An act of malpractice happens when a medical professional fails to exercise the appropriate degree of care and skill, thereby causing harm to a patient. Malpractice can occur in any professional discipline, including the practice of dentistry. A misdiagnosis is one of the most common situations in which dental or other medical malpractice claims arise, potentially affecting thousands of Greater New York residents each year. If you need advice about a possible medical or dental malpractice case arising from a misdiagnosis, experienced Rockland County medical malpractice lawyer Valerie J. Crown can help.
Our mission is to protect the rights of victims against those who have harmed them and seek justice on their behalf. We combine the individualized attention of a small firm with the resources of a larger firm, and we gain personal satisfaction from guiding our clients through each phase of the legal process. Valerie can be reached through her cell phone at 845.598.8253 whenever you need to discuss your situation with her. We are proud to offer 24/7 availability to our clients.
Proving the Elements of a Misdiagnosis Claim in New YorkIn determining whether a patient may be entitled to compensation for dental or medical malpractice, the burden of proof is on the patient to prove each element of a negligence claim, beginning with the existence of a dentist-patient or doctor-patient relationship. Other elements of a case arising from a misdiagnosis include the standard of care that a reasonably skilled, competent dentist or doctor would have exercised under the circumstances, as well as a breach of this duty, the harm that resulted to the patient, and a causal relationship between the health care provider’s breach of duty and the patient’s harm.
The elements of a medical or dental malpractice case pertaining to the standard of care and the defendant’s alleged breach of this standard require expert testimony, usually from another health care provider in the same specialty as the defendant. This is because a jury of laypeople probably would not be able to understand what the defendant did wrong and how this harmed the patient without guidance from someone who has been trained in the appropriate area. A capable dental or medical malpractice attorney can help a patient enlist an appropriate expert to evaluate his or her case and to testify in court, should the matter proceed to trial.
If a patient is able to prove that his or her dentist or doctor departed from the accepted practices in the profession, he or she may be able to recover compensation for pain and suffering, medical or dental expenses arising from the negligent conduct, and any lost wages due to the injuries caused by the malpractice. In the event that an act of medical or dental malpractice results in a patient’s death, the personal representative of the patient’s estate may be able to bring a wrongful death claim and seek damages such as loss of support, loss of services, and the loss of the decedent’s earnings.
Under the New York statute of limitations for medical and dental malpractice claims, patients have a limited time during which they may take legal action. Claims that are not timely filed are barred in most cases, regardless of the severity of harm that befell the patient. Hence, it is critically important that people who believe that they may have been harmed by professional negligence contact an attorney to review their case as soon as possible.
Discuss Your Medical or Dental Malpractice Case With a Rockland County LawyerAt the Law Firm of Valerie J. Crown, we protect the legal rights of victims who have been injured by dental or medical malpractice, as well as families who have lost loved ones to professional negligence. To schedule a free consultation with a knowledgeable Rockland County dental malpractice attorney, call us at 845.708.5900 or contact us online. You can also call Valerie’s cell phone at 845.598.8253. She assists victims who need an injury attorney in many areas of Greater New York, including Rockland, Westchester, Dutchess, Ulster, and Orange Counties, as well as New York City.