Welcome to
the Medical Malpractice webpage for The Law Offices of Scott C. Gottlieb
& Associates, LLP. We treat each client that comes
to our Elmira, N.Y. office with care and respect.
Medical malpractice is the result of a healthcare
provider's failure to provide the expected standard of
care. Unfortunately, some doctors cause harm through
their mistakes, ignorance, negligence, lack of skill
and misdiagnosis. By utilizing the best research and
the finest medical professions for evaluation, our law
office can qualify the merit of your case. We also
work with experts to help prepare your case.
Despite bringing health and hope to millions of U.S.
citizens every day, far too many Americans are inured
or killed due to medical mistakes. In November 1999,
the Institute of Medicine (IOM) released a report
estimating that as many as 98,000 patients die each
year as a result of medical errors in hospitals.
Compound this number with the unreported mistakes made
in other healthcare settings (physicians' offices,
urgent care centers, nursing homes, pharmacies and
home care) and the magnitude of medical malpractice
becomes staggering. In addition to the high costs of
medical mistakes in terms of lives and quality of
life, our nation pays an estimated $17 billion per
year in costs due to preventable errors.
In the state of New York, any medical malpractice
lawsuit must be brought within two and a half years
from the time of the malpractice, or within two and a
half years from the date of the last continuous
treatment for the condition that gave rise to the
lawsuit. However, foreign object cases may be brought
within one year from the date upon which the foreign
object is discovered. There are longer time limits for
cases involving children. Scott C. Gottlieb is
well-versed in our State law and New York's statute of
limitations regarding medical malpractice cases.
Legally, healthcare professionals are only required to
give a standard of care that is ordinary or normal.
When a physician is determined to be negligent, it
means that he or she has failed to use the same degree
of skill and learning, under the same or similar
circumstances, that are used by other members of the
medical profession. Some of the most common ways that
medical malpractice occurs is through failure or
errors in timely diagnosis and ordering appropriate
treatment, ordering necessary tests and proper
medication, consulting with specialists, and surgical
procedures. Although there are numerous types of
malpractice claims, here are the most common:
If
we are able to prove your medical
malpractice case and the medical provider is found
negligent, then you are entitled to recover
"money damages." Damages are intended to
help you return to the condition you were in prior to
the injury. There are several forms of damages that
you may recover in a medical malpractice award -
economic (for lost wages or medical expenses),
non-economic (for pain and suffering), or punitive
damages (to punish reckless behavior). You may also
receive compensation for future medical expenses and
loss of future earnings.
Medical malpractice claims are one of the most
difficult areas of litigation, since the negligent
action must be documented and proven within specific
guidelines. Only a skilled medical malpractice
attorney has the experience and resources to
thoroughly investigate and prosecute your case.
Experience Counts. Our overall goal is to establish
our office as the best office to hire if you want
compensation for your case. We base this on our
experience and past results.
We
can also help you with other legal problems that arise
while your case is pending.
Our philosophy is to provide quality legal
services while treating each client with care and
respect. If you feel that you or a loved one has
suffered because of a motor vehicle accident, call
us at 1-800-TALK-LAW (1-800-825-5529) or
contact us via our online contact
form. All calls and inquiries are responded to
the same day, usually within one hour. There is no
case-review cost.
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