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Medical malpractice occurs when a doctor or healthcare professional deviates from the level of care that a reasonable doctor or provider would have delivered under similar circumstances. When New York medical malpractice occurs, it can be extremely unsettling for the patient and their family. They are scared of accruing future medical expenses related to negligent medical care and want to know if they will ever recover their good health. With decades of combined experience in New York medical malpractice cases, Rosenberg, Minc, Falkoff & Wolff, LLP is ready and eager to assist you in getting the damages you deserve.
Patients in New York City can seek compensation through medical malpractice litigation for harm, failure of medical equipment, or error. Doctors are entrusted with the care of people in vulnerable positions. People go to their primary physician every year with the expectation that the care they get will help them maintain a healthy lifestyle. When doctors fail to meet those expectations and cause harm, they must be held liable.
NYC medical malpractice attorneys hold doctors, medical professionals, and institutions accountable for their errors. In order to win your personal injury case, certain elements must be proven:
The first step in recovering compensation in a medical malpractice claim is to establish that the doctor and patient had a relationship. For example, you can’t sue a medical professional you met at a friend’s party who you struck up a conversation with and talked about supplements and heart attacks. In that setting, you did not seek out that physician to meet your medical needs, and there was no relationship established on mutual consent. You also can’t file a medical malpractice case against a doctor you heard giving out general advice even if following this advice was to your detriment, because there was no established doctor-patient relationship. Medical professionals are allowed to give out general advice on topics within their practice area but it is up to individuals to seek medical experts about their specific concerns.
Next, your medical malpractice lawyer must establish medical negligence. Medical professionals should use the standard quality of care that any other competent doctor in a similar practice area and similar circumstances would have provided. The standard of care is hard to establish for some practice areas, such as emergency room doctors who have a different standard of care than a doctor in an office who meets with a patient regularly to maintain their health rather than save their life. ER doctors don’t often have the time to wait for scans or MRI results because the patient’s situation is dire. The medical malpractice lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have successfully established negligence and shown how doctors of differing practices have provided care that was below the reasonable standard.
The last element that our New York medical malpractice attorneys must prove is that our client suffered a personal injury as a result of the medical professional’s deviance from a reasonable standard of care. The personal injury could lead to damages including undergoing additional medical treatments, suffering unnecessarily, being away from their loved ones, and missing work, resulting in lost wages. In the most egregious cases, the medical error led to wrongful death and the surviving family members seek legal representation to hold the healthcare provider accountable for their loved one’s death.
While most people think of medical malpractice in terms of doctor negligence, any healthcare provider can be held liable for negligence including nursing homes, outpatient medical facilities, and nurses. Here are some of the most common medical errors:
Anesthesia errors can be the result of a doctor administering too much anesthesia, too little anesthesia (anesthesia awareness), or delaying the delivery of anesthesia. Too much anesthesia disrupts the amount of oxygen in the blood, leading to brain damage.
If your infant suffered any of the following birth injuries because of negligent medical care, then call the malpractice attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP:
Mothers can also sue their OB/GYN for medical malpractice if the doctor intentionally abused, harmed, or assaulted them during the birthing process.
Human cells need an adequate supply of oxygen and blood in order to survive. When babies are deprived of oxygen at birth, it can cause brain damage. Many babies are able to recover with little to no complications. However, some babies grow up to experience life-long problems related to cognition, delays in motor skills, and psychological challenges. Treatments are available to help babies and their families to reduce the long-term effects of birth injuries, but these interventions are costly and require the parents to take extra time off work to make them possible. Among the types of brain injuries from birth include:
Severely ill or injured patients need to go to the emergency room to get care for their immediate needs. Emergency rooms, unlike doctor’s offices, are very chaotic. Doctors must respond to the immediate needs of the patient who may have been injured in an accident or is suffering from the sudden onset of an illness. There may not be time for them to thoroughly review medical records and or to assess the situation before they have to react. Despite the chaotic nature of emergency rooms, ER doctors do not have immunity from liability when they provide inferior care to their patients.
Failure to provide a timely diagnosis can shorten a person’s lifespan or lead to lifelong health complications. When a healthcare provider fails to diagnose cancer, for example, then the medical error could lead to a patient having a shorter window to beat it before it spreads to other vital organs.
Medical negligence includes institutions, not just individual healthcare providers. Hospitals are responsible for their staff and their training. “Respondeat superior” is a Latin term used in law that means, “let the master answer.” This means that if a staff member of a hospital injures a patient at that hospital, then the employer is on the hook for the resulting injuries and damages.
