When a surgeon makes an error, it can cost a patient his or her life. If you or someone close to you has been hurt by a surgeon’s malpractice, you may be eligible to recover damages for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse medical malpractice attorneys can meticulously evaluate your case and advise you accordingly.
A Harvard study found that surgeons who behave badly, such as by yelling, snapping, intimidating, or belittling colleagues, are more likely to face medical malpractice claims. Researchers examined evaluations of surgeon behavior from peers, supervisors, trainers, coworkers, and others with malpractice history for surgeons from four academic medical centers. They used survey data for 264 surgeons from 2012 to 2013 and matched it to malpractice data spanning from 2000 to 2015.
The study found that surgeon behavior was linked to malpractice claims. Surgeons who showed multiple positive behaviors, according to the reviews, had less chance of being hit with malpractice claims, while negative behaviors, on the other hand, were associated with a higher likelihood of malpractice claims. These findings highlight the importance of teamwork and communication in exposure to malpractice.
Sadly, bad behavior among physicians is quite common. In 2011, NPR reported that more than 2 in 3 U.S. doctors witness other physicians disrupting patient care or collegial relationships at least once a month. And more than 1 in 10 say they see it every day. The survey that revealed this data involved a total of 840 doctors.
In New York, medical malpractice takes place when a medical professional causes injuries by violating the appropriate standard of care. The standard of care is based on a variety of factors, including the patient’s age, medical condition, and medical history. In order to win a malpractice case, you will need to establish the following elements: i) you were under the care of a physician; ii) in the course of your care, the medical professional failed to adhere to the standard of care; and iii) you became injured, ill, or worsened in condition as a direct result of the medical professional’s failure to follow the standard of care.
Once medical malpractice is established, the plaintiff may be able to recover a variety of economic and non-economic damages. Economic damages compensate a victim of medical malpractice for things such as medical costs, lost wages, and rehabilitation costs. Non-economic damages compensate a plaintiff for things like pain and suffering. In rare cases, a plaintiff may be entitled to punitive damages. These types of damages are only available in cases in which it can be shown that a medical professional acted recklessly (i.e., with malice or fraud).
Surgery is a scary time for most people. If you believe that you have been injured by a surgeon’s malpractice, you need to consult a seasoned Syracuse surgical malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to navigate complex New York malpractice claims. To learn more about your legal options, call us at 315-479-9000 or contact us online.
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