Individuals who need medical treatment put their lives in the hands of doctors and other medical professionals and trust them to provide quality care. However, errors and accidents during medical exams and procedures can occur that result in devastating consequences. If you were injured because of the negligence of a doctor, hospital, or other medical provider, you may have grounds for a medical malpractice lawsuit.
The law office of Michael LoGiudice routinely fights for victims of medical malpractice in the greater New York area. We will offer you compassion and knowledge and fight for your right to just compensation.
What is Medical Malpractice?
A doctor who fails to provide the appropriate standard of care and causes injury to a patient may be found negligent. This is the type of care that a reasonably skilled physician or other medical professional would have provided under the same circumstances. Medical malpractice can be the result of:
- Delayed diagnosis
- Failure to diagnose
- Surgical errors
- Post-surgical infections
- Medication errors
- Medical device injuries
- Anesthesia errors
- Emergency room errors
- Birth injuries
- Nursing home negligence
- Lack of informed consent
What are the grounds for a Medical Malpractice lawsuit?
In order to bring a medical malpractice case in New York, it is necessary to demonstrate that:
- A doctor-patient relationship existed – This means you retained the services of the doctor and the doctor agreed to see and treat you.
- The doctor was negligent – You must show that the doctor caused you harm in a way that a competent doctor, under similar circumstances, would not have. The doctor’s care must be reasonably skillful and careful.
- The doctor’s negligence caused the injury – You must show that it is more likely than not that the doctor’s incompetence directly caused the injury. This usually requires the testimony of a medical expert.
- The injury led to specific damages – You must have suffered harm such as physical pain, mental anguish, additional medical bills, and lost work and lost earnings.
What is Informed Consent?
A medical malpractice case can also be brought if a doctor or medical professional fails to obtain the “informed consent” of an injured patient. This means the doctor must inform the patient of the possible risks, benefits and alternatives to any treatment, surgery or medical procedure, and obtain the patient’s written consent to continue.
How long do I have to file a medical malpractice lawsuit in New York?
A medical malpractice claim must be filed within 2 ½ years from the date of the alleged negligence that caused the patient’s injury. If the injury was caused by a foreign object left inside the body, however, the claim must be filed within one year of the date the object was found, or should have been found, whichever comes first. Lastly, if you were injured in a public hospital, such as a facility operated by the New York City Health and Hospital Corporation, it is necessary to file a Notice of Claim within 90 days of alleged malpractice.
Medical Malpractice Damages in New York
In a medical malpractice case, injury victims may be entitled to recover three types of damages. First, compensatory damages are designed to cover medical costs, lost wages, and other economic damages. Further, victims may also be entitled to non-economic damages to compensate victims for pain and suffering. Finally, punitive damages may be awarded if it can be demonstrated that the doctor or healthcare provider acted recklessly, or with malice or fraud.
Dedicated New York Medical Malpractice Attorney
Pursuing a medical malpractice claim can be quite complicated and proving negligence is difficult. These cases require a thorough investigation that involves obtaining and analyzing all the relevant medical records, and success often hinges on the testimony of expert witnesses. Before a medical malpractice lawsuit can be filed in New York, the injured patient must obtain a doctor’s opinion that medical malpractice occurred.
Being injured by the negligence of a doctor, hospital or other medical professionals can have lifelong consequences. For this reason, it is crucial to engage the services of an experienced medical malpractice attorney who can fight for your rights. The law office of Michael LoGiudice has a proven track record of helping victims of medical negligence. Call our office today or fill out a contact form for a free consultation.
The law office of Michael LoGiudice serves clients in Manhattan, Queens, Brooklyn, the Bronx, and Westchester, Putnam, Dutchess, Nassau and Suffolk Counties.