About Medical Malpractice in Buffalo, Eden,Jamestown and Dunkirk, NY

What is medical malpractice?

If you have been injured as a result of the negligence of a medical professional, you may have grounds for a medical malpractice lawsuit. Examples of medical malpractice injuries include: misdiagnosis, unnecessary procedures, removing the wrong organ, leaving surgical instruments in the body, improper medication, etc. If it can be shown that a medical professional did not exercise a reasonable standard of care, that person, or the medical facility involved, can be held liable for resulting damages. The standard of care is established based on what another competent medical professional (surgeon, doctor, anesthesiologist, nurse, nursing home attendant, etc.) would have done under the same circumstances. For more information regarding types of medical malpractice, contact one of our practice locations in Buffalo, Eden, Jamestown and Dunkirk.

Are medical malpractice claims difficult to win?

Unfortunately, medical malpractice can be hard to prove, as the patient is often unaware of what has transpired. For example, a patient undergoing major surgery may be under general anesthesia. Medical professionals are responsible for keeping records of what transpires while they are administering treatment, and they may not report something that could be used against them later. The patient may have no idea that anything went wrong until he or she experiences symptoms after the fact.

In some circumstances, a medical malpractice lawyer may seek to invoke the "res ipsa loquitur" doctrine. This Latin phrase literally means, "The thing speaks for itself." This doctrine can be used when there is an injury to a patient that would not have occurred unless there was negligence on the part of his or her health provider. An example of this is when a surgical instrument is left inside of a patient. In such a situation, the victim does not have to prove that the surgeon or assistant left the instrument in their body (unless he or she had other internal operations in the same area). Once the doctrine is invoked, the burden of proof shifts to the health provider to show that they did not cause the injury. To learn more about the viability of your medical malpractice case, consult with The Law Offices of Campbell & Shelton, LLP, now handling medical malpractice litigation in Buffalo, Dunkirk, Jamestown and Eden, NY.

Are medical malpractice lawsuits expensive?

Medical malpractice cases can be very costly. One's lawyer must acquire and review all relevant medical records. Expert witnesses must be hired to testify that the accused health provider did not adhere to a satisfactory standard of care. Medical examinations and tests may have to be administered, and more experts may be needed to determine the long-term effects of the injuries suffered. A medical malpractice lawsuit can be a daunting prospect, and hiring the right medical malpractice lawyer is the first, and most important, step in the process. Contact one of our practice locations in Dunkirk, Eden, Jamestown and Buffalo, to schedule a consultation regarding your medical malpractice case.