New York City Medical Malpractice Lawyers

Doctors and other medical professionals have a responsibility to provide a standard level of care to patients and ensure that patients are never exposed to unreasonable or unnecessary health risks. Unfortunately, doctors do not always live up to this responsibility and patients are the ones who are left to deal with the physical and financial burdens.

It takes an experienced New York City medical malpractice attorney to define the applicable standard of care, to show how those standards were violated and to pursue a claim of medical malpractice after establishing a clear link between the negligence and the resulting injuries. At the New York City law firm of Paul B. Weitz & Associates, PC, we are equipped to handle medical malpractice cases in New York and have recovered significant verdicts and settlements on behalf of our clients.

Contact our experienced and proven NYC medical malpractice lawyers for a FREE consultation at 646-916-3179 or send us an email.

Experienced New York City Medical Malpractice Attorneys

When a health care professional ignores the medical duty of care and it results in a medical error, it puts patients at risk. At Paul B. Weitz & Associates, PC, our attorneys handle various medical malpractice cases, including but not limited to the following:

• Wrongful death cases, such as hospital-acquired infections or surgical errors
• Prescription, pharmacy or medication errors, including overdose, dispensing errors, allergic reactions to medications and drug interactions that can be harmful or even fatal
• Birth injuries, such as brachial plexus injuries, spinal cord injuries and those due to preeclampsia
• Cerebral palsy and Erb’s palsy resulting from birth asphyxia or traumatic deliveries
• Errors resulting from surgery, like surgical site infections, retained surgical instruments and other mistakes by physicians, hospitals and outpatient facilities
• Anesthesia errors, including overdose and allergic reactions to anesthesia during surgery
• Postoperative care errors, such as hospital-acquired infections or respiratory distress
• Strokes or brain injuries caused by mistakes during surgery or failure to diagnose in the emergency room
• Radiology errors like misread X-rays or CT scans that may lead to misdiagnosis or delayed diagnosis
• Delayed or missed diagnosis of cancer or other medical conditions
• Misdiagnosis of an illness or injury that can result in inappropriate medical treatment or delayed care for conditions like gestational diabetes, stroke and heart disease
• Nurse malpractice, including medication errors and failure to monitor patients for signs of distress
• Nursing home abuse and malpractice encompassing physical abuse, emotional abuse or neglect of patients

Instances of medical carelessness or negligence can have devastating consequences, which may lead to life-altering and even fatal injuries. If you suspect that substandard medical care has caused harm to you or a loved one, we are here to support you. We can guide you in exploring your options and determining whether pursuing a claim is in your best interest.

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What Factors Must Be Present For Something To Be Considered Medical Malpractice In New York?

Four crucial elements must be present to bring a medical malpractice claim against a provider:

• The provider owed a professional duty to the patient.
• The provider breached their duty.
• The breach of duty caused harm to the patient.
• The patient suffered economic or noneconomic losses.

Patients should consult a medical malpractice attorney to determine if they have a valid claim if all these elements are present.

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What Steps Should You Take If You Believe You Are A Victim Of Medical Malpractice In New York City?

It is crucial to take immediate action to protect your rights if you believe that you or a loved one is a medical malpractice victim. You can consider the following steps:

• Seek medical attention to address any ongoing medical issues.
• Document all medical records and treatment, including medications, test results and diagnoses.
• Keep a journal or log of symptoms, pain and emotional distress.
• Research the standard of care for your medical condition to understand what constitutes negligence.
• Consult with a skilled and seasoned medical malpractice attorney to discuss your options.

Time is of the essence in cases involving medical malpractice. The sooner you take action, the better equipped you can be to pursue justice and financial compensation for your injuries.

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Understanding The Process For A Medical Malpractice Lawsuit

The stages of a medical malpractice lawsuit are as follows:

• Gaining legal representation
• Getting the opinion of a medical expert
• Filing the lawsuit
• Discovery
• Settlement or trial

The first and most critical step in the process is to gain legal representation from an experienced NYC medical malpractice lawyer like the ones at Paul B. Weitz & Associates, PC.

Once we have established a professional relationship, we will consult one of our expert medical partners to certify the merit of your claim.

The certificate of merit is among the documents we submit when we formally file your medical malpractice lawsuit with the court.

During the discovery process, both sides will exchange further information to resolve the lawsuit. You may need to answer questions from the other side and provide documents like medical files and billing records.

Medical malpractice lawsuits are often settled outside of court. If successful, you could receive compensation for the medical expenses and the pain and suffering you endured resulting from the provider’s negligence.

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Who Can Be Held Responsible For Medical Malpractice?

In New York, medical malpractice claims aim to hold everyone involved in the negligent act accountable. Doctors, nurses and even the clinic or hospital where the incident occurred could be held responsible.

