Are You Looking For A New York Medical Malpractice Lawyer
Were you injured as a result of medical malpractice, negligence or carelessness of a doctor or other health care provider in NY?
The NYC medical malpractice attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have more than 100 years of experience representing patients who have been injured or have died as the result of the negligence of a doctor, a nurse, or other health care practitioner. Five of our malpractice attorneys have been recognized in Best Lawyers in America in the area of medical malpractice including Richard Steigman who was named 2022 “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs in New York City. Additionally, attorney Jeffrey Bloom co-chairs the Medical Malpractice Committee of New York State Trial Lawyers.
Essentially, medical malpractice is negligence on the part of a doctor . When a doctor departs from accepted medical practice, and injury or death of a patient occurs as a result of that deviation from the standard of care, the doctor can be liable for their actions. Under such circumstances, the patient is entitled to recover for past and future: pain and suffering, medical expenses, and loss of earnings. A spouse can recover for loss of services. In a death case, the next of kin can recover for their loss.
How to Choose The Best Medical Malpractice Lawyer Near Me?Our Top New York City Medical Malpractice Lawyers Can Help
What Is a Notice of Medical Malpractice in New York State?
Is An Expert Required In Order To File A Complain In A New York Medical Malpractice Case
Yes. Pursuant to New York Civil Practice Law and Rules section 3012-A, a certificate of merit must accompany the complaint which states that the attorney for the plaintiff has consulted with an expert physician and that on the basis of that expert review, there is a reasonable ground for the commencement of a medical malpractice case. If there is insufficient time to obtain this medical review before the statute of limitations expires, then the attorney can state that in the certificate and later file a supplemental certificate when the expert review has been obtained.
Common Legal Terms Explained
Plaintiff a person or party who brings a lawsuit against another person or party/parties in a court of law. Private persons or parties can only file suit in civil court.
Judgment A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.
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Compensation Available In Malpractice Cases
A medical malpractice lawsuit can demand a broad range of monetary damages to account for medical expenses, loss of wages and earning power, pain and suffering, disability, emotional distress, loss of enjoyment of life, and costs for ongoing rehabilitation.
New York law allows plaintiffs to seek compensation for the wrongful death of a loved one caused by medical negligence. Typically, the spouse, children, or other survivors are entitled to economic damages for funeral costs, loss of earning potential, and services that the decedent would have provided.
At Friedman, Levy, Goldfarb & Green, we recognize the immense emotional and financial toll placed on malpractice victims and their loved ones. Our seasoned attorneys have what it takes to protect your rights and hold negligent medical providers and facilities accountable for their actions.
New York, unlike many states, does not cap the amount of damages a plaintiff can receive in a medical malpractice case. However, claims must be filed within 30 months. With these statutes of limitation in mind, its essential to speak with a malpractice attorney without delay.
Its Best To Hire An Experienced New York Medical Malpractice Lawyer Who Can:
- Determine Liability Determining liability is essential in medical malpractice cases. This allows you to name all responsible parties and maximize your potential compensation. During the discovery phase of the lawsuit, your attorney can take depositions, send written requests for production of documents and request your medical records. The legal teams aim is to identify who should be held responsible for your injuries.
- Consult With An Expert Without an expert to review your case, it will be nearly impossible to secure a favorable settlement or verdict. At Finz & Finz, P.C., our medical malpractice lawyers have the experience, reputation and resources to enlist the worlds top medical experts. They will review your case, work with us to determine the best strategy for your case and ultimately testify at trial on your behalf.
- Competently Litigate Your Case In New York, its essential that you hire an experienced attorney to fight on your behalf. With decades of experience, the legal team at Finz & Finz, P.C., understands medical malpractice law. Our team members have even taught medical malpractice law to judges throughout the country. We have the resources necessary to successfully litigate these cases, and we can confidently take your case to trial, if needed.
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What Is The Statute Of Limitations For A Medical Malpractice Case In New York
Answer: Pursuant to section 214-a of the NY Civil Practice Law and Rules, the basic medical malpractice statute of limitations is 2 and ½ years from the date of the malpractice or the last date of continuous treatment by the physician or hospital sought to be held responsible for the same injury or condition that gave rise to the malpractice. This statute of limitation applies to private physicians, hospitals, nurses and other health care providers.
A Committed Team Of Medical Malpractice Lawyers
In keeping with our firms philosophy, Goldberg Sager & Associates makes our service as convenient as possible to our clients. Our malpractice lawyers can come to your home or hospital room to discuss your serious injury from medical malpractice. We treat clients with compassion and respect, working diligently to get them what they need. To speak with an experienced NYC medical malpractice lawyer or to schedule a free consultation, contact us today online or call us at or toll free at .
