When you have a medical procedure performed on an outpatient basis or you receive care in the hospital, you take it for granted that the doctors, nurses, and other medical staff treating you will perform the procedure correctly.
Unfortunately, serious medical errors are common and can cause lifelong injuries or even the death of a patient. The death might be immediate or the patient may pass away much sooner than he or she would have otherwise.
NYC medical malpractice is more common than you realize, the Jacob Fuchsberg Law Firm is here for you when the unimaginable happens. After serving New York for 40 years we have the experience to help you or your loved one get the justice they deserve.
We offer a free confidential compassionate consultation, let us help you today, call 212-869-3500.
Injuries can be serious enough to leave a patient with permanent disfigurement, paralysis, traumatic brain injury, and a host of other serious medical problems that dramatically impact his or her quality of life.
It can be shocking for the patient and leave him or her not knowing where to turn to deal with the devastating consequences of medical malpractice. Part of the oath a medical professional includes acting in a manner consistent with professional standards. You may have a valid claim of medical malpractice when this does not occur and the provider harms rather than helps you.
With over 40 years of experience as trial lawyers serving New York City, we have the experience it takes to take on the most difficult medical malpractice claim or personal injury case.
Medical errors are the third-leading cause of death behind cancer and heart disease, according to a 2016 medical malpractice report released by Johns Hopkins University. The report states that at least 250,000 patients die every year due to a serious error by a medical practitioner. However, Johns Hopkins acknowledges that the annual death rate from medical error may be as high as 440,000 people. The number of people who sustain serious and life-altering injuries, or wrongful death due to medical error is significantly higher than those who die.
If you feel that you, a loved one, or a close family member has been the victim of negligent care by a medical provider, you have the right to hire Jacob Fuchsberg, a New York medical malpractice lawyer to represent you. Your lawyer will help you gather evidence to prove negligence on the part of your treating provider. However, you must do so before the statute of limitations for medical malpractice claims in New York expires. We will discuss the time frames and exceptions allowed to the statute of limitations later in this article.
It is imperative to establish your case with the personal injury attorneys at Jacob Fuchsberg as early as possible since the person or organization you intend to sue will likely have access to greater financial resources than you do. You can expect them to start working to disprove your claim if they even suspect that you may file a lawsuit. The longer you wait to file a claim, the more time you provide them to fight against it. Call our law office for a free consultation and get started on your legal claim today, call 212-869-3500.
Medical errors can include more than just making a mistake when treating a patient. The failure to diagnose or recommend the proper course of treatment are examples of errors by omission from a healthcare professional that can also have serious consequences on a patient’s life. Below are six of the most common types of cases that cause injured patients to seek the services of a New York medical malpractice lawyer:
Known also as gynecological or obstetric injuries
We take it for granted in 21st century America that the birth process will be safe for the mother and baby. Sadly, many things can go wrong that can leave both with lifelong health issues or the newborn with developmental issues. While these are not always the fault of the attending physicians, medical errors during birth have devastating consequences when they do occur. Learn more about birth injury.
Some of the most common types of birth-related medical malpractice claims are related to the following:
A delayed diagnosis of medical malpractice case means that the patient received an incorrect diagnosis initially but eventually received the correct diagnosis. If you have experienced this, you know that the time lost to an incorrect diagnosis can have a significant health outcome or even lead to premature death. In determining medical malpractice, juries consider whether the original diagnosing doctor assessed the patient in a less competent manner than doctors with similar training and experience would do. He or she may have also failed to see signs of disease on a diagnostic imaging test.
Doctors in this situation initially diagnose a patient correctly but then fail to provide or recommend the appropriate follow-up care. This is most common when a doctor has too many patients on his or her caseload by a healthcare provider and does not provide the level of individual care necessary for a good health outcome.
This category is a good example of how medical errors do not always occur due to direct care or failure to diagnose or treat a patient properly. They can also happen when a medical device manufacturing company creates and sells a faulty product that harms a patient resulting in Medical Product Liability. For example, a pacemaker meant to stimulate electrical heart activity could fail to perform and the patient suffers a heart attack as a result.
Misdiagnosis is one of the most common types of medical malpractice claims. This occurs when a doctor examines a patient and gives him or her the wrong diagnosis or no diagnosis at all. In a worst-case scenario, a patient given medication or other treatment for a condition that he or she does not have can develop a worsening of the original condition.
Unfortunately, even a simple surgical procedure can go wrong and impact a patient for the rest of his or her life due to a surgical error. The following represent some of the most common types of surgical errors that may qualify as medical malpractice:
While the above six categories represent the most common types of medical malpractice claims in New York, they are far from the only things that can go wrong. A doctor writing a prescription for the wrong drug, a pharmacist issuing the wrong drug or failing to counsel the patient on possible interactions with other medications, plastic surgery errors, nursing home malpractice, and the production of faulty medical devices are also common.
You have the right to retain a New York medical malpractice injury lawyers to seek financial compensation for any type of injury or wrongful that you reasonably feel happened due to negligence, whether you see it on this list or not. A successful lawsuit can provide you with money to pay your medical expenses, reimburse your lost wages, acknowledge your pain and suffering, and much more. Even though money cannot change the situation you now live with due to medical error, it can at least help to provide for you and your family.
