NYC Medical Malpractice Lawyer

Trusted Medical Malpractice Attorney in NYC

Medical treatment in New York City offers some of the best medical providers in the world, but that does not mean some of them at times make terrible mistakes that were easily preventable.  If you or a loved one has suffered from what you believe might be medical malpractice, you can contact an NYC medical malpractice lawyer to help.

You deserve compassionate guidance and knowledgeable support to understand whether your case qualifies as medical malpractice and what your rights are under New York law.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional or institution provides substandard care that directly results in harm to a patient. These cases typically involve negligence, breach of duty, or a failure to meet the established standard of care. If this sounds familiar, it’s important to consider reaching out to an Personal Injury Lawyer for further evaluation.

Causation is the second element needed to prove in a medical malpractice case. You must show that your healthcare provider’s negligence caused your injury rather than it simply occurring because of the underlying illness or the natural progression of your disease.  Your attorney can help you evaluate your medical record and gather evidence that proves causation.  If the injury occurred due to a surgery or procedure and you signed a consent form, then the doctor may not be responsible for the ordinary and anticipated risks inherent in that procedure.

Common Types of Medical Malpractice Cases

• Misdiagnosis or Delayed Diagnosis: These happen when a doctor fails to diagnose a condition in a timely manner, leading to harm that could have been prevented.
• Surgical Errors: Mistakes during surgery, like operating on the wrong body part or anesthesia errors, fall under this category.
• Medication Errors: Prescribing or administering the wrong medication or dosage to a patient.
• Childbirth Injuries: Premature delivery or injuries affecting mother and child due to subpar medical care.

Relevant New York Laws

New York law is intricate when it comes to malpractice, stipulating a strict statute of limitations. Typically, you have two and a half years to file a claim. It is pivotal to consult with an Injury Lawyer as soon as possible to ensure compliance with these timelines. For more detailed legal information, you can refer to New York Courts – Medical Malpractice.

Your Rights as a Victim of Medical Malpractice

• Right to informed consent: You have the right to be informed about the risks and benefits of any proposed medical treatment or procedure.
• Right to confidentiality and privacy regarding your medical records.
• Right to file a claim seeking compensation for incurred damages such as medical bills, lost wages, and emotional distress.

Steps to Take if You Suspect Medical Malpractice

1. Document everything: Keep detailed records of your medical history, including all treatments, diagnoses, and communications with healthcare providers.
2. Seek a second opinion: Another healthcare professional can confirm whether malpractice might have occurred.
3. Consult an NYC Medical Malpractice Injury Lawyer early: Professional legal advice is key to understanding your case potential and dealing with defense negotiations.

Why Hire a Medical Malpractice Lawyer?

There were 398 claims filed against municipal hospitals in New York in FY 2023. Between them, they garnered $51.5 million for patients harmed by their practitioners. These cases constitute just a small number of the overall claims filed, most of which were against private hospitals rather than municipal entities. If you believe you were injured by a doctor’s negligence, you should contact a medical malpractice lawyer for a free consultation about your potential case. 

Doctors and hospitals almost always have medical malpractice insurance and they will pay for defense attorneys to represent them.  Trying to take on these defense firms yourself is almost an impossible task and the best way to protect your rights is to hire an experienced New York Medical Malpractice lawyer.

In general, even if negligent mistake occurred by a doctor that caused physical harm, the harm should be significant to warrant the amount of time and costs to pursue a medical malpractice action.  Expert reviews and testimony can cost from tens to hundreds of thousands of dollars, so the injuries should warrant the measures taken to prosecute the claim.

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FAQ

What Is the First Step if I Suspect Medical Malpractice?

The first steps if you suspect medical malpractice are to obtain your medical records concerning the alleged mistakes that occurred to provide to an attorney for a legal consultation.  Your NYC medical malpractice attorney will review your records to look for signs of negligence on behalf of your healthcare providers and gather available evidence to help you prove your case.

How Long Do I Have to File a Medical Malpractice Claim in New York?

In New York, you generally have two and a half years from the date of malpractice to file a medical malpractice claim, but there are always exceptions, such as a case against a municipal hospital like Bellevue Hospital, Harlem Hospital Center, and Metropolitan Hospital Center.  Do not wait until the statute of limitations is close to running out.  Consult with a medical malpractice attorney as soon as possible to help you with your potential case right away.

Can I File a Claim if I Signed a Consent Form?

You can file a claim if you signed a consent form. Signing a consent form does not waive your rights in cases of negligence or substandard care. However, if the injury occurred from a common risk of the surgery or procedure, it may lessen your chances of a recovery. You can only file a claim if a doctor or another healthcare provider breached their duty of care to you as their patient. Not all negative health outcomes are considered malpractice. Consult an experienced personal injury lawyer regarding whether you have an actionable malpractice claim.

What Are the Red Flags for Whether Malpractice occurred?

The red flags for a doctor committing malpractice include failing to provide you with your medical records when asking for them, failing to explain why the injury occurred, and telling you to find another doctor for treatment. Doctors who engage in these actions may be doing this because they realize they committed medical malpractice.

What Are the Four C’s of Preventing Malpractice?

The four C’s of preventing malpractice are compassion, communication, competence, and charting. Healthcare providers should treat patients with empathy and respect, communicate with them actively, and practice within the standard of care. Charting keeps accurate, thorough, and timely medical records that help prevent incidents of malpractice in the first place.

Local Resources for NYC Residents

When you or a loved one is affected by medical malpractice, it can be very stressful. Choosing the right NYC Medical Malpractice Injury Lawyer is critical. Brett Nomberg, has extensive experience, dedication, and verifiable million dollar awards and jury verdicts against doctors for medical malpractice actions.  Mr. Nomberg handles each case himself and with care and compassion for the injured victims. 

You are not just another case; your situation is treated with the personalized attention it deserves. Contact us online to explore your legal options today.