New York Medical Malpractice Lawyer
Medical malpractice lawsuits are filed more frequently in New York (particularly in urban areas) than nearly every other state. Each year, an average of 17.3 medical malpractice claims are paid per 1,000 physicians in New York. Filing a medical malpractice lawsuit allows patients to receive compensation for damages caused by neglect from a healthcare professional. Settlements won from medical malpractice cases can help injured victims by paying for:
- Medical costs
- Lost wages from time spent out of work
- Corrective treatments and surgeries needed due to neglectful practices
- Emotional pain and suffering
- And other damages.
Consulting with a medical malpractice lawyer is essential for maximizing compensation, and ensuring that neglectful medical professionals are held accountable for failing to provide and uphold proper standards of care.
What is Medical Malpractice?
Medical malpractice is when a certified and legal medical provider fails to uphold a “standard of care,” resulting in harm to the patient. When patients are injured by medical professionals violating this standard of care, they have the right to sue for compensation.
New York is among the states where the most compensation is paid to victims of malpractice, accounting for nearly 20% of all medical malpractice costs in the U.S.
Common Examples of Medical Malpractice
- Delayed diagnosis that causes worse symptoms or death
- Giving a patient the wrong medicine
- Prescribed medication that makes original symptoms worse
- Surgical errors such as leaving a foreign object in the patient’s body
- Misreading or ignoring laboratory results
- Performing unnecessary surgery
- Disregarding a patient’s medical history
- Prescribing defective medication
- Hospital liability (ie. improper emergency room care, failure to have qualified medical personnel on call
- Nursing home malpractice
- Chiropractic malpractice
Types of Injuries Typically Caused by Medical Malpractice
Examples of injuries caused by medical malpractice include, but are not limited to:
- Anesthesia-related injuries (improper intubation / oxygenation)
- Birth & obstetrical injuries (Including children’s erb’s palsy, brachial plexus injuries, and cesarean section injuries
- Cardiac injuries (ie. cases where symptoms were not taken seriously or properly monitored by doctors due to the rarity of a heart attack happening within certain age groups)
- Post-operative infections
- Over-radiation injuries for benign tumors
- Transplant of non-compatible organ
- Maternal deaths from birth
- Neurological injuries such as strokes
- Vision loss or blindness after NON-eye surgery
Call an expert medical malpractice lawyer in your area for a free consultation, and ask if your injuries or symptoms make you eligible to file a claim.
Proving Your Medical Malpractice Claim
There are two main steps that patients and their lawyers need to take in order to present a successful medical malpractice case:
Step 1: Prove that a malpractice-level mistake happened. Patients need to prove that the error was outside the standard of care.
If you were injured and the healthcare professional did not perform the generally accepted method of care for your condition taking into consideration factors such as your age, you may have a case. Classic examples of malpractice-level mistakes include:
- Delayed diagnosis
- Failure to treat ailment
- Surgical errors
- Birth injuries
- Medical product liability
Step 2: Prove that some type of serious injury was caused by the mistake. Patients filing a claim must present sufficient evidence that a patient’s injury was directly caused by an error resulting from medical malpractice.
Medical malpractice attorneys specialize in helping their clients collect and organize all necessary medical records, witness accounts and other evidence needed to present a winning case. Call 718-839-6327 for a free consultation with an expert New York medical malpractice attorney today.
New York’s Statute of Limitations for Medical Malpractice
Each state sets its own time limits (or, statutes of limitations) on how long a patient can wait before filing a medical malpractice claim. In New York, injured parties are given two-and-a-half years to file a medical malpractice claim before it is dismissed.
New York has few exceptions to this time frame, including:
- If the facility where the error occurs is state run, the statute of limitation is less, patients only have ninety days to file a claim.
- If you fall under New York’s Discovery Rule, when a foreign object was left in your body, you have one year after the object was discovered to file a claim – even if the surgery occurred outside the statute of limitations.
- If a patient was a child when the medical error occurred, under most circumstances, then they typically have two and a half years to file a claim starting from the day they turn 18.
- If the medical error occurred as part of an ongoing course of treatment, then a patient can file a claim for two and a half years after the treatment ends.
Free Consultation with a New York Medical Malpractice Attorney
For over 50 years, the attorneys at Sobo & Sobo have helped victims across New York City and the Hudson Valley win the full compensation they are owed for medical malpractice damages.
If you live in New York City or the Hudson Valley and have been injured, or your symptoms have worsened as a result of receiving substandard care by a doctor or other healthcare professional, the medical malpractice attorneys at Sobo & Sobo would like to hear your story.
The complex nature of medical malpractice claims can be difficult to understand, especially when you or a loved one is suffering with the after effects of physical or emotional pain. That’s why Sobo & Sobo offers free initial consultations, and there are never any fees unless we are able to attain compensation on your behalf.
We have offices conveniently located in Middletown, Newburgh, Spring Valley, Poughkeepsie, Monticello, the Bronx, and Inwood. However, if you are too injured to make it into one of our offices, we will come to you. If it’s time to take the next step toward Winning Together, give Sobo & Sobo a call today at 718-839-6327.
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