Medical malpractice represents a significant issue that impacts thousands annually, leading to serious, long-term harm and, in too many cases, loss of life. Research consistently reveals that medical errors claim more lives each year in the United States than car accidents, determining the critical nature of this problem.
Medical malpractice occurs when healthcare professionals fail to accurately diagnose or treat a patient’s condition, potentially leading to a claim. At the CEO Lawyer Personal Injury Law Firm, we recognize the immense stress and fear these situations generate.
Located in Brooklyn, NY, our experienced team is conversant in New York’s legal issues, particularly concerning medical malpractice.
Suppose you or someone close to you has been affected by medical errors, including misdiagnosis, prescription errors, anesthesia complications, or other healthcare mistakes. In that case, we want you to contact us for a complimentary initial consultation.
Talk to the Our Brooklyn Medical Malpractice Attorneys
Suppose you believe you are a medical malpractice victim in Brooklyn, New York. In that case, you can qualify for financial assistance to pay for your medical bills, missed income, and other associated costs.
Our undying commitment to justice and extraordinary expertise at The CEO Lawyer Personal Injury Law Firm make us effective defenders of your rights.
Medical malpractice claims are among the most challenging cases within personal injury and wrongful death litigation. The complexity of these cases often makes it difficult for victims to secure the compensation they rightfully deserve for their suffering, lost income, and medical expenses.
The CEO Lawyer Personal Injury Law Firm team brings extensive experience handling medical malpractice lawsuits. Choosing our firm can significantly impact the outcome of your case, transforming your journey from battling financial burdens to focusing on your recovery.
Our attorneys at the CEO Lawyer Personal Injury Law Firm understand the critical nature of your recovery process. We are prepared to fight vigorously on your behalf.
By working with our team on your medical malpractice lawsuit, you stand to gain:
- Comprehensive Legal Support: We offer full-service legal representation, handling every aspect of your medical malpractice claim. This allows you to concentrate on your recovery while we manage the negotiations with insurance firms, the accumulation of necessary paperwork, and communications with courts and opposing counsel.
- Robust Record-Keeping: Given the requirement for detailed medical documentation in malpractice cases, we collect all relevant medical records off your shoulders.
- Expert Testimony: Proving a breach in the standard of care is a cornerstone of medical malpractice litigation. We collaborate with esteemed medical experts across New York and nationwide to establish this critical element of your case.
- Strategic Negotiation and Litigation: Armed with a carefully prepared case, we enter negotiations and courtrooms ready to advocate assertively for your best interests.
Allow the seasoned attorneys at The CEO Lawyer Personal Injury Law Firm to navigate the complexities of your medical malpractice claim while you dedicate yourself to healing. Reach out to our office now for a complimentary consultation and set the wheels in motion for your pursuit of justice.
The Importance of Hiring Our Brooklyn Medical Malpractice Law Firm
The complexity of medical malpractice cases sets them apart from other personal injury lawsuits, necessitating a highly experienced and competent legal team for successful allocation. At the CEO Lawyer Personal Injury Law Firm, our legal experts specialize in understanding the characteristics of medical malpractice, particularly within New York’s legal context.
We think differently, we act differently. What we have:
- Our firm offers a complimentary initial consultation, and we handle your malpractice injury case on a contingency fee basis. Our legal fees are only due if we win your case. We’re eager to provide further information and guidance, so we encourage you to call us simultaneously.
- Due to our medical malpractice attorneys’ high experience, you can count on us for regular updates and answers to any questions about your medical negligence case.
- Our attorneys are experts in managing various medical malpractice injury cases, bringing a wealth of experience to each situation.
- We are committed to resolving your malpractice case smoothly and efficiently, ensuring the quality of our work remains high to secure the compensation you deserve.
- Suppose you’re evaluating injury lawyers in New York City for a serious case involving failure to diagnose or misdiagnosis. In that case, our firm is ready to offer you a no-cost consultation to discuss the aspects of your case.
What Is Medical Malpractice?
