Experienced Bronx Medical Malpractice Lawyers
When the Unimaginable Happens
What Constitutes Medical Malpractice in New York?
When a healthcare provider does not follow general practice guidelines for medical care (the “standard of care”) when treating a patient. Even medical experts can make mistakes or cause irreparable harm to their patients. Malpractice can take many forms: surgical mistakes, misdiagnosing cancer, birth injuries, and sending patients home from the hospital without proper treatment, to name just a few types of cases that we see regularly. In nursing home patients, we have helped many families whose loved ones developed bedsores which were left untreated, or who have suffered other injuries while at a care facility.
If you or a loved one have been injured by a doctor, nurse, hospital, or nursing home and you live or work in the Bronx, or the injury occurred in the Bronx, the Jacob Fuchsberg Law Firm firm may be able to help you. We have over 40 years of experience helping injured people in the Bronx and throughout New York (including Staten Island, Queens, Brooklyn, Long Island, Manhattan, and Westchester) and are just a phone call away. We offer free consultations and we are available to talk to you about what has occurred. You can reach us at 212-869-3500.
What Types of Personal Injuries are considered Medical Malpractice?
Medical Malpractice cases include a broad array of circumstances including failure to diagnose or failure to recommend or follow the standard care or treatment. You may have a lawsuit when a health care provider’s act of negligence causes damages or injury to the patient. Below are some of the most frequent errors that have caused serious injuries and even death.
Failure to Provide Treatment
We explore each of these errors and omissions below, and describe how a Bronx Medical Malpractice lawyer can help, starting with a free consultation and exploring whether you may have a medical malpractice case.
Do I Need a Bronx Medical Malpractice Attorney to Pursue My Case?
Medical Malpractice claims are often complicated and often very emotional for the patient and their loved ones, and so we recommend working with a law firm that has years of experience dealing with these types of cases. The Jacob Fuchsberg Law Firm has handled hundreds, if not thousands, of cases in the Bronx as well as throughout the five boroughs of New York including Staten Island, Queens, Brooklyn, and Manhattan. Our lawyers are experienced and kind and treat each client as if they were a member of their own family.
What Types of Bronx Medical Malpractice Cases Do You Handle?
The Jacob Fuchsberg Law Firm has been victorious in handling a variety of medical malpractice claims in the Bronx and throughout the Greater New York City Area including the following practice areas:
Bronx Hospital and Nursing Home Negligence
More often than not, hospitals in the Bronx (including Montefiore Medical Center, Calvary Hospital, and many others) successfully admit, treat, and discharge patients and offer appropriate medical care.
But sometimes, The Jacob Fuchsberg Law Firm has been called upon to help patients when Bronx hospitals have provided negligent treatment or have made medical errors. In some cases, patients have serious injuries or have died as a result of hospital negligence. This type of negligence can arise in various forms and from an array of hospital employees including nurses, surgeons, residents, attending doctors, and physician assistants.
Below are some of the kinds of hospital malpractice we have handled over the years:
- Amputation of the wrong body part or infection from an amputation.
- Development of bed ulcers and pressure sores due to lying in one position for long periods of time without staff conducting routine check-ins.
- Administering the wrong medication or incorrect dosage of medication.
- The spread of MSSA, MRSA, Clostridium, Legionnaire’s Disease, or another infection a patient may acquire in a hospital.
- Failure to monitor the patient’s fluid levels.
- Failure to order or administer the correct diagnostic tests.
- Birth Injuries
- Wrongful death cases
- Ignoring or forcing a patient to wait too long to be seen by a physician because a provider does not consider their care as urgent.
- Lack of or improper supervision of a patient.
- Inadequate amount of staffing.
- Misreading of diagnostic test results and medical records.
- Omission errors
- Surgical errors
- Unnecessary and unwarranted delay in providing diagnosis, treatment, or procedure.
To make a claim against a Bronx hospital, you will first need to establish what is known as the duty of care – that a professional relationship existed between you and the medical provider. Second, you will need to prove that the medical provider deviated from the standard of care. Further, to prove negligence against a hospital employee, you must demonstrate that his or her actions have harmed you.
Birth Injury & Negligence
Nothing compares to the excitement and joy brought by becoming a parent and welcoming a child into this world. We all hope for normal and healthy babies and easy deliveries. Sometimes, however, injuries to babies or mothers occur during delivery and childbirth due to the neglect or error of the hospitals, doctors, or nurses involved. Sometimes these injuries are life-threatening and permanent. The Jacob Fuchsberg Law Firm has helped many families who have experienced these difficult situations. Some of our most recent cases have involved:
- Labor that goes on for too long, causing injuries to the mother or the child.
