While hospitals are often able to treat patients efficiently and effectively, some patients suffer additional or worsened medical injuries during the course of their stay at the hospital. These patients may be able to file a claim for compensation against the medical facility that harmed them.

The Suffolk County hospital error lawyers at Silberstein, Awad & Miklos, P.C. have advocated for hundreds of victims of medical malpractice and could vouch for your legal right to compensation as well. We have won a total of $1 billion dollars for our clients and could assess the value of your case to fight for its total worth.

We can combat the doctors and administration that have denied and fought back against your allegations with our team of medical experts. We can also support your case without upfront payment, working on only a contingency fee.

Patients who suffered because the hospital and its staff made preventable errors should consult with a qualified medical malpractice attorney to hold them accountable. Reach out to us to learn more about your legal rights and options.

Common Hospital Errors

According to the Institute of Medicine, hospital errors occur between approximately three and four percent of hospital admissions, with between 10 and 15 percent of those errors causing a fatality. Hospital errors cover a wide-range of mistakes that can happen anywhere in an in-patient facility. Some errors may cause a patient’s condition to worsen and other can prove fatal.

Common hospital errors include:

  • Medication-related mistakes (given to the wrong patient, wrong amount, given at the wrong time, or administered by the wrong route)
  • Hospital-acquired infections
  • Blood clots
  • Surgical errors
  • Diagnostic errors
  • Wrong patient errors

Who is Liable for Hospital Errors?

Hospital error lawsuits can be complex depending on the circumstances and the number of parties involved. An experienced hospital error lawyer in Suffolk County could make this process easier on the victim by determining who should be held accountable for their injuries.

Vicarious Liability

In many hospital error cases, an attorney could name the hospital itself as a defendant in the suit. Due to the legal concept of vicarious liability, the hospital is liable for the actions of its employees. However, for vicarious liability to apply, the employee must not be acting with intentional malice and must be working within the scope of their employment.

Joint Liability

New York Civil Practice & Law Rules §1601 addresses situations in which multiple defendants are found liable for damages to the plaintiff. The jury will determine which defendants are liable and the percentage of damages they will pay to the plaintiff.

A plaintiff may be able to claim both economic and non-economic damages. These damages may include:

  • Hospital expenses
  • Prescriptions
  • Lost wages
  • Travel expenses
  • Pain and suffering
  • Emotional anguish
  • Loss of consortium

Plaintiff Liability in Hospital Errors

Depending on the circumstances, plaintiffs can be assigned liability for their damages. They may be found partially responsible if they withheld important medical information, did not follow medical advice, or did not report serious symptoms in a timely matter.

As per New York Civil Practice Law & Rules §1411, if the jury finds a plaintiff liable, they will be assigned a percentage of fault as well. The plaintiff’s award for damages will be reduced by that percentage accordingly. Hospital error victims should discuss with a Suffolk County hospital error attorney about how they may have played a role in their injuries and how they can prevent their own fault from being using against them.

How a Suffolk County Hospital Error Attorney Can Help

A seasoned Suffolk County hospital error lawyer could assist in several ways after an injury. They could file your case within the set statute of limitations, determine who may be liable, and assess what damage types and amounts you could claim.

At Silberstein, Awad & Miklos, P.C., we have the knowledge and experience to handle your case efficiently and effectively. We have a reputation across the state and nation that allows us to consult with reputable medical experts and work closely with prosecutors.

Let us handle all of the legal details of your case while you recover from your injuries. Call, email, or stop by for an in-person consultation to discuss your case and begin crafting a strong case against the hospital that harmed you.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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