Biochemistry is a precise field because of the way chemicals react in the body depending on a person’s condition, weight, and gender. Pharmacists have strict protocols to follow before dispensing drugs. Medical errors include administering the drug at the wrong time, to the wrong patient, at the wrong dosage, or through the incorrect route (e.g. pill, IV, etc).
When you are facing the prospect of cancer, you go through so many different emotions from disbelief to anger to dejection. It is difficult to properly diagnose certain types of cancers for many reasons. Some cancers are extremely rare so they are harder to figure out, and others mask themselves as different diseases. A cancer misdiagnosis usually occurs in the pathology department where tissue samples are examined and analyzed. If they misread the tissue sample, then a patient who is healthy may get devastating, but wrong news, or vice versa. Likewise, your primary physician’s lack of communication with a specialist could also lead to an incorrect diagnosis.
Nothing is as terrifying as undergoing surgery and finding out that the wrong body part was operated on during the procedure. Learning that the surgeon you trusted left a piece of surgical equipment in your body is frightening and an egregious form of medical negligence. This medical error should have never happened to you because hospitals have safeguards in place to prevent these serious mistakes. When they happen, you need an attorney who will fight tooth and nail for you to get the maximum compensation in your medical malpractice case.
The total number of malpractice claims between 1991 and 2017 that settled for more than $500,000 reached a plateau after peaking in 2003, but hasn’t reached pre-2003 levels. The state of New York consistently accounts for nearly 20% of all medical malpractice costs in the United States. In fact, most of these cases occur in New York City, which is why physicians here are likely to spend five times more than the national average on medical malpractice premiums.
Medical malpractice cases are notoriously complex. A medical malpractice attorney with years of experience and a successful track record for getting the maximum financial compensation possible from the insurance company can help you. All attorneys go to law school, but not all of them specialize in the same area. Medical malpractice is a specialized type of personal injury case unlike workplace accidents or car accidents, so the attorney you choose needs to have experience in these types of cases.
The defendant is going to have their team of attorneys conducting an investigation to prove their innocence or reduce their liability. Therefore, you need an experienced medical malpractice attorney in your corner. If the insurance company refuses to pay you or offers you a settlement that is too low, then Rosenberg, Minc, Falkoff & Wolff, LLP will fight for you to get what you deserve. Reach out to our New York City office at 212-697-9280
The information provided below does not constitute legal advice on medical malpractice. Rather, the information below is meant for general guidance on medical malpractice and medical negligence. You should contact an attorney to obtain advice regarding a particular New York medical malpractice matter. You can reach us today at 212-697-9280.
Our personal injury law firm uses contingency fees, which means you don’t pay unless we win. We start with a free case evaluation where we provide answers to you and provide insight about the legal process. You should bring any documents you have that can help your medical malpractice case, like your medical records, lab results, medical bills, etc. By the end of your consultation, you will know if you have a case that is worth taking to court, and we will tell you what the next steps are in the process.
Because no amount of money could ever truly compensate for the loss of your good health, determining medical malpractice compensation is complicated. A medical malpractice lawsuit can include compensation for the following:
The patient’s medical records are usually the central piece of evidence in a medical malpractice case. Your records may include results from diagnostic tests, lab results, treatment plans, and doctor’s notes. If you were injured in a hospital in New York City, then your records may include a log of the medications administered, nurse’s notes, and discharge papers. It’s important to know that healthcare providers cannot deny you your medical record if you have unpaid medical expenses or owe a debt to the hospital.
Our personal injury attorneys have established relationships with medical experts in New York City who can testify that the care you received failed to meet the expected standards and that this failure caused your injuries.
When you are preparing to file a medical malpractice lawsuit, then you need a New York medical malpractice lawyer with experience winning these types of cases for their clients. Although your medical malpractice lawyer may also represent clients who have been injured in motor vehicle accidents or other accidents, not all attorneys specialize in the field of medical malpractice.
Medical malpractice law is a specialization within the practice of tort law that requires deep knowledge of medicine and legal statutes. Since we are a law firm and not doctors, we bring in medical experts who testify on the care you received to explain the medical negligence in your case. In addition to medical malpractice cases, we also specialize in wrongful death claims.
When you are preparing to file a medical malpractice claim, then contact the team at Rosenberg, Minc, Falkoff & Wolff, LLP as soon as possible for your consultation. We handle medical negligence lawsuits with compassion and sympathy. We understand that this is a very difficult and stressful time, which is why we support you every step of the way. Call us now to discuss your legal representation at our New York City law firm.
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