Top Medical Malpractice Attorneys in New York
Injured New Yorkers: If you’re looking for a top Medical Malpractice attorney, you are on the right website. At Kramer, Dillof, Livingston & Moore (KDLM), we have extensive experience in medical malpractice law and are dedicated to ensuring that our clients get the best results.
What is medical malpractice?
Medical malpractice is when a patient is harmed by a doctor, nurse, or other health care professional – either through omission or a negligent act – that results in injury and/or death.
What are the types of Medical Malpractice?
The most common types of medical malpractice are:
1. Failure to Diagnose (Misdiagnosis)
This is perhaps the most common and dangerous type of malpractice. It occurs when a doctor fails to identify a life-threatening illness or provides an incorrect diagnosis.
- The Impact: The patient loses critical time to begin treatment, allowing the condition (such as cancer or a heart attack) to worsen.
- Common Examples: Failing to order a biopsy, misinterpreting an X-ray, or dismissing symptoms of a stroke as a minor headache.
2. Surgical Errors
Surgical malpractice involves mistakes made during an operation that a competent surgeon would have avoided.
- Never Events: These are errors that should never happen, such as performing surgery on the wrong body part or leaving surgical instruments (like sponges) inside a patient.
- Other Errors: Accidental puncturing of internal organs, damaging nerves, or using non-sterile equipment leading to severe infection.
3. Birth Injuries
These cases involve negligence during pregnancy, labor, or delivery that results in permanent injury to the infant or the mother.
- For the Infant: Failure to monitor fetal distress, improper use of forceps, or delayed C-sections can lead to Cerebral Palsy, Erb’s Palsy, or brain damage due to oxygen deprivation.
- For the Mother: Failure to diagnose preeclampsia or managing post-birth hemorrhaging.
4. Medication Errors
This category covers mistakes in prescribing, dispensing, or administering drugs.
- Dosage Errors: Giving too much (overdose) or too little of a medication.
- Wrong Drug: Administering a drug the patient is allergic to or one that has a dangerous interaction with their current prescriptions.
- Failure to Monitor: Not checking a patient’s reaction to a potent drug like an anticoagulant.
5. Anesthesia Errors
Even a small mistake by an anesthesiologist can be fatal or cause permanent brain damage.
The Risks: Failing to review a patient’s medical history, giving too much anesthesia, or failing to monitor vital signs while the patient is sedated.
6. Failure to Warn (Informed Consent)
Doctors have a legal duty to inform patients of the known risks of a procedure.
The Violation: If a doctor performs a procedure without explaining the potential complications, and the patient is injured by one of those risks, the doctor can be held liable—even if the surgery itself was performed perfectly.
What are the most common types of medical malpractice lawsuits in New York?
In the legal landscape of New York, medical negligence cases arise from various errors, yet certain patterns remain more prevalent than others. The most common types of medical malpractice lawsuits in New York typically involve a failure to diagnose life-threatening conditions like cancer or heart attacks, surgical errors such as operating on the wrong site, and birth injuries caused by improper delivery techniques. Additionally, medication errors—including incorrect dosages—and emergency room negligence are frequent grounds for litigation. These cases often hinge on a healthcare provider’s failure to meet the accepted “standard of care,” resulting in significant harm or wrongful death for the patient.
How will KDLM handle your medical malpractice case?
When our NY personal injury law firm takes on a med mal case, we are known for our client dedication, aggressive advocacy, and unmatched trial skills because we want to find justice for those who have unjustly suffered from medical malpractice.
Two of our senior partners, Thomas Moore and Matthew Gaier, have handled many medical malpractice cases and they frequently write medical malpractice articles on Law.com to share their expert knowledge. In addition to having a team of competent med mal attorneys, we also have a full-time, in-house doctor and three nurses, plus access to some of the top medical experts in the country.
We have secured over $1 billion in verdicts and settlements. Some of our recent settlements include:
- $7,000,000 for injuries and wrongful death of a 33-year-old man as a result of failure to diagnose and treat post-operative bleeding following a laparoscopic appendectomy.
- $6,900,000 for a child who sustained neurologic injuries as a result of medical malpractice around the time of birth.
- $8,300,000 for the wrongful death of a 57-year-old man following dental implant surgery.
- $2,300,000 for a child who sustained injuries as a result of a delay in diagnosing congenital hip dysplasia.
View more of our recent settlements here.
Our New York medical malpractice attorneys are prepared to handle medical malpractice cases involving:
- Birth injuries
- Cerebral Palsy / Brain Injuries
- Surgical errors
- Medication errors
- Emergency room errors
- Nursing errors
- Failure to diagnose / misdiagnosis
If you or a loved one has suffered from medical malpractice, contact KDLM to discuss your medical injury with one of our med mal attorneys – call (212) 618-6800 or fill out this online form.
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