Medical Malpractice Attorney
We trust physicians and medical care professionals to follow the standards of their profession. Unfortunately, thousands of individuals in New York and across the country are injured by medical errors each year. When these errors were the result of negligence, victims may be able to file a medical malpractice claim to recover their added medical costs and other losses.
Medical malpractice claims are difficult to pursue, and many have to end up going to court in order to seek a fair amount of compensation. The burden of proof on the injury victim is high, and the proof itself is based on professional standards, rules, and laws that may be difficult for the average person to understand.
Hiring an experienced medical malpractice lawyer in New York ensures that you have the resources and skillset at your disposal to build a strong case.
The New York Personal Injury & No-fault Collections Law Firm, P.C. can give you the aggressive legal representation you need to file a claim that insurers will take seriously and, if need be, fight for your case in court.
Speak with a New York medical malpractice lawyer for free during a no-obligation initial case review. Call 1-833-TONALAW or contact us online to schedule your free case evaluation today.
Medical Malpractice and Physician Errors Cost Thousands of Lives Each Year
250,000 patients die each year from medical errors. That’s according to a comprehensive review of patient safety data from 2007-2015 by experts from Johns Hopkins University.
Some of these errors are considered acceptable by the medical community because the treating physician followed all of the normal standards of care. Even if a doctor made a huge mistake or a risky decision if they followed protocol they may not be held responsible for the consequences of their error.
However, when physicians fail to follow the standard of patient care and that lapse in their duty of care caused harm to a patient, that patient may be able to file a medical malpractice claim.
Sometimes, insurance companies will deny a medical malpractice claim or offer an unfair amount and refuse to negotiate. In these cases, your New York medical malpractice attorney will file a lawsuit and sue the insurance company to seek a fair settlement.
The New York Personal Injury & No-fault Collections Law Firm, P.C. is highly experienced with trial litigation for medical malpractice lawsuits. We have tried many types of cases in various county court systems on New York and in NYC. We are not afraid to aggressively represent your interests and use any legal tactics available to seek the full, fair amount for your settlement.
Types of Damages Available for Medical Malpractice in New York
A medical malpractice settlement is supposed to compensate you for all of your costs and other losses that resulted directly from the provider’s medical error. These losses are legally referred to as “damages.”
Damages commonly awarded in a medical malpractice claim include:
- The cost of medical treatment, past and future, for adverse conditions caused by the medical error
- Lost income from the patient missing work because of the medical error
- Out of pocket expenses the patient paid related to their treatment
- The patient’s pain and suffering
- If the patient is deceased, funeral and burial costs
Medical malpractice claims will ideally result in a settlement with the insurance company covering the offending healthcare provider.
When no settlement agreement can be reached, your attorney will attempt to resolve your case through mediation. Some cases may advance to arbitration or, preferably, a jury trial. If the injured patient (or their surviving family members) can convince the jury that the provider was negligent and that their damages are reasonable and directly related to the medical injury, then the jury will award the patient with compensation for their damages.
In some cases, medical malpractice lawsuit damages will include “punitive damages,” which is an extra part of the award that acts as a fine meant to punish the provider and send a message to others in the future.
Proving Your Medical Malpractice Claim
To succeed in your medical malpractice claim (or lawsuit), you will have to be able to prove with evidence that the medical provider acted negligently. You must also be able to show that this negligence directly caused your medical injury.
This legal process is similar to other negligence cases, which must establish four main things:
- Duty of Care: The defendant had a duty of care to follow laws and exercise ordinary care as a reasonable person would
- Breach: The defendant breached their duty of care, either by breaking the law, committing an act that went against their professional standard of care, or failing to act in a way that would uphold their duty of care
- Proximate Cause of Injury: The defendant’s breach directly caused the plaintiff’s injury
- Damages: The plaintiff’s injury resulted in financial costs and other damages that they wish to recoup through the legal system
Your lawyer will use the medical profession’s own standards of care to establish your treating provider’s duty and how they breached it.
Standards of care in medicine are complex and vary from patient case to patient case. As such, some mistakes are considered less acceptable than others. Some mistakes also fall in a gray area, requiring the input of trained medical professionals who have a high level of knowledge of medical standards and the procedures or treatment process that should have been used.
The New York Personal Injury & No-fault Collections Law Firm, P.C. works with seasoned doctors, medical administrators, and other highly educated and experienced professionals to investigate your medical accident and provide evidence that your provider violated their duty of care. We also thoroughly review all of your medical bills and other costs after your accident in order to seek the maximum amount of compensation available for your injuries.
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Contact a Medical Malpractice Lawyer in New York at The New York Personal Injury & No-fault Collections Law Firm, P.C. Now
You may have no idea how much your case is worth and what legal strategies are needed to help you win if you don’t use your right to appoint an attorney. New York medical malpractice lawyers at The New York Personal Injury & No-fault Collections Law Firm, P.C. are ready and waiting to take on your case.
We never charge you for our service unless we obtain money for you.
Talk to an experienced medical malpractice attorney during a free, no-obligation consultation to learn more about your legal rights and options.
Call 1-833-TONALAW or contact us online now to schedule your appointment.