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Under New York Medical Malpractice Law You May Be Entitled To Compensation For General Damages Special Damages And In Rare Cases Punitive Damages:
- General Damages Compensation for general damages is designed to put a monetary value on your pain and suffering, emotional distress, and any other psychological suffering related to medical negligence.
- Special Damages Have your injuries caused frequent hospitalizations? Have you lost income because you were forced to take time off from work? These are all examples of special damages, which are any out-of-pocket losses youve incurred or will incur in the future. With compensation for special damages, the goal is to recoup any financial strain caused by medical negligence.
- Punitive Damages In rare cases, a court may award additional compensation for punitive damages. This type of compensation is only awarded if the medical professionals negligent behavior was malicious, intentional, or particularly egregious.
During your free case evaluation at Finz & Finz, P.C., we can give you a better idea of the compensation you may be entitled to and that you deserve. Contact us now to schedule a free consultation with one of our New York medical malpractice lawyers.
Certainty Of The Medical Professionals Liability
When a medical provider, their employer, or liability insurer understands that they are going to be on the hook for the cost of a claim, it is more likely to settle for a higher value. If the liability is questionable, the settlement may be lower or the parties may not be able to reach a settlement agreement at all.
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Medical Malpractice & Negligence In New York Brooklyn & The Surrounding Areas
When we see a doctor or go to the hospital, we trust that we will receive a proper level of treatment and care. Unfortunately, this does not always happen. When healthcare providers fail to uphold an acceptable standard of care, they can be held accountable for patients resulting injuries and deaths. By filing a NY medical malpractice lawsuit, you can seek justice and fair financial compensation for the losses you have endured.
If you believe you or a loved one was the victim of medical malpractice in New York, call Rubenstein & Rynecki at orcontact us online to schedule a free initial consultation.
Cases We Handle
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Use the contact form on the profiles to connect with a Brooklyn, New York attorney for legal advice.
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If You Sign An Informed Consent Waiver Can You Still Sue For Malpractice
Before you go through any medical procedure in Brooklyn, doctors must obtain informed consent from you. If they do not get this consent, this can be considered malpractice. Informed consent means that the doctor has made you aware of all the known risks and benefits of the treatment or procedure, including any potential side effects, symptoms, and even complications that can occur.
However, if you sign this informed consent, it does not mean you consent to have a health care professional commit medical malpractice on you through their negligent actions.
If you believe your injury resulted from medical malpractice, speaking with a knowledgeable Brooklyn medical malpractice lawyer can help you figure out if this harm falls outside the bounds of informed consent.
He Fights For You Make Your Case Matter
Were willing to do whatever it takes within ethical and legal bounds to help you get the compensation you rightfully deserve. Remember, you didnt do anything wrong. Your family shouldnt have to suffer because of someone elses mistakes. Take back control. Contact Jonathan C. Reiter Law Firm, PLLC, today. When you contact us, youll notice the difference right away. Well take the time to learn about your case.
We listen. And well communicate clearly with you throughout the legal process. We will keep you informed and consult with you every step of the way. Were on the same team, moving toward the same goal. Give your case an edge. Contact us. Call 736-0979 and schedule a free consultation. Were conveniently located in The Empire State Building in Manhattan. Best of all, you only pay us if we win. Thats because we work on a contingency fee basis. Its that simple. Jonathan C. Reiter Law Firm, PLLC the name you can trust to make things right.
Medical Malpractice Articles
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Medical Malpractice Lawyer In Brooklyn Provides Expert Guidance
At Friedman, Levy, Goldfarb & Green, we have provided high caliber representation to medical malpractice victims in Brooklyn, securing millions of dollars on behalf of clients. We are well-versed in claims involving hospital negligence, surgery errors, and misdiagnosis and have the case results to prove it. In just the past few years, our lawyers have secured outstanding verdicts and settlements that make meaningful improvements in the quality of our clients lives.
Medical malpractice occurs when a healthcare provider whether a doctor, nurse, physician assistant, dentist, or anesthesiologist deviates from the standards of care in the medical community, causing harm or death to the patient. When the unthinkable happens, and an injury or illness is caused by the very people entrusted to your health, its crucial to seek guidance from a law firm with resources and experience in cases just like yours. Get the support and answers you need from a medical malpractice attorney in Brooklyn who can help you seek full compensation.
What Is My Medical Malpractice Case Worth
The value of a medical malpractice case depends on many factors.
