claim within ninety days after the accident.

Different types of accident lawsuits , including those for construction accidents, have varying time limits depending on who is being sued. For example, a medical malpractice case against a private doctor or hospital has a two and a-half-year time limit from the time of the malpractice or the date of the last continuous treatment after the malpractice, but the same case against a New York City hospital facility has the one year and 90-day time limit. On the other hand, a wrongful death case against a private person or entity and the City of New York, each have the same two-year limit. Some time limits are even shorter, such as an intentional assault case which has a one-year limit.

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There are many exceptions to these limits. For instance, there may be a toll of the time limit. A tolling is a period when the time to sue temporarily stops running. The most common toll is for a child. It is called the toll of infancy. In New York State, a person is an infant until they reach the age of 18 years. In聽medical malpractice聽cases, the tolling for infancy is 10 years from the time of the malpractice or the last continuous treatment after the malpractice, or two and a half years after the infant reaches the age of 18, whichever is shorter.

There are many other requirements. For example, in order to start a wrongful death lawsuit, a representative of the estate, called an administrator, must be appointed. It is the administrator that has the authority to start the lawsuit. In a wrongful death lawsuit against the City of New York, the time for the filing of the notice of claim is stayed until the administrator is appointed for the estate, but the lawsuit must still be started within two years of the death of the decedent.

As you can see, there are so many different types of limits restricting lawsuits that it is always best to contact a lawyer who specializes in this area of law as soon as possible or you run the risk of losing your right to recover compensation for your injuries.

产测听Sal Aspromonte

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

The post How Much Time Do I Have to Start a Lawsuit? appeared first on New York Personal Injury Lawyers.

New York Has No Cap on Medical Malpractice Awards

Fortunately,聽medical malpractice in New York聽does not have a cap, either overall or with regard to non-economic damages. Instead, the judge or jury is free to make an award based on the circumstances of each case. Factors that impact a plaintiff鈥檚 settlement can include physicians鈥� degree of egregious negligence and how severely the actions affected the victim.

With the right medical malpractice attorney, that means an excellent chance of receiving a fair recovery for both economic and non-economic damages.

Economic damages are actual financial costs. Some of the most common include:

• Lost wages
• Ongoing medical expenses
• Cost of accommodations, such as modifications to a home to make it wheelchair accessible

Non-economic damages are intended to compensate the victim鈥攐r, in the case of a wrongful death claim, the victim鈥檚 family鈥攆or intangible yet very real losses. The most commonly recognized of these is 鈥減ain and suffering.鈥� It is these non-economic damages that states most often cap, frequently at $250,000.

For a free legal consultation, call聽(212) 540-2984

The Damaging Impact of Damages Caps

In states that have imposed caps, the impact on a person who has been injured as a result of medical malpractice or a family who has lost a loved one to malpractice can be devastating. Just last month, a Maryland jury awarded $10 million to a widowed mother of eight after determining that negligent administration of a medication had caused her husband鈥檚 extremely painful death.

Maryland鈥檚 medical malpractice cap resulted in the award being reduced by more than 90%, to $906,250.

Medical Malpractice Attorneys Can Protect Victims鈥� Rights in New York

In addition to caps on the damages a medical malpractice victim (or the victim鈥檚 family in a wrongful death case based on medical malpractice) may recover, states create many obstacles for those who have been harmed by negligent physicians, hospitals or other medical providers.

In some states, those unfavorable conditions result in the vast majority of medical malpractice claims being lost or dismissed, with many others never filed due to the hostile environment for medical malpractice victims.

Without the limitation of medical malpractice caps, the medical malpractice attorneys at 91原创视频amp; Aspromonte Associates LLP have been able to obtain very favorable settlements and verdicts for clients injured by a medical professional鈥檚 negligence, including:

• A $50 million settlement for a child who required extensive rehabilitation after having received an overdose of anesthetic during routine surgery to repair a droopy eyelid;
• $2.75 million settlement for a man who lost his lower leg after medical providers failed to diagnose compartment syndrome following a gunshot wound; and
• $7.55 million for a sanitation worker whose injuries proved fatal after treatment was unreasonably delayed.

If you have been injured, your injuries complicated or your recovery delayed by the negligence of a medical professional or medical facility, or if you have lost a loved one to medical malpractice,聽contact us聽as soon as possible to learn more about how we can help you get the compensation you deserve.

Our experienced personal injury attorneys assist clients with car accidents, construction accidents, severe injuries, wrongful death, and other challenging cases.

Call or text聽(212) 540-2984聽or complete a聽Free Case Evaluation form

The post New York Medical Malpractice Victims Have Greater Protections appeared first on New York Personal Injury Lawyers.

At 91原创视频amp; Aspromonte Associates LLP, our lawyers excel at handling complex cases involving medical malpractice and failure to diagnose in Manhattan, Brooklyn, the Bronx and Queens, on Staten Island and Long Island or anywhere in New York. Over the past 35 years, our attorneys have recovered hundreds of millions of dollars in compensation for our clients. If a medical professional鈥檚 failure to recognize stroke symptoms has had a devastating impact on your life,聽contact our law firm聽today.

Symptoms of Stroke

Medical professionals must treat patients in accordance with the accepted medical聽standards of the community in which they practice. If a doctor fails to diagnose a life-threatening condition despite observable symptoms that a competent medical professional should recognize, he or she may be guilty of malpractice.

Symptoms of stroke may include:

• Difficulty walking
• Difficulty repeating a sentence
• Inability to raise both hands over your head
• Paralysis or numbness in a particular area of your body
• Blurred or darkened vision
• Severe headache
• Difficulty smiling
• A tongue that goes to one side or the other when you stick it out

If treated promptly, stroke victims have a high rate of complete recovery. Unnecessary delay can render the damage irreversible.

For a free legal consultation, call聽(212) 540-2984

New York Medical Error Attorneys

Serving Manhattan, the Bronx, Brooklyn, Queens, Staten Island and the NYC Metro Area

If you or a loved one has been injured due to stroke misdiagnosis, our lawyers are here to help.聽Contact us聽today online or by telephone at聽212-540-2984聽to speak with one of our experienced New York聽 Stroke Misdiagnosis Attorneys.

We鈥檙e committed to helping personal injury victims in cases ranging from car and construction accidents to severe injuries, wrongful death, and a variety of other claims

Call or text聽(212) 540-2984聽or complete a聽Free Case Evaluation form

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