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When you go to the emergency room, you expect to receive a correct diagnosis and prompt treatment. That is not always what happens, however. Negligence on the part of any member of your care team can leave you struggling with a worsening condition and could even put your life at risk.   

If you have sustained losses because of a medical professional’s negligent conduct, you may be able to pursue a personal injury claim. Learn more about what medical malpractice is and what the process of filing a lawsuit can mean.  

Understanding Medical Malpractice 

Medical malpractice occurs when a medical professional fails to offer care that meets the expected standard, resulting in injuries to the patient. It requires demonstrating that the professional owed you a duty of care and that another professional would not have made the same error.  

There are a number of common types of medical malpractice, including: 

• Medication errors 
• Misdiagnosis or delayed diagnosis 
• Surgical errors 
• Failure to treat an infection 
• Birth injuries 

Errors can occur in emergency rooms. They can involve nurses or doctors administering the wrong medications or not checking patient histories to ensure that any procedure or drug is safe for them to take. Not getting prompt treatment is a problem, too, as is the failure to consult with a specialist.  

Keep in mind that not every injury that occurs in a medical setting is a result of malpractice. Some injuries are not preventable. To be able to file a claim, the mistake must have been one that another professional would not have made.  

Filing a Medical Malpractice Claim in New York 

If you have suffered losses in an emergency room because of medical negligence, you will need to act quickly. New York allows you two years and six months to file a claim. The clock starts ticking from the moment that the negligence occurs or from the last day of continuous treatment that you received from the party you’re planning on suing.  

There are some exceptions to this, so it’s essential that you quickly hire medical malpractice lawyers to begin the lawsuit. If you don’t file on time, you will lose all right to recover losses.  

There are many reasons why you will need assistance from an attorney, aside from navigating time limits. You also must present a certificate of merit, which is a document in which a medical professional states that your claim is valid. Most people don’t have access to expert witnesses who can provide this document, but a lawyer does.  

Your lawyer will also have an idea of what evidence can have the most impact on the claim. They will investigate the malpractice and collect information that could include your medical records, intake forms, and a variety of other data.  

With this information, your lawyers can begin calculating the damages that you may be entitled to and begin the process of negotiating with insurance companies. One important thing to remember is that New York allows you to sue a hospital if you suffered malpractice, even if the liable party is not a hospital employee.  

That does mean, however, that you will need to negotiate with large hospital insurance companies that will pursue all manner of tactics to minimize your claim or get you to drop it altogether. With a lawyer, you have an advocate who will aggressively negotiate on your behalf.  

Damages Available in Medical Malpractice Cases 

You can receive economic and non-economic damages. The former refers to losses that are financial and will cover medical expenses and lost wages. If the injuries you sustain are severe enough to prevent you from working, then you can also receive compensation for loss of earning potential.  

Non-economic damages compensate you for losses that don’t come with a price tag. Pain and suffering, as well as loss of enjoyment of life, are part of these. Additionally, if a loved one dies because of an emergency room error, it may be possible to receive damages for loss of support and companionship, which is called loss of consortium.  

Consult a Medical Malpractice Lawyer at Silberstein and Miklos 

If you suffered an injury in an emergency room because of medical negligence, filing a lawsuit can help you recover your losses. At Silberstein and Miklos, we provide the ongoing legal support you need as you navigate the process of filing a lawsuit.  

After suffering an injury, remember to Ask4Sam to get the experienced representation you deserve. Contact us for a consultation.