A New York patient at Crouse hospital in Syracuse suffered a severe burn injury when an antiseptic applied to her skin started fire during her caesarian section delivery. The fire ignited when a medical device touched the alcohol-based topical antiseptic.
Luckily, the baby was born healthy. However, the mother suffered a seven-inch-long burn along her side. The injured patient sued the doctor and hospital for medical negligence, claiming the hospital and doctor breached their standard of care by failing to follow recommended procedures when applying the antiseptic to her skin.
The patient settled with the hospital for an undisclosed amount, but a jury cleared the doctor of medical malpractice.
Proving negligence in medical malpractice case
Doctors, nurses and hospitals are held to high standards of care when it comes to treating their patients. When a breach of that standard occurs, they are held accountable for the injuries caused by their medical negligence. To establish medical negligence, an injured patient must show:
- The doctor, nurse, hospital or other health care professional owed the patient a duty of care.
- The doctor, nurse, hospital or health care professional breached the applicable standard of care he or she owed the patient.
- The breach of the standard of care caused the patient’s injury.
- The patient suffered an injury as a result of the breach.
The most difficult element to prove in a medical malpractice claim is often that the health care professional breached the standard of care. Expert medical testimony is normally required to explain the applicable standard of care and also why the medical professional’s actions failed to meet that standard.
Contact an experienced medical malpractice attorney
Did your doctor fail to diagnose your medical condition? Did your surgeon operate on the wrong body part? Was a foreign object left in your body during surgery? These are all types of medical malpractice that could result in devastating injuries.
Victims of medical malpractice have the right to recover compensation for their injuries, including medical bills, pain and suffering and lost wages.
Family members, who have lost a loved one due to medical negligence, may also recover compensation for their loss, including medical expenses, funeral expenses and loss of companionship. While no amount of money will ever bring your loved one back, holding the negligent party accountable may mean that no one else suffers a similar injury or death. Contact an experienced New York medical malpractice attorney to learn your rights.