Medical Malpractice
Our medical malpractice lawyers in NYC understand the severity of medical negligence. When a patient undergoes medical treatment, they expect their physician to act in a safe and responsible manner. When a medical provider acts negligently, however, the results can be devastating for the patient. Medical malpractice can cause patients serious injuries and force them to face a number of hardships. In addition to the serious physical ailments that can be caused by a medical provider's negligence, patients may also experience a number of serious financial hardships. Victims of medical malpractice may be forced to deal with lost wages due to time missed at work, serious damage to their future earning potential and high medical bills.
According to a study performed at Johns Hopkins, medical errors are the third-leading cause of death in the United States of America. Unfortunately, medical errors are not classified separately on death certificates and are under-reported. Undoubtedly, many more cases exist concerning patients who were seriously or catastrophically injured by medical negligence. This is why it is critical for someone who believes that they, or a loved one, are the victim of medical malpractice to contact an experienced medical malpractice lawyer with the knowledge and resources to thoroughly investigate a potential claim and seek justice for those affected. Victims of medical malpractice may be able to recoup compensation for their losses by filing a lawsuit with the assistance our NYC medical malpractice lawyers.
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What Is Medical Malpractice?
Medical malpractice refers to negligence committed by a professional health care provider (i.e. a doctor, a nurse, a dentist, a hospital or a hospital worker) whose performance deviates from the standard of care of those with comparable training or experience which results in harm to the patient(s). The profession itself sets the standard for malpractice by its own custom and practice.
Do I Need An NYC Medical Malpractice Attorney To Pursue My Case?
Absolutely. The complexities of medical malpractice cases make them very difficult and expensive to pursue and litigate. Our medical malpractice attorneys in NYC obtain all medical data that is relevant to your particular medical malpractice case, including proper medical records and laboratory results.
Who Can Be Sued For Medical Malpractice?
Medical malpractice cases apply to doctors, nurses, dentists, hospitals, hospital workers, health care facilities, nursing homes and others providing health care services.
What Are The Elements Of A Medical Malpractice Case?
Medical malpractice is generally defined as a medical provider's deviation from the accepted standard of care of the medical community. While medical malpractice can result in injury and indicates wrong-doing on behalf of the medical provider, it does not necessarily present grounds for a lawsuit. In order to have a valid medical malpractice lawsuit, all of the following elements must be true:
The medical provider had to have owed a duty of care to their patient: A duty of care is a legal obligation that an individual has to adhere to a standard of reasonable care while performing any action that has the potential to cause injury. Medical providers have a duty to their patients to adhere to the accepted standard of care of the medical community in their field.
The medical provider must have breached their duty of care: A medical provider has breached their duty of care when their treatment fails to meet the accepted standard of other providers in the same field. For instance, if a patient suffers symptoms that indicate a particular ailment, but the doctor fails to order tests that another competent physician in the same field would have ordered, the physician may have breached their duty of care.
The medical provider's breach of duty has to have directly caused the patient’s injury: For instance, if a doctor fails to order the correct tests to review a patient's symptoms, and the patient becomes sicker as a result, they may have grounds for a medical malpractice lawsuit. If, however, the doctor's breach of duty was not directly responsible for the patient's injury, they may not be liable for damages resulting from the injury.
The medical provider's negligence must have caused the patient to suffer either economic or non-economic damages: Any financial losses caused by the medical provider's negligence are considered economic damages, including lost wages, damage to future earning potential and medical bills uncovered by the patient's insurance. Pain and suffering, mental anguish and loss of life's enjoyment caused by the injury are considered non-economic damages.
What Types Of Medical Malpractice Cases Do You Handle?
Our medical malpractice lawyers in NYC have represented individuals and families in claims involving:
Do Your NYC Medical Malpractice Lawyers Handle Wrongful Death Cases Caused By Medical Negligence?
Yes. At Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, our medical malpractice lawyers have a history of success handling wrongful death lawsuits involving medical negligence. When a patient’s death is the result of medical malpractice, the victim’s family may be able to recover compensation by filing a wrongful death lawsuit. In a wrongful death claim, the victim’s family is entitled to receive compensation for any economic damages caused by their loved one's death, such as lost wages, funeral costs and medical bills uncovered by insurance. The family may also be able to receive compensation for non-economic damages, such as pain and suffering before death, loss of consortium and loss of parental guidance. Working with some of the top medical professionals, our medical malpractice lawyers in NYC will investigate the error or negligence that caused your injury and hold the responsible parties liable. We seek compensation for medical bills, long-term care, lost income, pain and suffering and additional related expenses.
What Is The Medical Malpractice Process Like?
Medical malpractice cases are among the most complex types of personal injury lawsuits. The prospect of filing a lawsuit can seem daunting to individuals who have suffered an injury during a medical procedure. As a result, it is important that injured patients are aware of what goes into a medical malpractice lawsuit. The following is our firm’s process for handling medical malpractice lawsuits:
Before Filing The Lawsuit: After initially being retained, our medical malpractice lawyers in NYC will obtain the client's medical records. We then send the records to be reviewed by a field-specific professional; all of our professionals are board-certified physicians. Having records reviewed is necessary to file suit in New York State. After an completion, a certificate of merit – an affidavit stating that there is reason to believe that malpractice may have occurred – our medical malpractice lawyers file the lawsuit.
Discovery: Discovery begins for both sides once the lawsuit is filed. During discovery, the attorneys for both sides provide each other with information they do not already have. Depositions are also taken during discovery. A deposition, also known as an examination before trial, is testimony given by witnesses under oath. During a deposition, attorneys from both sides question each other's witnesses. While a deposition may seem daunting for injured patients, we fully prepare our clients for their questioning in advance. Following discovery, our medical malpractice lawyers file a notice of issue and the case is placed on the trial calendar.
Trial: After a case is placed on the trial calendar, pretrial conferences begin. The amount of time before the actual trial begins can vary greatly depending on the venue. The trial is the final step in the process. Following jury selection, the actual trial begins. During the trial, both sides present evidence and question each other's resources.
While the trial is the final step of a medical malpractice case, not every case reaches trial. A case can be settled at any time (although settlements typically occur after the notice of issue has been filed).
While a medical malpractice lawsuit can seem intimidating for victims, it is the only way for them to obtain the compensation they may be entitled to receive. Our clients can rest easy knowing that we will handle every stage of the lawsuit. Furthermore, our NYC medical malpractice lawyers pursue maximum compensation for all of our clients.
What Damages Can Be Recovered From A Medical Malpractice Lawsuit?
Damages from medical malpractice lawsuits include:.
- Medical expenses for treating injuries caused by malpractice
- Disability damages
- Disfigurement damages
- Pain and suffering damages
- Lost wages due to medical malpractice
- Inability to earn future wages due to medical malpractice
In specific circumstances, the law permits families of medical malpractice victims (spouses, children and parents) to recover damages for the loss of love, care, companionship and affection of the family relationship lost because of malpractice.
Our Notable Verdicts & Settlements In Medical Malpractice Cases
Our medical malpractice lawyers in NYC have been defending our clients' rights for over 60 years. Our firm is known for having a sustained record of success in medical negligence cases. We have recovered over $1 billion in compensation for our injured clients. Time and again our attorneys have shown their ability to obtain justice at trial when they believe medical providers and insurance companies are not offering the fair value of a case. We credit our success to our wealth of resources, hardworking staff, innovative technology and first-class medical malpractice lawyers.
Some of our more notable verdicts and settlements include: