Often, medical professionals order unnecessary medical tests in an effort to reduce the chance of being sued for medical malpractice. Sadly, research shows that, many times, these tests do not actually help the patient in any way. If you or your loved one has been injured due to a medical professional’s mistake or error in judgment, you may have a valid malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse medical malpractice attorneys can evaluate the facts of your case and provide you with an honest assessment of your claim.Researchers from Duke and M.I.T. have discovered that the chance of a lawsuit increased the intensity of health care that patients received in the hospital by approximately 5 percent – and that patients who received such extra care did not actually benefit in any way.
The study examined what happened to the hospital care that military members received when a base closing forced them to use their benefits in regular hospitals where they could sue for malpractice if something went wrong. Spending on their health care increased, especially on extra diagnostic tests. In addition, the study found that even with military hospitals, family members who could sue tended to get more tests than those who could not sue. In essence, physicians change their behavior in response to liability considerations, even though that changed behavior does not result in better patient care.
Unfortunately, medical malpractice is a huge problem in the United States, and New York is no exception. In fact, medical malpractice is the third-leading cause of death in the country. According to data released by the National Practitioner Data Bank, New York ranked 30th in a state-by-state breakdown of medical malpractice lawsuits and payouts, arranged by most to least lawsuits filed per 100,000 residents. New York averaged 19.3 malpractice lawsuits per 100,000 residents.
In New York, medical malpractice occurs when a doctor, nurse, or other health care professional fails to care for someone in accordance with the accepted standard of the medical profession, and the patient is injured, becomes ill, or sees their illness worsen as a result.
The first step in bringing a claim of medical malpractice against a medical professional is making sure that you are allowed to do so. New York law mandates that a medical malpractice claim must be filed within two and half years from the date the cause of action accrues. This time limitation is known as the statute of limitations, and it imposes the legal deadline in which medical malpractice lawsuits must be filed in civil court.
Medical malpractice claims can be very complicated and time-consuming. If you or a loved one has been a victim of medical malpractice, you need to reach out to an experienced Syracuse medical malpractice attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can examine the facts of your case and help you figure out an appropriate course of action. With extensive experience in this area of law, you can trust that you are in good hands. For a free consultation, call us at 315-479-9000 or contact us online.
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Maternal Infection Malpractice in New York, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, July 30, 2018
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