If you or a loved one has been injured due to a medical professional’s error in judgment, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys have the experience and determination that is needed to handle your case. You can rest assured that we can scrutinize the facts of your case and inform you of your legal rights and options.
In New York, medical malpractice is negligence on the part of a doctor or another health care provider. Negligence is defined as a failure of the doctor or health care provider to use reasonable care under the circumstances, thereby causing injuries or death to a patient. In other words, medical malpractice occurs when a medical professional causes harm by deviating from the accepted standard of care expected in that particular situation. The standard of care will vary from case to case depending on a number of factors, such as the patient’s age and medical history.
Damages in a medical malpractice case are designed to make a victim “whole again” by providing compensation for losses. In a New York medical malpractice case, the plaintiff is typically eligible for two types of compensation: economic and non-economic. Economic damages are awarded to compensate the injured patient for losses resulting from the defendant’s negligence. Economic damages typically include things like medical expenses, lost wages, loss of earning capacity, and rehabilitation costs. Non-economic damages, on the other hand, compensate an injured patient for losses that are intangible or harder to quantify through a dollar amount, such as pain and suffering.