The Law Office of William A. Gallina, P.L.L.C.
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Medical Malpractice

During a time of injury or illness, we put our trust and lives into our doctors’ hands.  We trust that their experience, training, and compassion will provide appropriate care with a positive outcome.  However, sometimes a physician or hospital will provide inadequate or inappropriate care, putting your health or life at risk.  When professional negligence occurs in the medical field, it is referred to as medical malpractice.  If a medical professional’s malpractice causes injury, disfigurement, infection, progression of illness, or even death, it’s important to know that you have rights.  You may be eligible to file a claim. Your claim can lead to monetary compensation for:

  • Physical Pain
  • Mental Anguish
  • Medical Bills
  • Past Lost Wages
  • Future Lost Wages

The process to file and secure compensation for medical malpractice can be complicated, so it’s crucial that your claim is investigated and prosecuted by a team of experienced professionals.  Rest assured, in the event of a medical error committed by your physician, his or her medical malpractice attorneys are ready to spring into action in his or her defense.  During a time of illness or medical injury brought about due to someone else’s incompetence, place your trust in our experienced attorneys.  Let us fight for you.  The medical malpractice attorneys at the Law Office of William A. Gallina in the Bronx are able to provide legal advice and help you decide if you have a medical malpractice claim, so that you can secure the compensation you deserve.

Who can file a medical malpractice claim?

To file a medical malpractice claim, a patient-physician relationship must be established between you and the physician or hospital.  Additionally, you must be able to prove that the care provided by the doctor or hospital’s employees fell below the accepted standard of care in the medical community.  Finally, you must be able to prove that the departure from the accepted standard of care was a substantial factor in causing your injuries.  Medical malpractice claims have shorter statutes of limitation than general negligence claims, so if you intend to file a medical malpractice claim it is imperative to contact a medical malpractice attorney immediately to investigate your rights. 

What are the categories for a medical malpractice claim?

Although a wide array of medical malpractice claims exist, the most common claims arise from negligent procedures, a failure to diagnose, and from lack of informed consent.

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Negligent Procedure

If your physician has decided on a surgical course of action to treat an illness or injury, you usually trust his or her judgment and have faith that the procedure will be performed competently.  Ultimately, when agreeing to a surgical procedure, you’re entrusting your care to a physician and surgical team.  While in their care, you have the right to expect that proper precautions are taken during your procedure, including:

  • Using Sanitary Equipment in a Sanitary Facility
  • Recommending the Appropriate Surgery
  • Performing the Surgery Correctly
  • Performing Surgery on the Correct Patient or Body Part
  • Providing Proper Anesthesia
  • Recovery of Surgical Tools
  • Providing Correct and Adequate Medication Post-Op
Although it seems like a qualified surgeon would follow all of the indications listed above, assumptions are proven wrong when a medical injury occurs due to a departure from the accepted standard of care. Usually a result of negligent planning, miscommunication, and/or incompetence, medical errors can result in botched surgeries with future complications.  If your surgeon’s negligence has resulted in injury or the need for additional surgeries, you may be able to file a malpractice claim with our Bronx negligence lawyers.  We will work with you, consult with experts in the field, examine records, and take every step possible to help you secure fair compensation for the physician’s negligence.  Additionally, if we find that the surgical facility or surgical staff at the hospital is at fault for providing subpar conditions, we will plot the best course of action to secure you the compensation you deserve.
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Negligent Failure to Diagnose

A common claim against a physician arises when he or she failed to diagnose a condition or illness that was readily discernable.  A commonly misdiagnosed illness is cancer, a disease in which early detection can make a drastic difference between life and death.  When entering into a patient-physician relationship, you’re entrusting your life to your doctor.  You expect scrupulous testing, in-depth research, and educated treatment options.  A delay in receiving proper treatment as a result of a misdiagnosis, incorrect treatment, or no treatment can cause unnecessary pain and suffering, and even allow aggressive illnesses to advance towards death.  Misdiagnosis, by itself, is not enough to succeed in a malpractice claim.  You must also prove that the misdiagnosis and resulting delay in treatment was a substantial factor in causing your injuries. 

Another circumstance for misdiagnosis may fall to either the laboratory technicians who performed certain tests or the manufacturers of certain testing machines that provided inaccurate results due to faulty equipment.  In those instances, the patient must prove that the faulty equipment or the wrong test results were a substantial factor in causing the injuries.   

The results of a misdiagnosis can substantially impact your life.  In some regards, misdiagnosis can alter your life forever, leading to a markedly different lifestyle requiring continued medical assistance.  The emotional, financial, and psychological costs of a life-altering medical error can never truly be replaced by monetary compensation.  However, fair compensation is the best remedy available in an attempt to make you or your family whole again.  The negligence attorneys at the Law Office of William A. Gallina will work with you to help determine if you have a failure to diagnosis claim.  If a valid claim is found, we will fight hard on your behalf to win the compensation you deserve.
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Lack of Informed Consent

Before your doctor can commence treatment, you are required to give consent.  Your physician must provide adequate information, so your consent is informed.  Certain details your physician must disclose include:

  • Who will be Performing the Actual Procedure
  • Details of the Procedure
  • Likely Risks of Procedure
  • Cost of Procedure
  • The Expected Results of the Procedure
  • Alternatives to the Procedure

In a case of lack of informed consent, a claimant must demonstrate that the practitioner failed to disclose the risks, benefits and alternatives to the procedure or treatment that a reasonably prudent practitioner would have disclosed.  Also, the claimant must prove that a reasonable person in the same position, if fully informed, would have elected not to undergo the procedure or treatment had he or she been fully informed.  Expert medical testimony is required to prove the insufficiency of the information disclosed to the claimant.  Once it is established that a claimant would not have consented to the treatment if reasonably informed, the claimant must also prove that he or she sustained injuries due to the disputed treatment.  Informed consent is not required during an emergency, as a physician cannot obtain informed consent from a patient who is unconscious or is otherwise unstable.  Nor is informed consent applicable to risks that are so commonly known that advanced disclosure by the medical provider is deemed unnecessary.

Medical Malpractice Verdicts & Settlements*

Below are some representative verdicts and settlements obtained by the medical malpractice attorneys at the Law Office of William A. Gallina, PLLC on behalf of clients in the Bronx and throughout New York City who suffered injuries due to medical malpractice:

  • A patient received a $750,000 settlement after a faulty knee replacement - New York, NY.
  • A hospital patient was awarded a $600,000 settlement after developing bed sores - Bronx, NY.
  • A nursing home resident was awarded $200,000 after falling and suffering from a fractured rib - Kings County, NY.

*Past results do not guarantee future outcomes.

Filing a medical malpractice claim requires proving that the physician or medical facility engaged in treatment that fell below the standard or care, causing you injury or illness.  Our Bronx medical malpractice attorneys will investigate your case and prepare a claim to help you receive fair compensation.  For more information on medical malpractice claims or to file a claim with our lawyers, contact the Law Office of William A. Gallina at 718-892-0400 or request a free consultation.

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