When you file a medical malpractice case in New York, the burden of proof is on you to show a direct relationship between the actions of the defendant and your injuries. These can be among some of the most challenging personal injury cases and require the assistance of a New York medical malpractice attorney to help you prove your claim and fight for fair compensation. It would be extremely difficult for you to gather proof and go up against a large medical corporation, its insurance company, and its lawyers on your own.
Before moving forward with your lawsuit, it is important to understand the definition of medical malpractice and the four elements you must prove for a judge to consider your case and for you to have a higher likelihood of winning it. According to the United States National Library of Medicine and National Institutes of Health:
Medical malpractice occurs when a physician deviates from the established and accepted protocols of the medical community. This causes him or her to treat the patient incorrectly or to fail to treat the patient at all. Doctors, nurses, pharmacists, diagnostic imaging technicians, doctors who read test results, ambulance attendants, and manufacturing companies are just some of the many parties who could potentially commit medical malpractice.
It is possible that you may need to file your lawsuit against more than one party. You may also need to work with a New York medical malpractice lawyer to determine which parties you need to sue.
When you file your claim, it must meet all four of the following criteria to earn the legal definition of medical malpractice:
Each state, including New York, establishes its own statute of limitations for when an injured person can file a medical malpractice or other types of a personal injury lawsuit. The general guideline is that you have 30 months from the date of the injury to file your claim against the medical provider. If the medical error occurred during the course of treatment, the 30 months does not start counting down until after the patient has completed the prescribed course of treatment. Some exceptions exist to this rule, including the following:
Unfortunately, you lose your right to file a medical malpractice claim in New York if you miss the deadline that applies to your specific situation.
New York state law provides two types of compensation for patients who successfully win their medical malpractice cases. These are economic damages and non-economic damages. Compensation in the first category refers to reimbursement for actual financial losses such as medical expenses and lost wages. These are straightforward and your New York medical malpractice lawyer will help you determine them.
Non-economic damages, which include such categories as pain and suffering, are much more subjective. The jury assigns a dollar amount based on how well you and your attorney make a case for how the medical error has affected you in a non-monetary way. An injured patient may also be eligible for punitive damages if he or she can prove that the defendant acted in an especially dangerous manner that showed little to no regard for his or her safety and medical outcome.
Below are the most common types of economic damages awarded in medical malpractice cases:
The following are common examples of non-economic damages that a jury may award to you:
It is rare but not unheard of for an injured patient to receive punitive damages in New York. Juries consider whether the actions of the defendant qualify as morally reprehensible and not simply reckless when choosing this category of financial compensation. Its intent is not so much to award the patient but to punish the defendant in the medical malpractice case and send a message to others who might consider engaging in the same type of unprofessional behavior.
Before you can collect any type of compensation from your lawsuit, you and your New York medical malpractice lawyer must prove that the damages you suffered have a financial equivalent and that there is no other way to remedy the situation. This is in addition to the four criteria that the two of you must establish for a judge to consider your case legitimate medical malpractice.
You should also be aware that certain factors in your case can reduce the amount of compensation you receive should you win your lawsuit or cause you to lose your case. One of these is whether you had a pre-existing condition that became aggravated by the defendant’s error and is not an entirely new medical symptom or condition. Another is the matter of your own fault in causing the injury or symptoms or making them worse by your actions. You could lose some or all compensation here if the lawyer for the other party can prove that you went against medical advice or were negligent yourself and that is what caused your current complications.
A medical malpractice damage cap is a limit on the amount of compensation that a plaintiff can receive in a successful medical malpractice lawsuit. Typically, this only affects non-economic damages such as those described above. State laws do not place a cap on actual financial losses like medical expenses and lost wages. The good news for medically injured New York residents is that our state is just one of 15 that does not place any limits on non-economic damages in a medical malpractice case.
Medical malpractice issues are often complex and emotionally painful. The New York medical malpractice lawyers at Jacob Fuchsberg Law Firm have generations of experience handling these very sensitive matters. Our malpractice attorneys have worked on hundreds of different medical negligence actions, including cases related to:
It can be sad and frustrating to realize that highly trained doctors and hospitals make mistakes that permanently alter the lives of some of their patients — and cost other patients their lives. Faulty, negligent medical care underlies many of the cases handled by the New York medical malpractice attorneys at the Jacob Fuchsberg Law Firm.
If you are struggling with a serious injury that could have been prevented with proper care, or you are coping with the loss of a family member, talk to us. Our long history of obtaining outstanding verdicts and settlements in cases involving medical malpractice attests to our wealth of experience and dedication to our clients.
Contact our personal injury law firm immediately for legal representation to get your questions answered and for sound legal advice. The consultation is ALWAYS free. We can answer your questions and help you decide what steps to take next. There are no fees unless and until we recover compensation for you and your family.
Based in New York City, our New York medical malpractice attorneys work with individuals and families of those injured in Manhattan Brooklyn, Queens, Bronx, Staten Island, and Long Island. We invite you to learn more about why clients choose us. To speak with one of the top-rated medical malpractice lawyers in New York City, call 212-869-3500 or complete the free case evaluation form below.
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