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What Are Common Reasons Medical Malpractice Occurs?

A variety of factors can cause medical errors. Not every instance of medical malpractice is deliberate; it can be accidental if the practitioner’s actions deviate from the expected duty of care. Some examples of common causes of medical malpractice include:

• Drug or alcohol use
• Failure to order tests
• Fatigue
• Rushing
• Failure to take patient history
• Lack of training
• Equipment failure
• Improper documentation

In certain cases, two or more contributing factors may exist.

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Is There A Difference Between Medical Negligence And Medical Malpractice?

While often used interchangeably, medical negligence and medical malpractice are related but distinct concepts. Medical negligence refers to a health care provider’s failure to meet the standard of care, resulting in harm to a patient. On the other hand, medical malpractice refers to the broader legal concept of breaching the standard of care that includes medical negligence and other forms of wrongdoing, such as intentional misconduct or reckless behavior.

Medical negligence is a type of conduct that can lead to a medical malpractice claim. Further, medical negligence is a key element of a medical malpractice claim, but not all medical negligence claims can rise to the level of medical malpractice. This would depend on the actions and intentions of the medical professionals involved and other specific circumstances of the case.

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Is There A Cap On Damages For New York Medical Malpractice Claims?

New York state does not put a cap on the compensation you can recover from a medical malpractice claim.

Given that damage caps do not apply in New York medical malpractice claims, you have the potential to maximize your compensation. It means presenting a solid case backed by strong evidence that demonstrates the extent of your injuries, the negligence of the healthcare provider and the impact their actions have had on your life.

It also helps to make an informed decision when offered an out-of-court settlement. Remember, you can always seek legal recourse if there are disputes over compensation or other issues with your claim as long as you are within the stipulated deadline.

Seeking qualified legal guidance can help you navigate these and other complexities of a medical malpractice claim and protect your interests.

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What Is The Statute Of Limitations For A Medical Malpractice Lawsuit In New York?

You have two years and six months from the date of the incident to file your claim. If you miss this cutoff period, you lose the right to recover compensation for your damages.

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What Types Of Compensation Can You Receive In A Medical Malpractice Claim?

The damages available in a medical negligence claim can include:

• Medical bills
• Prescription medications
• Rehabilitative therapy
• Lost wages
• Loss of earning potential
• Pain and suffering

Some claims may also involve punitive damages intended to punish the negligence at hand.

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What Are The Best Questions To Ask During A Consultation With A New York City Medical Malpractice Lawyer?

When considering a medical malpractice case, it is vital to ask questions that can help you determine if the attorney understands your needs and has the knowledge and experience to handle your case. Asking these questions may help you decide on the advocate who can guide you on the path to seeking justice:

• What experience do you have handling medical malpractice cases similar to mine?
• What are the strengths and weaknesses of my case?
• How will you communicate with me during the entire legal process?
• What are the potential outcomes of my case, and what can I expect in terms of compensation?
• What are your options for handling negotiations with the insurance company or health care provider?

By asking these questions, you can gain a better understanding of the attorney’s approach and what to expect from the legal process. The consultation is your opportunity not just to ask questions but to get a sense of whether you are comfortable with working with the attorney.

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How Can A New York City Medical Malpractice Lawyer From Paul B. Weitz & Associates, PC, Help?

You are in good hands when you work with our skilled and experienced medical malpractice attorneys. We will put together a strong, well-supported legal argument and hold everyone who caused or contributed to your pain and suffering responsible. We will fight to get you the maximum compensation after everything you have endured. 

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What Is A Certificate Of Merit In A New York Medical Malpractice Claim?

Essentially, a certificate of merit is nothing more than a document that says you and your attorney have consulted with a physician and that physician is willing to go on record by stating that there’s a reasonable basis for your claim.

Its purpose, in theory, is to weed out frivolous claims and folks looking for a “jackpot” over something that couldn’t be helped. In practice, it serves as a way to discourage many people who might have valid claims from even trying to pursue the compensation they are fairly due.

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Does A Certificate Of Merit Mean You Win Your Case?

Absolutely not. A certificate of merit is best viewed as a necessary step or a barrier that must be overcome before you can file a lawsuit — and nothing more.

While the doctor who consults on your claim may have a clear opinion about the case, you can bet that the defending insurance company will find a doctor of their own to counter the arguments you present.

When your loved one is killed by a doctor’s mistake or a hospital’s negligence, don’t hesitate to take action. A consultation with an experienced medical malpractice attorney should take place as quickly as possible to protect your interests.

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Learn More About Our Experienced Medical Malpractice Representation In New York City

Medical malpractice claims are complex. The first step is to speak with a lawyer about your rights. Contact our office in New York City to schedule a free initial consultation with Paul B. Weitz & Associates, PC. Call us at 646-916-3179 to make an appointment. Se habla español.