In a city as vibrant and complex as NYC, where medical professionals are trusted with our most precious asset—our health—there lies an unfortunate reality: medical malpractice. A medical malpractice lawyer becomes an essential ally when things go wrong whether in the operating room or during a routine checkup. But what does it mean to engage a top-rated New York medical malpractice attorney? How can they help when the unthinkable happens? Let’s dive into the intricacies of this critical field and discover what makes these legal professionals the unseen heroes of our healthcare system.
What is Medical Malpractice?
Medical malpractice occurs when a medical professional’s negligence harms a patient. Whether it’s a botched surgery, misdiagnosis, or some other medical error, the consequences can be life-altering. However identifying what constitutes medical malpractice isn’t always straightforward. It requires an in-depth understanding of medical practices and standards, as well as the applicable law, making the role of a medical malpractice lawyer crucial.
How to Choose the Best Medical Malpractice Lawyer in NYC?
Choosing a medical malpractice lawyer in NYC can be daunting, especially when dealing with the emotional and physical aftermath of medical negligence. But it’s a decision that can significantly impact the outcome of your case. A top-rated New York medical malpractice lawyer
will offer more than just legal advice—they provide support, guidance, and a pathway to justice in your medical malpractice lawsuit. Here’s what to look for:
- Experience and Expertise: An experienced medical malpractice attorney will have a thorough understanding of medical and legal standards. Look for NYC medical malpractice lawyers experienced in medical malpractice cases and have a track record of successful verdicts.
- Reputation and Recognition: Seek out attorneys recognized for handling NYC medical
malpractice cases. This recognition often reflects a New York City medical malpractice lawyer’s dedication to their clients and expertise in their field.
- Client Reviews and Testimonials: Previous clients’ experiences can provide valuable insight into a New York City medical malpractice lawyer’s professionalism and effectiveness. Positive reviews and testimonials can be a good indicator of a lawyer’s ability to handle complex cases.
What Constitutes a Medical Malpractice Case in New York?
In New York, a medical malpractice case involves proving that a healthcare provider’s actions deviated from the accepted standard of care, leading to injury or death. But how does one establish this?
- Proof of Negligence: The plaintiff must demonstrate that the medical professional’s actions were negligent in the context of a medical malpractice lawsuit. This often requires expert testimony from another medical professional who can confirm that the standard of care was not met.
- Causation: It’s not enough to show that a medical error occurred; the plaintiff must also prove that the error caused an injury.
Why Are Medical Malpractice Cases So Complex?
Medical malpractice cases are notoriously complex due to several factors. First, they require a deep understanding of both medical and legal standards. Second, the burden of proof is on the plaintiff to demonstrate that the healthcare provider’s negligence caused harm. This often involves intricate medical details and expert testimony.
How Long Do You Have to File a Medical Malpractice Claim in New York?
The statute of limitations on medical malpractice cases in New York typically allows for a 2.5-year window from the date of the medical error or from the end of continuous treatment by the negligent medical professional. However, this timeframe can vary based on specific
circumstances, such as cases involving minors or foreign objects left inside a patient, or negligence in failing to diagnose cancer or a malignant tumor. Consulting with a knowledgeable medical malpractice lawyer right away is crucial to ensure timely filing.
What Are the Common Types of Medical Malpractice?
Medical malpractice can take many forms, each with its own set of legal challenges in a medical malpractice lawsuit. Some common types include medical malpractice lawsuit cases:
- Surgical Errors: These can range from wrong-site surgeries to instruments left inside the patient due to medical malpractice. Such errors can lead to severe complications and require additional surgeries.
- Misdiagnosis or Delayed Diagnosis: Incorrect or delayed diagnoses can prevent patients from receiving timely and appropriate treatment, exacerbating their condition.
- Medication Errors include prescribing the wrong medication, incorrect dosage, or failing to consider potential drug interactions.
What Role Does a Medical Malpractice Attorney Play in Your Case?
A medical malpractice attorney plays a pivotal role in navigating the complexities of your case. From gathering medical records and consulting with medical experts to negotiating settlements and representing you in court, they handle all aspects of the legal process. Their goal is to secure the compensation you deserve for the harm suffered due to medical negligence.
Can You Sue for Medical Malpractice if the Patient Dies?
Yes, in New York, the family of a deceased patient can file a wrongful death lawsuit if the death was caused by medical negligence. This type of case allows surviving family members to seek compensation for loss of financial support, loss of services, loss of parental care and guidance, and other items. The diseased person’s estate is also entitled to compensation for his or her pain suffering and mental anguish.
How Do Medical Malpractice Settlements Work?
Most medical malpractice cases in New York are settled out of court. Settlements can provide a quicker resolution and avoid the uncertainty of a trial. However, the amount offered in a settlement must adequately cover the victim’s damages, including medical expenses, lost income, and pain and suffering. An experienced medical malpractice lawyer can negotiate on your behalf to ensure a fair settlement.