Some factors that influence the value of a medical malpractice case include:
- The severity of the patients injuries
- The certainty of the medical professionals liability
- Whether it reaches a settlement or goes to trial
- Litigation costs
Obviously, some of these factors depend more on the patients situation and others are the result of extrinsic influences. Heres how each factor may impact the value of a case:
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What Constitutes Medical Malpractice
According to a study conducted by Johns Hopkins, medical errors are the third-leading cause of death in the U.S.
Medical malpractice is the failure to provide a patient with care that meets the industrywide standard. If a court finds that the actions of a physician or other medical professional are contrary to what most medical professionals would have done, they may be liable for damages associated with those injuries.
When most people think of medical malpractice, they think of an improperly or poorly performed medical procedure. While this is true, a medical practitioner or facility may also be liable for the following:
Delayed or missed diagnosis
Lost wages
Funeral costs
An individual who sustained more extensive or debilitating injuries could recover significant compensation. No matter how extensive your injuries may be, speaking with a knowledgeable medical malpractice attorney may help you understand the potential compensation you may be awarded for your injury or loss
What Constitutes Medical Malpractice In Brooklyn
Medical practice results when a doctor, health care professional, or a hospital causes an injury to a patient due to their omissions or negligent acts. These negligent actions can result from errors in treatment, aftercare, diagnosis, and even health management.
Some common examples of medical negligence that can lead to a lawsuit include:
- Ignoring or not reading laboratory results accurately
- Performing an unnecessary surgical procedure
- Misdiagnosis or failure to diagnose an issue
- Performing surgery on the wrong site or other surgical errors
- Improper administration of medications or the dosage
- Discharging the patient prematurely
- Not following up with post-medical treatment or performing poor aftercare
- Not taking into account a patients history or disregarding that history altogether
- Failing to recognize specific symptoms
- Failing to order proper medical tests
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Recovering Compensation For Medical Negligence
New York state law provides two types of compensation for patients who successfully win their medical malpractice cases. These are economic damages and non-economic damages.
Compensation in the first category refers to reimbursement for actual financial losses such as medical expenses and lost wages. These are straightforward and your New York medical malpractice lawyer will help you determine them.
Non-economic damages, which include such categories as pain and suffering, are much more subjective. The jury assigns a dollar amount based on how well you and your attorney make a case for how the medical error has affected you in a non-monetary way.
An injured patient may also be eligible for punitive damages if he or she can prove that the defendant acted in an especially dangerous manner that showed little to no regard for his or her safety and medical outcome.
Below are the most common types of economic damages awarded in medical malpractice cases:
The following are common examples of non-economic damages that a jury may award to you:
Before you can collect any type of compensation from your lawsuit, you and your New York medical malpractice lawyer must prove that the damages you suffered have a financial equivalent and that there is no other way to remedy the situation. This is in addition to the four criteria that the two of you must establish for a judge to consider your case legitimate medical malpractice.
Do I Have Grounds For A Medical Malpractice Case
Medical malpractice is notoriously hard to prove. Often, the medical professional who caused the injury to you or a loved one will deny wrongdoing. And even if the doctor or surgeon admits making a mistake, insurance companies often do everything they can to avoid paying victims.
The hospitals and insurance companies have aggressive attorneys working to protect their interests. If you believe you have a legitimate medical malpractice case, its critical that you contact us as soon as possible.
We provide a free consultation to all potential clients. We want to help you determine if you have a case. Were eager to answer your important questions.
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Why Should I Hire Attorney Reiter For My Brooklyn Medical Malpractice Case
Even if the medical professional admits wrongdoing, your case could still be very complicated. Gathering evidence can be a difficult process. And then there are the insurance companies. Most do everything they can to pay injury victims as little as possible.
Insurance companies dont intimidate us. We know how to negotiate with them and get people the compensation they rightfully deserve. We can also help you file a medical malpractice lawsuit or take other legal action if necessary. We will not rest until justice is served.
Am I Eligible For Medical Malpractice Compensation
Financial costs can add up quickly. Obtaining compensation in medical malpractice cases in a timely manner can be extremely difficult. The burden of proof in such cases can often be very high. Without sufficient evidence, you may have a hard time proving you are the victim of medical malpractice.
Fortunately, our knowledgeable attorneys know what is required to get results and have a proven track record of success. We have won many major, multi-million-dollar medical malpractice cases in New York, including:
- $22.97 million verdict for brain damage linked to a delay of treatment in 2014. One of the top medical malpractice verdicts in U.S. that year.
- $4 million settlement due to faulty neck surgery
- $3.5 million for brain damage caused by failure to diagnose pulmonary edema
- $2.25 million for brain damage due to negligent treatment of skull facture
- $2.1 million for failure to diagnose prostate cancer
- $2 million for misdiagnosis of Crohns disease
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