Medical Malpractice Lawyers in New York
Understanding Medical Malpractice in New York: Types of Errors, Legal Process, and How Our Experienced Lawyers Can Help You Pursue Justice and Compensation for Your Injuries. 212-540-HURTFREE CONSULTATION
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, surgeon, or other medical provider, fails to provide the standard of care that a reasonably competent professional would have offered in a similar situation. This failure can result in injury, harm, or even death to the patient. If you or a loved one has been injured due to medical negligence, you may have the right to pursue a medical malpractice claim in New York.
In this section, we’ll explain what constitutes medical malpractice, common types of malpractice, how to pursue a claim in New York, and why it’s crucial to hire an experienced attorney to navigate the legal complexities of such cases.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider breaches their duty of care to a patient, and this breach causes injury or harm. The “standard of care” is defined as the level of care and skill that is expected of medical professionals in the same or similar circumstances. If a healthcare provider’s actions fall below this standard and result in harm, they may be liable for medical malpractice.
Common types of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis: When a doctor fails to correctly diagnose a medical condition or delays a diagnosis, the patient may not receive the appropriate treatment in time, leading to worsened health conditions or complications.
- Surgical Errors: This includes mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside a patient, or performing unnecessary procedures.
- Medication Errors: Prescribing the wrong medication, administering incorrect dosages, or failing to account for dangerous drug interactions can lead to serious injury or death.
- Birth Injuries: Errors made during pregnancy, labor, or delivery, such as improper monitoring, failure to perform a timely C-section, or negligent handling of the newborn, can result in lifelong injuries to the child or mother.
- Anesthesia Errors: Problems related to anesthesia, including improper dosage or failure to monitor the patient properly, can result in brain damage, nerve injury, or even death.
- Nursing Negligence: This can involve failures in patient care, such as neglecting to monitor vital signs, administer medications, or provide proper hygiene and support, leading to complications such as infections or bedsores.
Common Causes of Medical Malpractice
Medical malpractice claims can arise from a variety of factors, often involving one or more of the following:
- Negligence or Lack of Skill: Medical professionals must perform their duties competently. Errors that occur due to lack of skill, poor judgment, or oversight can lead to malpractice claims.
- Failure to Communicate: Clear communication between medical staff is essential. Mistakes or omissions due to miscommunication, whether between doctors, nurses, or specialists, can cause serious harm to patients.
- Understaffing or Overworking: Many medical facilities face staffing shortages or high patient loads, leading to rushed care, fatigue, and, in some cases, preventable errors.
- Failure to Follow Protocols: Healthcare professionals are expected to follow established protocols and guidelines. Failure to adhere to these standards, especially in complex or high-risk situations, can lead to mistakes that harm patients.
- Inadequate Supervision or Training: Junior staff or residents may make errors if they are not properly supervised or trained. A hospital or clinic can be held accountable if they fail to adequately train or oversee staff.
How to Pursue a Medical Malpractice Claim
If you believe you have been the victim of medical malpractice, you need to take specific legal steps to pursue a claim:
- Consult with an Attorney: The first step is to speak with an experienced medical malpractice attorney who can evaluate your case and advise you on your legal options. Medical malpractice cases are complex, and an attorney can help you understand whether you have a valid claim.
- Statute of Limitations: In New York, you have a limited time to file a medical malpractice lawsuit. The statute of limitations for most medical malpractice claims is two years and six months from the date of the alleged malpractice or from the date you discovered or should have discovered the injury. However, there are exceptions, such as for cases involving foreign objects left inside the body after surgery or ongoing treatment. It’s important to consult with an attorney promptly to ensure your case is filed within the legal time frame.
- Expert Review: Before pursuing a medical malpractice claim, your attorney will typically need to consult with a medical expert who can review the facts of your case and determine whether the healthcare provider’s actions fell below the standard of care. In New York, you will need to provide an Affidavit of Merit from a medical expert when filing your lawsuit, which attests to the viability of your claim.