What Should You Do If You Suspect Medical Malpractice?
If you suspect that you or a loved one is a victim of medical malpractice, the first step is to seek a free consultation with a top-rated New York City medical malpractice attorney. They can evaluate your case, explain your legal rights, and guide you on the best course of action. It’s essential to act quickly, as the statute of limitations for filing a medical malpractice claim in New York is limited.
The Importance of Choosing the Right Law Firm
Selecting the right law firm is critical in a medical malpractice case. A firm with a team of experienced medical malpractice lawyers and access to medical experts can provide the resources and knowledge necessary to build a strong case. They can handle the complexities of the legal process, allowing you to focus on recovery.
Final Thoughts: The Path to Justice and Recovery
Navigating the world of medical malpractice in NYC can be overwhelming. From understanding the legal nuances to dealing with the emotional and physical toll of medical negligence, the journey is challenging. However, with the right NYC medical malpractice lawyer by your side, you can navigate this path with confidence.
Key Takeaways:
- Expertise and Experience Matter: Choosing a New York City medical malpractice lawyer with experience and recognition can significantly impact your case.
- Understanding the Complexity: Medical malpractice cases require proving negligence, causation, and damages.
- Act Quickly: The statute of limitations in New York requires timely action. Consult with a lawyer as soon as you suspect malpractice.
- Settlement vs. Trial: Settlements are common in medical malpractice cases but ensure the settlement is fair and covers all damages due to medical malpractice.
- Support and Guidance: The right law firm can provide invaluable support and navigate the complexities of your case.
In the end, the goal of a medical malpractice lawyer is to ensure that justice is served and that you receive the compensation you deserve for the harm suffered. Whether through a settlement or a court verdict, the journey to recovery and justice begins with choosing the right advocate.
About KDLM New York Law
Kramer Dillof Livingston & Moore (KDLM) stands as a preeminent name in the realm of personal injury law in New York. With a team of seasoned attorneys, KDLM has a proven track record of representing clients in complex medical malpractice cases. Known for their dedication and expertise, KDLM personal injury lawyers work tirelessly to ensure that justice is served for their clients. Whether dealing with medical malpractice, catastrophic injuries, or wrongful death
claims, Kramer Dillof Livingston & Moore has earned recognition for their commitment to excellence and their unwavering support for those affected by negligence. As a leading law firm in the city, KDLM New York offers the comprehensive legal services needed to navigate the intricacies of medical malpractice law and secure the compensation victims rightfully deserve.
Notable Verdicts and Settlements
Verdicts:
- $3.6 Million
James Moore, a former prosecutor from the Brooklyn District Attorney’s office, tried his first medical malpractice action on behalf of a man who suffered urologic injury during a cystoscopy. Despite the defendants’ “no pay” position before trial, a Kings County jury awarded the plaintiff $3.6 million. - $31 Million
Judith Livingston won a $31 million wrongful death verdict for the family of a 70-year-old woman who died due to an incorrect heart procedure. The verdict, delivered by a Bronx jury, was one of the largest in New York State in 2018. - $4.6 Million
An Ulster County jury awarded $4.6 million to a widow for the wrongful death of her husband, a veterinarian who was neglected after being admitted to a local hospital. This was the largest verdict in Ulster County history for wrongful death due to medical malpractice. - $18 Million +
In 2015, the New York Law Journal recognized KDLM’s medical malpractice settlements, including the largest settlement of $18 million, followed by $9 million, and $5.4 million. These settlements ranked as the first, fourth, and twelfth largest in New York State. - $130 Million
KDLM secured $130 million for a child injured during birth due to hospital negligence, the second-largest medical malpractice verdict in New York State history. - $121 Million
A brain-damaged woman won $121 million after New York City hospitals failed to timely diagnose and treat her condition. This was the third-largest medical malpractice verdict in New York State history. - $7 Million
A jury awarded $7 million to the family of a woman who died due to a misdiagnosis of pancreatitis, believing she had ovarian cancer. The case was tried by Judith Livingston in Westchester, New York.
- $6,900,000
For a child who sustained neurologic injuries due to medical malpractice around the time of birth. - $14,000,000
For a child who sustained neurologic injuries as a result of medical malpractice around the time of birth. - $5,768,684
For a Suffolk County child who sustained neurologic injuries as a result of medical malpractice around the time of birth. - $5,472,285
For a child who sustained neurologic injuries as a result of medical malpractice around the time of birth. - $6,600,000
For a Suffolk County child who sustained neurologic injuries as a result of medical malpractice around the time of birth. - $7,407,708
For a Westchester County child who sustained Erb’s palsy and significant delays as a result of medical malpractice around the time of birth.