Medical professionals are trusted to provide patients with the appropriate care and treatment they need. Unfortunately, mistakes and negligence can occur in the medical field, leading to potentially life-altering consequences for patients. When patients suffer harm due to medical errors or negligence, they may have grounds for a medical malpractice claim in Kingston, Ulster County, NY. Pursuing a medical malpractice case can be highly complex, underscoring the importance of an experienced personal injury attorney’s guidance.

O’Connor & Partners PLLC is a team of dedicated attorneys committed to guiding medical malpractice victims through the legal process in Kingston, Ulster County, NY. Our passion and expertise ensure that victims and their families have the support they need to seek the financial compensation and peace of mind they deserve.

If you or a loved one believe you have been a victim of medical malpractice, read on as we share with you the basics of getting your medical malpractice claims.

1. Understanding Medical Malpractice: Identifying the Elements for a Successful Claim

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or harm to the patient. To prevail in a medical malpractice claim, a victim must prove the following:

– Duty of Care: The healthcare provider had a professional relationship with the patient and a duty to provide a reasonable level of care.

– Breach of Duty: The healthcare provider breached this duty by failing to adhere to the accepted standard of care, such as making an error in diagnosis or treatment.

– Causation: The healthcare provider’s actions (or inaction) directly caused the patient’s injuries or harm.

– Damages: The patient suffered quantifiable damages, such as additional medical expenses, lost wages, or pain and suffering.

Proving these elements in a medical malpractice case can be challenging and often requires the support and expertise of a knowledgeable personal injury attorney.

2. Common Types of Medical Malpractice and Their Impact on Patients

There are numerous types of medical malpractice, each of which can have severe consequences for patients. Some common forms include:

– Misdiagnosis or Delayed Diagnosis: When healthcare providers fail to timely diagnose a condition or provide an incorrect diagnosis, patients may suffer harm from delayed or inappropriate treatments.

– Surgical Errors: Mistakes during surgery, such as operating on the wrong site, leaving instruments inside the patient’s body, or causing damage to internal organs, can have life-threatening consequences.

– Medication Errors: Prescribing the wrong medication, incorrect dosage, or drug interactions can result in severe side effects, worsening of the patient’s condition, or even death.

– Anesthesia Errors: Improper administration of anesthesia, failure to evaluate a patient’s medical history for risk factors, or inadequate monitoring during surgery can have devastating effects.

Medical malpractice claims can be emotionally and financially draining for victims, emphasizing the importance of understanding their legal options and the support of a skilled attorney.

3. Legal Rights of Medical Malpractice Victims and Available Compensation

Patients who have suffered harm due to medical malpractice in Kingston, Ulster County, NY, have the right to seek compensation for damages related to the malpractice. Depending on the specifics of the case, potential compensation may include:

– Medical Expenses: Victims can seek compensation for additional medical costs incurred due to the malpractice, such as surgeries, therapy, medications, and ongoing care.

– Lost Wages and Earning Capacity: Patients who have lost income or future earning capacity due to prolonged treatment or permanent injuries can seek compensation for these losses.

– Pain and Suffering: Compensation for the physical pain, emotional anguish, and diminished quality of life resulting from the malpractice may be awarded.

– Loss of Consortium or Companionship: Spouses and family members may be eligible for compensation for the loss of support, companionship, or affection resulting from the victim’s injuries.

Pursuing a medical malpractice claim can be complex, and a skilled personal injury attorney can assist in assessing the claim’s value and obtaining the appropriate compensation.

4. The Crucial Role of a Skilled Personal Injury Attorney in Medical Malpractice Cases

Medical malpractice claims often involve intricate legal and medical matters, making the guidance of an experienced personal injury attorney invaluable. Some benefits of working with an attorney in Kingston, Ulster County, NY, include:

– Case Evaluation: An attorney can review your case’s facts and help you determine its viability and potential value.

– Medical Expert Selection: Establishing the standard of care and its breach often requires the testimony of expert witnesses. A skilled attorney can help identify and secure the right experts for your case.

– Negotiation: Skilled attorneys can negotiate on your behalf with insurance companies, ensuring a fair and just settlement is reached.

– Trial Representation: If a settlement is not possible, an attorney will represent you during trial proceedings, advocating for the best possible outcome.

Collaborating with an experienced personal injury attorney significantly improves the odds of success in medical malpractice cases, helping victims secure the compensation they need for a better future.


Dealing with the aftermath of medical malpractice can be daunting and distressing, but understanding your legal rights and the process of filing a claim is an essential step towards recovery. By partnering with an experienced personal injury attorney, you enhance your chances of successfully navigating this complex area of law and achieving the financial compensation vital for your healing.

If you or a loved one believe you have been a victim of medical malpractice in Kingston, Ulster County, NY, trust the dedicated attorneys at O’Connor & Partners PLLC to provide the support and guidance you need. Contact our best accident attorney specializing in medical malpractice today for a free consultation to discuss your case and let us help you on the road to justice and recovery.

by O'Connor & Partners, PLLC
Published on

Posted in: Medical Malpractice