- Persistent bleeding or hemorrhaging after birth.
- Errors related to the administration of epidural or anesthesia.
- Gestational Diabetes-related injuries to either mother or child.
- Physical harm to the baby during delivery.
- Cerebral Palsy
- Placental abruption or placenta previa.
- Erb’s Palsy
- Early delivery caused by a doctor or hospital negligence.
- Injuries sustained during a cesarean section from improperly handling of birth-assisting tools.
- Pulling or twisting of infant improperly during delivery.
- Failure to properly monitor for infant distress.
- Failure to order and perform an emergency cesarean surgery.
Failure to Diagnose Cancer
In some instances, a medical professional fails to timely identify cancer and administer treatment. When this happens, a patient could potentially miss a crucial time frame in which the administration of treatment could be most effective. We have worked on many cases where this happened and in some cases, the patient has died, the patient’s treatment becomes more difficult than necessary, or cancer progresses to a stage where treatment is not even possible.
The lawyers at the Jacob Fuchsberg Law Firm have deep experience with these kinds of lawsuits and offer dedicated and compassionate help to those whose families have suffered these kinds of devastating circumstances.
Heart Condition Misdiagnosis
We have handled hundreds of cases where heart conditions have been misdiagnosed or mistreated. According to the CDC, roughly 647,000 Americans die from heart disease each year. Early detection and treatment of a heart attack or heart disease could mean the difference between life and death for a patient. In some cases, chest discomfort or other symptoms are mistaken for non-heart related ailments, and the real issue is left untreated.
When a patient has complaints of chest pain or other clear symptoms pertaining to heart problems, a doctor or hospital must order or perform studies to detect the problem. Also, if a patient is suffering a heart attack, the doctor or hospital may use certain drugs and procedures on the patient to minimize damages and potentially prevent great damage. If a doctor or nurse fails to conduct the right tests or give the right medicine, a patient may have a claim for malpractice.
The attorneys with the Jacob Fuchsberg Law Firm have represented many people who live or work or received medical treatment in the Bronx, and who have had cases where the failure to timely treat or diagnose a heart condition has dramatically altered their lives.
Nursing Home Negligence
The Jacob Fuchsberg Law Firm has worked on many cases involving nursing homes and other elder care facilities. Sadly, in some instances, elderly people in nursing homes cannot advocate effectively for themselves and suffer from abuse and neglect.
Many of our nursing home cases involve negligent patient care, and facilities that are understaffed, or have caretakers who are not experienced enough with patient care. Some examples of nursing home neglect involve the following:
Development of Bedsores/Pressure Ulcers
Failure to Properly Monitor Residents
Slip and falls While Left Unattended
Compensation Medical Negligence Lawsuits in New York
In New York, patients who file lawsuits related to medical malpractice are entitled to ask for various forms of compensation from the doctor or hospital that caused the harm.
Compensation, also called damages, may include:
- Repayment for medical expenses that the patient may have incurred, and payment for medical expenses the patient will incur in the future.
- Reimbursement of lost wages.
- Loss of future earning capacity.
In addition, a court or judge may award compensation for:
- Loss of ability to do things you may enjoy in your regular life.
- Loss of consortium
- Pain and suffering
Is There a Medical Malpractice Damage Cap in Bronx County?
New York State does not place any limits on non-economic damages in medical malpractice cases.
New York Statute of Limitations – Medical Malpractice Limits
In every state, including New York, there are laws that govern the time frame in which you have to file a claim for medical malpractice. The standard rule is that the clock starts ticking thirty months after a patient suffers an injury. If treatment is ongoing, the 30 month period does not begin until it is completely finished.
Free Consultation With Experienced Bronx Medical Malpractice Lawyers
New York medical malpractice cases are often complex and emotionally difficult. The Bronx medical malpractice lawyers at the Jacob Fuchsberg Law Firm have acted as the legal representation and personal injury attorneys for patients who have suffered from wrongful, negligent medical care. We go to court and litigate cases, and we also settle many cases, very often with insurance companies who work with doctors and hospitals. We urge you to reach out to our personal injury and medical malpractice lawyers to have your potential case evaluated and your questions answered. The consultation is FREE, regardless of the outcome. Let our family help yours. Please call us at 212-869-3500.
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