Medical malpractice is a term that’s often misunderstood, leading to misconceptions about when it applies. Simply put, medical malpractice occurs when a healthcare provider deviates from the standard of care in their treatment, harming a patient.
However, not every unfortunate or adverse outcome from medical treatment amounts to malpractice. For instance, if a patient dies following a surgery performed according to all safety standards and without errors, this situation would not constitute medical malpractice.
The death, in this case, cannot be attributed to a failure or fault by the surgeon. For a doctor’s actions or inactions to be classified as medical malpractice, several specific criteria must be met:
- Existence of a Patient-Doctor Relationship: There must have been a formal agreement or understanding that the doctor would be treating the patient, establishing a patient-doctor relationship. This relationship is crucial for any malpractice claim because it establishes the doctor’s duty to the patient.
- Negligence by the Doctor: The healthcare provider must have acted negligently or carelessly in a way that a competent and reasonable professional in the same field would not have. This includes failing to do something that should have been done (like sterilizing surgical instruments) or doing something that should not have been done under the prevailing medical standards.
- Injury to the Patient Resulting from Negligence: The patient must have suffered an injury or harm directly because of the healthcare provider’s negligence. If the patient suffers harm that is not directly related to the doctor’s carelessness, it does not qualify as malpractice.
- Damages Due to the Injury: Quantifiable harm must result from the injury, such as pain and suffering, loss of income, or accumulating medical bills, which can be attributed directly to the negligence encountered.
Knowing these criteria helps clarify what constitutes medical malpractice. It’s not about the presence of risk or an undesired outcome in medical treatment; it’s specifically about harm resulting from a deviation from the standard of care expected within the medical community.
What Are the Common Types of Medical Malpractice?
Medical malpractice, a significant concern in healthcare, results in the death or injury of up to 80,000 patients each year. This issue primarily stems from two categories of errors:
- Errors of Omission: These occur when necessary actions are not taken, for example, failing to secure a patient in a wheelchair.
- Errors of Commission: These are incorrect actions taken, such as administering the wrong medication to a patient.
Below are some prevalent forms of medical malpractice:
- Misdiagnosis or Delayed Diagnosis: Incorrectly diagnosing a patient’s condition or excessively delaying a diagnosis can also encompass complete failure to diagnose.
- Medication Errors: This includes prescribing incorrect medications or dosages, potentially leading to severe adverse effects.
- Surgical Mistakes: Errors during surgery include leaving medical instruments inside the patient’s body or operating on the wrong body part.
- Anesthesia Errors: Administering too much or too little anesthesia can lead to significant patient harm.
- Birth Injuries: Negligence during pregnancy, labor, or delivery that results in injury to either the mother or the newborn.
- Lack of Informed Consent: Performing procedures without the patient’s full understanding and agreement, violating their autonomy.
- Emergency Room Negligence: Mistakes or misconduct in emergency settings with high urgency and pressure.
These examples understand the critical need for diligence, expertise, and communication within the medical profession to prevent such dire consequences.
What Is the Statute of Limitations to File a Medical Malpractice Lawsuit in New York?
In New York, the typical timeframe to initiate a medical malpractice lawsuit is within two and a half years from the incident date or the conclusion of ongoing treatment provided by the involved healthcare professional.
It’s important to note that certain exceptions and specific conditions could affect this timeframe based on the unique aspects of the case. It’s imperative to see a knowledgeable personal injury attorney as soon as possible to prevent missing the deadline.
They can help manage the legal difficulties and guarantee that your claim is submitted properly.
What Is My Medical Malpractice Case Worth?
Several critical factors influence the potential value of a medical malpractice case. Here’s a closer look at each and their possible impact:
- Severity of Injuries: Cases involving severe injuries often result in higher compensation. Severe injuries might necessitate extensive corrective surgeries or long-term treatments to restore the patient’s health. This increased need for comprehensive medical care and rehabilitation usually translates into higher claim values, offering some solace to those severely affected.
