Staten Island Medical Malpractice Lawyer
When the Unimaginable Happens
Although medical malpractice is a leading cause of death and disability in New York and across the United States, no one ever expects that it will happen to them. At Jacob Fuchsberg Law Firm, we understand the feelings of shock, anger, and disappointment that can come after a serious medical error worsens the health condition of you or a loved one instead of improving it. On the one hand, you know that even the most skilled medical professionals are humans who will sometimes make mistakes. Even so, that is not a legal justification for making a medical error that has such a serious impact on your life.
If you have developed new or worsening symptoms from medical treatment and feel that the medical professionals treating you made a serious error, we invite you to contact our law firm to request a free consultation and evaluation of your case. Our medical malpractice law firm has been serving Staten Island for more than four decades and is a champion for justice.
We are here to help hold your health care provider accountable for the damage caused by filing a medical malpractice claim on your behalf. Because New York has strict criteria you must meet to recover damages in medical malpractice or wrongful death claim, it’s in your best interest to retain a medical malpractice attorney as soon as possible.
Jacob Fuchsberg Law Firm charges no fee to provide legal representation until we win or settle your claim. You can trust the law offices that have skillfully and compassionately represented many other Staten Island residents as they sought justice for the medical negligence that changed their lives. You can reserve your free consultation today by calling 212-869-3500.
Common Types of Medical Malpractice Cases in Staten Island New York
Health care professionals include doctors, nurses, surgeons, pharmacists, drug and medical device manufacturers, and several other roles. None of them are immune from making a medical error or committing medical negligence, both of which present in a variety of ways. Below are some of the most common types of medical malpractice claims that we represent at Jacob Fuchsberg Law Firm.
- Birth injuries: Surgical errors while performing a Cesarean section, failing to administer the proper amount of anesthesia to the mother at the right time, unnecessary use of forceps, and improper monitoring of pregnancy are just some of the many causes of serious birth injuries. Sadly, a few minutes of medical negligence during the birth process can affect the newborn for life. Attorneys from our New York medical malpractice law firm are here to see that you and your family receive the financial compensation you deserve and need to support the special needs of your child that would not have occurred if not for medical error.
- Medication or medical device errors: Common medical errors in this category include receiving a prescription meant for someone else, doctors writing a prescription for too high of a dose, and doctors failing to consider how the new medication might interact with other medications you take. Using a faulty medical device such as a pacemaker can also have serious unintended consequences.
- Misdiagnosis: A health care provider making the wrong diagnosis or failing to make a diagnosis at all can have devastating consequences because it prevents you from receiving timely and accurate medical treatment. Cancer is a common example. Many cancers are curable when detected early, but survival rates drop dramatically the longer you wait to start treatment.
- Surgical errors: Performing the wrong operation, operating on the wrong body part, and leaving a surgical instrument inside of a patient’s body are all common surgical errors. Having to recover from your original surgery plus the effects of surgical errors takes time and costs money. Financial compensation from a medical malpractice claim provides you with the funds you need as you miss time from work to recover.
- We could provide dozens of other examples of medical malpractice claims. The bottom line is that you have legal recourse when medical experts fail you. Please call Jacob Fuchsberg Law Firm at 212-869-3500 today if you feel that your health care provider made a medical error or that you have been the victim of medical negligence.
Do I Have a Valid Medical Malpractice Claim?
Since medicine is not an exact science, people do not always feel happy with the outcome of their medical treatment. It is important to note here that dissatisfaction and medical malpractice are entirely different things. For example, you would not have a medical malpractice claim if your health care provider recommended a specific medical treatment when you preferred something else. However, you would potentially have a claim under New York State law if that same medical treatment worsened your original symptoms or caused an entirely new health condition altogether.
Medical malpractice is a unique area of personal injury law because the burden of proof on the plaintiff is so much higher than with a car accident or other common type of personal injury. Each of the criteria below must be true for you to proceed with filing a medical malpractice claim in New York:
- The medical professional owed you a reasonable duty of care.
- The medical professional breached that duty of care by not providing you with the accepted standard of care by other health care providers with similar credentials.
- The medical error or surgical error is the direct cause of the damage you sustained.
- You would not have incurred additional medical issues if not for the medical error or surgical error committed by the health care provider you entrusted with your care.
The most important part of a client relationship for the NY medical malpractice lawyers at Jacob Fuchsberg Law Firm is gathering the evidence to prove the fault of the other party. We want you to know that your personal injury lawyer is here to represent you against large insurance companies attempting to protect their clients from paying legitimate medical malpractice claims. Here are just some of the ways our personal injury attorneys prepare to negotiate your medical malpractice claim:
- Investigate the circumstances that caused the medical error.
- Identify all health care professionals involved with the medical error.
- Work in partnership with medical experts to prove your case and help you receive maximum compensation.
- Prepare a medical malpractice claim to demand compensation from insurance companies representing those who committed medical negligence.
- Intercede when insurance companies for the other party attempt to scare or bully you into accepting a lower settlement amount.
You have been through enough already as the victim of a medical error or surgical error. It is time to let the medical malpractice lawyers in Staten Island fight for the justice you deserve.
Statute of Limitations for a Medical Malpractice Claim in New York
Under New York law, you have 30 months from the date of the medical negligence to file a medical malpractice claim. The window of opportunity may be longer if you did not discover the medical error right away thanks to the discovery rule in New York. The discovery rule states that the 30-month clock cannot begin until you discover you discover the medical error. New York’s version of the discovery rule is more limited than some states because it only applies to the surgical error of leaving a foreign object inside a patient’s body.
Medical malpractice cases involving children are another exception to New York’s 30-month statute of limitations. The two and one-half year time limit does not start until the child turns 18. However, the elapsed time cannot exceed 10 years regardless of the child’s age at the time of the medical error. You also have the legal right to file a wrongful death lawsuit on behalf of a loved one who died due to medical negligence.
Compensation You Can Recover from a Medical Malpractice Claim
As with all personal injury practice areas, you could potentially receive compensatory and non-compensatory damages from a successful medical malpractice claim. The first category includes actual financial losses you have suffered due to medical negligence such as increased medical bills and lost wages while you recover.
Non-compensatory damages are those that no one can put a price tag on such as pain and suffering and loss of enjoyment of life because you can no longer participate in activities you enjoy. Since non-compensatory damages are completely subjective and depend on the sympathy of the insurance company or jury, attorneys from our medical malpractice law firm will present significant proof of the impact the defendant’s medical error had on your life.
Begin Your Staten Island Medical Malpractice Claim Today – Free Consultation
Jacob Fuchsberg Law Firm is pleased to offer a free consultation to all new clients. Please call us today at 212-869-3500. Your medical malpractice lawyer will determine if your case meets New York State’s established criteria to proceed with a lawsuit. We look forward to hearing your story of medical negligence and getting right to work to pursue justice for all you have had to endure.
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