Medical Malpractice

In the Bronx and throughout New York City, the attorneys at the Law Office of William A. Gallina, PLLC seeks the maximum recovery for victims of medical malpractice due to a doctor's substandard performance or failure to obtain informed consent before treating.

Failing to Meet the Standard of Care

Doctors and other health care professionals are held to a standard that reflects the level of education and training they have had and the standard of care which is expected in the community. When they fail to meet that standard, whether though negligence, recklessness or just plain incompetence, they may be liable for the damages caused in a medical malpractice lawsuit. Medical malpractice can apply not only to the primary physician, but also to anesthesiologists, nurses, and others in the medical field. Hospitals may also be liable for the negligence of their employees, although the question of whether a doctor is an employee of a hospital or an independent contractor with privileges can be a complicated matter.

Instances of medical malpractice may be more prevalent than you think. Common examples of medical malpractice include:

• Performing surgery on the wrong body part/wrong side of the body
• Performing the surgery or procedure on the wrong patient
• Leaving a foreign object in the patient after surgery (clamps, sponges)
• Misreading the patient's chart
• Misdiagnosis
• Failure to diagnose
• Improper course of treatment
• Failure to treat a condition
• Prescribing the wrong medication
• Administering the wrong medication
• Birth injuries
• Negligent monitoring of fetal health

Medical Malpractice and the Lack of Informed Consent

Many medical procedures do carry with them some degree of risk, and as patients we decide whether the benefit of the procedure outweighs the potential risks. When we agree to a procedure, we are consenting to the possibility of side effects or negative outcomes that may also result, but only to the extent that these risks were explained to us ahead of time. This is the doctrine of informed consent. If the doctor does not adequately explain the risks ahead of time, there is no informed consent, or if the procedure goes beyond the bounds of what was explained, there is no informed consent. Performing a procedure without the informed consent of the patient, or going beyond the bounds of what the patient consented to, are types of medical malpractice, and the health care professional can be held liable for any injuries that result.

Experienced Lawyers for Complicated Cases

A medical malpractice case is more complex and highly specialized than a typical negligence or personal injury lawsuit. Medical expert testimony is required, and skill on the lawyer's part is further required to make sure that testimony is clearly understood by the jury. Our lawyers have decades of experience handling complicated medical malpractice cases in the courts throughout New York City. If you or a loved one has been injured due to the negligence or incompetence of a doctor or other medical professional, contact the Law Office of William A. Gallina, PLLC for a free consultation.