- Certainty of Medical Professional’s Liability: A clear-cut case of liability by the medical professional or their employer increases the likelihood of a higher settlement. When the responsible parties are confident they will be found liable, they may settle for a more significant amount. Conversely, if liability is uncertain, the settlement amount may be reduced, or settling could be more challenging.
- Settlement vs. Trial: Settlements are common when insurers’ internal reviews identify a breach in the provider’s standard of care. The amount awarded in settlements or jury verdicts is significantly influenced by injury severity. Jury verdicts in medical malpractice cases can sometimes exceed $1 million.
- Publicity and Litigation Costs: Cases that attract considerable public attention or are expected to incur high litigation expenses may prompt insurers and employers to settle to avoid the spotlight or reduce costs. Professional legal firms specializing in personal injury can utilize their expertise to ensure responsible parties provide fair compensation.
Each of these factors, from the gravity of injuries suffered to the specifics of liability and the strategic decisions regarding settlement or litigation, plays a crucial role in determining the compensation value of a medical malpractice case. Victims must hire skilled legal representation to handle these complexities and achieve a just outcome.
What Steps Do I Need to Take After a Medical Malpractice Incident?
If you’re grappling with medical malpractice, taking prompt and careful steps is crucial for a favorable outcome. Here’s a guide to managing the consequences of a potential medical malpractice incident:
- Refrain from Confronting Your Healthcare Provider: Directly accusing your healthcare provider—whether a doctor, nurse, or any other medical personnel—of malpractice could be detrimental to your case. It’s also wise to avoid making legal allegations on social platforms to prevent possible defamation charges.
- Seek Alternate Medical Advice: Your health should be your top priority. Consult another healthcare professional to address your immediate health concerns and gather an independent assessment of your situation. Be honest about your possible malpractice concerns, and ensure they document your condition and treatment thoroughly.
- Gather Your Medical Records: Acquiring copies of your medical records is a critical step. This includes records from the healthcare provider you suspect of malpractice and any previous or subsequent providers. These documents are pivotal for substantiating your case and should encompass everything from physician notes to lab results and prescription histories.
- Keep Detailed Records: Document every aspect of your situation. Note your symptoms, the treatments you’ve received, and their effects on your daily life in detail. Photographs of any injuries, irrespective of whether they are directly linked to the alleged malpractice, can be compelling evidence in court. Compile any witness statements or contact information, as these can corroborate your claims.
- Consult with a Specialist Lawyer: Engage with a Brooklyn personal injury attorney specializing in medical malpractice. They can evaluate the strength of your case and navigate you through the intricacies of the legal process. Transparency with your lawyer regarding all incident-related details is crucial for them to offer effective advice and representation.
Do You Have a Malpractice Case? Reach Us at No Charge!
If you believe you may have a malpractice claim, The CEO Lawyer Personal Injury Law Firm is here to help at no initial cost. Our approach involves thoroughly investigating every potential angle of liability to provide a transparent evaluation of your case’s merits.
If we decide to proceed with your case, we are prepared to dedicate the necessary time and resources to achieving a successful outcome.
To discuss your situation without financial obligation, please contact our Brooklyn office at (516) 689-1132 for a complimentary consultation. Alternatively, you can reach us through our online contact form.
We proudly serve clients across New York, including Manhattan, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County. We also warmly welcome Spanish-speaking families in need of legal counsel.
FAQ
Q: Does signing a waiver affect my malpractice claim rights?
No, signing a waiver or consent form does not prevent you from filing a medical malpractice claim if the standard of care was not met. These forms indicate informed consent for treatment but do not cover instances of substandard care.
How can I tell if I have a medical malpractice case?
If you experience unexpected or significantly different outcomes from medical treatment, or if your medical provider cannot explain worsening conditions, it might indicate malpractice. Consulting with a law firm skilled in medical cases is a reliable step to determine if your situation warrants legal action.
Q: Is being misdiagnosed considered malpractice?
Misdiagnosis can be malpractice due to the doctor’s failure to thoroughly obtain medical history, recognize symptoms, order necessary tests, or correctly interpret test results. Commonly misdiagnosed conditions include cancer, heart attacks, and meningitis.
