It is estimated that 20 million Americans experience sleep apnea. If you have experienced an injury related to sleep apnea misdiagnosis or substandard treatment, you might be able to recover compensation for your injury. Our Syracuse medical malpractice lawyers will investigate your claim with compassion and assist you get the answers you deserve. These cases are very tricky but having skill legal counsel on your side can make a big difference in your case.
What is Sleep Apnea?
Sleep apnea is defined as a possibly severe sleep condition in which the breathing recurrently stops and starts. It falls under two categories:
- Obstructive sleep apnea: this is the most common type and takes place when the throat muscles relax.
- Central sleep apnea: this takes place because the brain fails to send the right signs to the muscles that control an individual’s breathing.
Patients who suffer from sleep apnea have an increased risk of stroke, cardiovascular problems and complications during anesthesia. If left untreated, sleep apnea patients are at risk for serious, even life-threatening conditions.
Malpractice Related to Sleep Apnea
Doctors are trained to recognize the signs and symptoms of sleep apnea. If your sleep apnea was not diagnosed or treated properly, you may be able to recover compensation for your harm through a medical malpractice claim. Medical malpractice takes place when a doctor or other healthcare provider fails to perform standard duties like those with similar training or experience, resulting in harm to the patient. Not every adverse outcome is the result of medical malpractice. Rather, medical malpractice occurs when the doctor’s substandard care leads directly to patient harm. To win a medical malpractice claim, the plaintiff must establish the following: i) the doctor owed the patient a duty of care; ii) the doctor breached the duty of care owed to the patient; and ii) the doctor’s breach was a direct and proximate cause of the patient’s injury.
Statute of Limitations for New York Medical Malpractice Claims
Every state has a statute of limitations, which is a time period in which you can file a civil claim against an at-fault party for your harm, such as a doctor or a nurse. In New York, the statute of limitations for medical malpractice claims is two years and six months from the date of the negligent act or omission. If a plaintiff fails to file a medical malpractice claim in civil court during that time frame, he or she may permanently lose the right to compensation altogether. Thus, you should speak to an attorney as soon as you are even contemplating filing a claim.
Seasoned Syracuse Malpractice Lawyers
Medical errors related to sleep apnea can have potentially devastating consequences for a patient. If you or a loved one has been injured because of a sleep apnea misdiagnosis, missed diagnosis or surgical error, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced and extremely hard-working Syracuse medical malpractice attorneys understand how to analyze your case. To speak to a member of our team today, please call us at 315-479-9000 or contact us online.
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