Personal injury lawyer: The unfortunate reality of medical malpractice remains a persistent concern in the bustling metropolis of New York City, where healthcare services are in high demand. Medical malpractice occurs when a healthcare professional fails to adhere to the accepted standard of care, causing harm to a patient. These lapses in care can be devastating, leaving patients with physical injuries, emotional distress, and financial hardship.
Identifying Signs of Medical Malpractice
You have the right to safe and competent medical care as a patient. Recognizing potential signs of medical malpractice is critical to protecting your health. Keep an eye out for:
- Unanticipated complications: Complications that were not anticipated or explained during treatment.
- Delayed or incorrect diagnosis: Dealing with diagnostic delays or receiving an incorrect diagnosis has a negative impact on your health.
- Inadequate treatment: Feeling that the treatment you received was insufficient or did not adequately address your condition.
Seeking Legal Representation for Medical Malpractice Claims
In the event of suspected medical malpractice, it is critical to seek legal representation from a personal injury lawyer who specializes in medical malpractice. These legal professionals have the knowledge, experience, and resources to guide you through the complexities of medical malpractice litigation and fight for your rights.
Consider the following factors when selecting a medical malpractice attorney:
- Experience: Years of handling medical malpractice cases demonstrating an understanding of the legal complexities
- Expertise: Thorough understanding of medical malpractice law and procedures, ensuring that they can effectively present your case.
- Reputation: Recognition from peers and clients for handling medical malpractice cases successfully.
The Medical Malpractice Litigation Process in New York
The medical malpractice litigation process in New York is divided into several stages:
- Pre-filing procedures: gathering medical records, consulting with medical experts, and determining the strength of your case
- Filing a complaint: Start formal legal action by filing a complaint with the court outlining the specifics of your malpractice claim.
- Discovery: The exchange of information between parties, such as medical records, expert witness reports, and depositions.
- Trial: Presenting evidence and arguments to a judge or jury to determine the merits of your claim.
Expert witnesses, who are usually medical professionals with specialized knowledge, play an important role in medical malpractice cases. They provide expert opinions on the standard of care, the deviation from that standard by the healthcare provider, and the causal link between the negligence and the patient’s injury.
Mediation and arbitration are two types of alternative dispute resolution (ADR) methods that may be useful in medical malpractice cases. ADR can help to achieve a quicker and more amicable resolution while avoiding the costs and uncertainties of a full-fledged trial.
Compensation for Medical Malpractice Victims
Victims of medical malpractice may be eligible for a variety of compensation options:
- Economic damages: Compensation for medical expenses, lost wages, and other measurable financial losses.
- Non-economic damages: Payment for pain and suffering, emotional distress, and reduced quality of life.
- Punitive damages: Awarded as punishment for the healthcare provider in cases of gross negligence or intentional wrongdoing.
In medical malpractice cases, the amount of damages awarded varies depending on the severity of the injury, the impact on the patient’s life, and the strength of the evidence supporting the claim. A skilled medical malpractice attorney will aggressively negotiate for a fair settlement or pursue a successful trial outcome.
To find legal representation for a medical malpractice case in New York City, consider reaching out to experienced attorneys like James Rubinowitz of The Perecman Firm, PLLC, Peter Briskin of Silberstein, Awad & Miklos, P.C., or Wingate, Russotti, Shapiro & Halperin, LLP.
What is the average medical malpractice settlement in NY?
The average medical malpractice settlement in New York was $460,948.18 in 2021. Several factors affect the settlement amount, including injury severity, permanence, medical treatment costs, lost wages, and pain and suffering. If you’ve been injured due to medical malpractice, consult an experienced personal injury attorney.
How much do medical malpractice lawyers make in NYC?
- Medical malpractice lawyers in NYC typically earn an average annual salary of $140,239.
- Several factors affect the salary, including experience, expertise, location, and the type of cases they handle.
- More experienced lawyers, those with specialized expertise, and those handling high-value cases typically earn more.
How long to sue for medical malpractice in NY?
In New York, the statute of limitations for medical malpractice is two years and six months from the date of the alleged negligence or from the end of continuous treatment by the party you plan to sue for alleged negligence. This means that you have 30 months to file a lawsuit against a healthcare provider for medical malpractice. There are a few exceptions to this two-year-and-six-month rule. For example, if the patient was a minor at the time of the alleged negligence, the statute of limitations does not begin to run until the patient turns 18. Additionally, if the patient did not discover the negligence until after the two-year-and-six-month period has passed, the patient may still be able to file a lawsuit if they file it within one year of discovering the negligence.