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, show how those standards were violated and 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 New York City 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 hypoxia 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 personal injury lawyer to determine if they have a valid claim if all these elements are present.

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What Should You Do 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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What Are The Steps In A Medical Malpractice Lawsuit In New York City?

The stages of a medical malpractice lawsuit are as follows:

Gaining Legal Representation

The first step in pursuing a medical malpractice claim is to secure legal representation from an experienced attorney. A skilled lawyer will help you navigate the complexities of the legal system, ensuring that your rights are protected. They will assess the details of your case, advise you on the best course of action and begin building a strong case on your behalf.

Getting the Opinion of a Medical Expert

Obtaining a medical expert’s opinion is crucial in establishing the validity of your claim. This expert will review your medical records and the circumstances of your case to determine whether the standard of care was breached. Their testimony can provide the necessary evidence to support your allegations of negligence and is often required for a certificate of merit.

Filing the Lawsuit

Once the necessary groundwork is laid, your attorney will file a formal lawsuit in court. This involves drafting a complaint that outlines the specifics of your case, including the alleged negligence and the harm you have suffered. Filing the lawsuit officially initiates the legal process and sets the stage for pursuing compensation.

Discovery

The discovery phase is a critical part of the litigation process where both parties exchange information relevant to the case. This may include medical records, depositions and interrogatories. Discovery allows both sides to gather evidence, understand the opposing party’s position and build their respective cases.

Settlement or Trial

After discovery, the case may proceed to settlement negotiations or trial. Many medical malpractice cases are resolved through settlements, where both parties agree on compensation without going to court. If a settlement cannot be reached, the case will go to trial, where a judge or jury will determine the outcome based on the evidence presented and expert witnesses.

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Who Can Be Held Responsible For Medical Malpractice?

In New York, medical malpractice claims aim to hold every medical provider involved in the negligent act accountable. Doctors, nurses and even the clinic or hospital where the medical procedure 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 law 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 health care provider and the impact their actions have had on your enjoyment of 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 fair 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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Are Medical Malpractice Settlements Taxable In New York City?

Understanding the tax implications of a medical malpractice settlement in New York City is crucial for any recipient. Generally, compensatory damages received for personal physical injuries or sickness are not considered taxable income under both federal and New York state tax laws. This means that if you receive compensation for medical expenses, pain and suffering, or emotional distress directly linked to a physical injury, this portion of your settlement is typically exempt from taxation.

However, there are exceptions to this rule. For instance, if your settlement includes punitive damages, these are usually taxable. Punitive damages are awarded to punish the defendant for particularly egregious behavior and are considered income by the IRS and New York tax authorities. Additionally, any interest accrued on the settlement amount is also subject to taxation.

It’s important to differentiate between the types of damages included in your settlement to accurately assess your tax obligations. For example, if you received a portion of your settlement as compensation for lost wages, this amount may be taxable since it replaces income that would have been subject to taxes. Similarly, if your settlement covers nonphysical claims such as defamation or discrimination, those amounts could also be taxable.

Given the complexities of tax law, consulting with a tax professional or accountant is advisable to ensure compliance with all applicable tax regulations. They can provide personalized advice based on the specifics of your settlement and help you navigate any potential tax liabilities.

Properly understanding and managing the tax aspects of your medical malpractice settlement can help you make informed financial decisions and avoid unexpected tax bills.

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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. However, under the discovery rule exception, if the injury was not immediately apparent, the statute of limitations may be extended. This means the clock starts ticking from the date the injury was discovered or reasonably should have been discovered, allowing for some flexibility in certain cases.

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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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How To Pick A Medical Malpractice Lawyer In NYC

Choosing an experienced medical malpractice lawyer in New York City is crucial for complex medical malpractice litigation. Look for an attorney with extensive experience in:

• Emergency room errors: Mistakes made during urgent care that can lead to significant harm
• Delayed treatment: Failure to provide timely care, worsening a patient’s condition
• Hospital negligence: Errors due to improper protocols or lack of oversight within hospitals
• Surgical tools left inside patients: Careless errors during surgery causing severe complications
• Misdiagnosis: Incorrect identification of medical conditions, resulting in ineffective treatments.

Also look for a strong track record of successful legal claims to assess their ability to secure compensation. Additionally, a lawyer well-versed in professional standards and acceptable standards of care can be pivotal in proving negligence.

Our legal team stands out for the numerous honors we have earned, reflecting our steadfast commitment to victim rights. Our accolades include recognition from Super Lawyers and Best Lawyers, signifying a deep dedication to justice.

These achievements showcase our ability to handle intricate cases involving health care providers and health care professionals. With the knowledge gained from our years of handling high-profile cases, we are well-prepared to address even the most complex legal matters.

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Do Medical Malpractice Cases Usually Settle?

Most medical malpractice cases do settle before they reach trial. According to the New York City Comptroller’s Annual Claims Report, in fiscal year 2022, medical malpractice settlements accounted for a substantial share of the $688.4 million paid out for injury and property damage claims.

Settling often provides quicker resolutions and reduces the emotional toll of prolonged litigation. However, achieving a fair settlement requires a skilled attorney who can negotiate effectively and present compelling evidence of hospital negligence, inadequate staffing or errors involving surgical tools.

Our legal team knows what it takes to secure favorable settlements, but we also prepare for litigation in case it becomes necessary. Our dedication and extensive experience allow us to pursue damages such as medical expenses, lost wages and loss of enjoyment of life for those harmed by medical negligence.

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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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Areas Our New York Medical Malpractice Lawyers Serve

Our lawyers proudly serve the injured across the five New York City boroughs:

• The Bronx
• Brooklyn
• Queens
• Manhattan
• Staten Island

We also fight for those impacted by medical negligence throughout New York state. Our experienced medical malpractice lawyers in NYC stand ready to assist with your case.

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Learn More About How Our Experienced NYC Medical Malpractice Attorneys Can Help During A Free Consultation

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.