In the bustling landscape of New York City, the medical field can sometimes be a double-edged sword. While many healthcare providers deliver exemplary care, there are instances when medical negligence leads to severe consequences. The mission of a medical malpractice lawyer is to seek justice for those who have suffered from medical errors. This blog post delves into the intricacies of medical malpractice cases, providing a guide to navigating the legal labyrinth of New York medical malpractice litigation. From understanding what constitutes a medical malpractice lawsuit to exploring the role of a medical malpractice attorney or a top medical malpractice lawyer, we’ll cover it all. Let’s dive in!
What Is a Medical Malpractice Lawyer and Why Would You Need One?
A medical malpractice lawyer represents clients who have been injured due to the negligence of medical professionals. Whether it’s a misdiagnosis, a botched surgery, or another medical error, these attorneys play a crucial role in ensuring justice is served. The complexities of medical malpractice law require expertise in both the medical and legal fields, making a highly experienced medical malpractice lawyer indispensable for a successful claim.
Importance of Legal Representation
Navigating the legal waters of a medical malpractice case can be overwhelming. An experienced, seasoned attorney can provide clarity, offer a free consultation, and evaluate the merits of your claim. They help you understand the nuances of medical malpractice lawsuits, from the initial filing of a complaint to the final verdict in a New York state court. This puts you in the best position to receive full compensation for your injuries.
Understanding Medical Malpractice in New York
The law of New York protects patients from substandard medical care. These laws outline the responsibilities of healthcare providers and the legal avenues available to victims of medical malpractice, including personal injury claims. In New York, medical malpractice claims can arise from various situations, including failure to diagnose, surgical errors, inadequate follow-up care, or mishandling of pregnancy, labor, and delivery.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a medical professional deviates from the applicable standard of care expected, leading to patient harm due to medical malpractice. This could involve negligence on the part of the healthcare provider, such as a misdiagnosis or improper treatment.
How to File a Medical Malpractice Claim
Filing a medical malpractice claim involves several crucial steps that a New York City medical malpractice lawyer can help you navigate. It’s essential to act swiftly, as the statutes of limitations can restrict the time frame in which you can file a claim. Here’s a guide to help you navigate the process with the assistance of a New York medical malpractice lawyer:
- Consult a Medical Malpractice Attorney: Begin with a free consultation to assess whether you have a viable claim.
- Review of Medical Records: Your lawyer will review all relevant medical records, including diagnostic reports, treatment plans, and communication with healthcare providers.
- Expert Assessment: The lawyer will identify the appropriate experts to provide an objective assessment of your case, determine whether there were deviations from the standard of care, and if so, whether they caused injury.
- Filing the Lawsuit: Your attorney will draft and file a summons and complaint to initiate the lawsuit.
- Discovery Process: Attorneys from both sides will make demands for discovery, obtain pertinent documents, and conduct depositions of the plaintiffs and defendants.
- Trial Preparation: An experienced medical malpractice law firm will engage in extensive preparation well in advance of trial to ensure the greatest chances of success if the case is tried to verdict.
- Trial/Settlement: A highly qualified trial lawyer with extensive experience in medical malpractice cases who is prepared to try your case to verdict is critical to a successful outcome, whether that outcome be a jury verdict or a settlement.
Questions to Ask Your Medical Malpractice Lawyer
Choosing the right medical malpractice lawyer is crucial for the success of your case. Here are some essential questions to ask during your initial consultation:
- Experience and Specialization: How many medical malpractice cases have you handled? How many trials, and how many have gone to verdict? What were the outcomes?
- Case Strategy: How do you plan to approach my case? What are the potential challenges?
Navigating a medical malpractice case can be challenging, but with the right medical malpractice attorney by your side, you can seek justice and obtain the compensation you deserve. Whether you’re in the early stages of a potential claim or looking to understand more about the legal process, this guide aims to provide clarity and support. Always consult with a qualified attorney to explore your options and ensure your rights are protected.
About Kramer Dillof Livingston & Moore (KDLM)
Kramer Dillof Livingston & Moore (KDLM) is a renowned law firm in New York that is widely recognized for its expertise in personal injury law. With a legacy of excellence, KDLM has established itself as a leader in the legal community, particularly in medical malpractice and personal injury cases. The firm’s lawyers, including Thomas A. Moore and Judith A. Livingston, are considered among the best personal injury lawyers in NYC. KDLM’s commitment to justice and exceptional legal representation has earned them a stellar reputation, making them a top choice for clients seeking the highest level of advocacy. Whether referred to as Kramer Dillof Livingston & Moore, Kramer Dillof, or simply KDLM, the firm’s unwavering dedication to their client’s rights is evident in every case they handle, if you’re in need of a personal injury lawyer in New York, look no further than KDLM for expert guidance and support.
Notable Verdicts and Settlements
- $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.