- Filing the Lawsuit: If the medical expert confirms that you have a viable claim, your attorney will file a formal lawsuit. This process involves drafting legal documents, presenting evidence, and potentially negotiating with the defendant’s insurance company.
- Discovery Process: During discovery, both parties exchange evidence, which may include medical records, expert testimony, and depositions. This is a critical stage of the litigation process, where your attorney will work to establish negligence or wrongdoing by the healthcare provider.
- Settlement or Trial: Many medical malpractice cases are resolved through settlement, where the defendant’s insurance company offers compensation to the victim. However, if a fair settlement cannot be reached, your case may go to trial, where a judge or jury will decide the outcome.
Damages in Medical Malpractice Claims
If your case is successful, you may be entitled to several types of compensation for the harm caused by the malpractice, including:
- Medical Expenses: This includes the cost of treating the injury caused by the malpractice, both current and future, such as surgeries, rehabilitation, medications, and doctor’s visits.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury, including loss of enjoyment of life or the inability to participate in activities you once enjoyed.
- Lost Wages: If your injury caused you to miss work, you may be entitled to compensation for lost income. If your injury is permanent, you may also be able to recover compensation for the future loss of earning capacity.
- Loss of Consortium: In cases where the malpractice has impacted your relationship with your spouse or partner, you may be entitled to compensation for the loss of companionship, support, and intimacy.
- Punitive Damages: In rare cases where the defendant’s actions were grossly negligent or intentional, the court may award punitive damages to punish the defendant and deter future misconduct.
Why Hire an Attorney for Your Medical Malpractice Case?
Medical malpractice claims are complex, requiring specialized knowledge of medical practices, laws, and regulations. Here’s why it’s critical to hire an experienced attorney:
Legal Expertise
Medical malpractice laws are intricate, and proving negligence requires strong evidence and expert testimony. An experienced attorney will know how to navigate the legal complexities and build a solid case on your behalf.
Access to Experts
Successful medical malpractice cases often require testimony from medical experts who can establish that the healthcare provider’s actions fell below the standard of care. Your attorney will have access to qualified experts who can support your case.
Maximizing Compensation
An attorney will ensure you receive the full compensation you are entitled to. Insurance companies and hospitals often try to minimize settlements, but a skilled lawyer will fight for your rights and ensure you are fairly compensated for your injuries and losses.
Peace of Mind
Medical malpractice cases can be stressful and emotionally draining. By hiring an attorney, you can focus on your recovery while your lawyer handles the legal aspects of your case, giving you the best chance of success.
Seek Justice and Compensation for Medical Malpractice
Contact Us Now
If you or a loved one has been harmed due to medical malpractice in New York, you have the right to seek justice and compensation. The process can be complex, but with the right attorney by your side, you can hold negligent healthcare providers accountable and obtain the financial relief you need to recover.
At The New York Injury Law Firm PLLC, we have the experience and dedication to handle your medical malpractice case from start to finish. Contact us today for a free consultation and let us help you navigate the legal process and pursue the compensation you deserve.
Other Types of Personal Injury Cases Can We Assist You With?
Auto Accidents
Premises Liability
Slip and Fall Accidents · Trip and Fall Accidents · Snow and Ice Accidents · Uneven/Unlevel Sidewalk Accidents · Tree Root Lifting Sidewalk Accidents · Fall on Debris/Garbage Accidents · Optical Confusion Fall Accidents · Missing Pavement/Brick Accidents · Negligent Security · Fight Cases · Dog Bite Cases · Elevator Accidents · Escalator Accidents · Stair Collapse Accidents · Ceiling Collapse Accidents · Defective Stairways Accidents · Fire and Safety Building Code Violations · Supermarket Accidents
Labor Law and Construction Accidents
Unlawful Distribution of Illicit and Sexual Images/Revenge Porn
Worker's Compensation
