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Medical Malpractice

Medical malpractice award for brain-damaged infant.


Medical Malpractice

Infant suffered brain damage.


Medical Malpractice

Infant suffered brain damage during delivery.

New York Medical Malpractice Lawyers Assisting With Hospital Malpractice And Medical Negligence Claims

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 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.

Experienced New York Medical Malpractice Attorneys

When a medical provider 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 lawyers can handle cases involving medical malpractice that include, but are not limited to:

Every episode of medical negligence or carelessness has the potential to cause catastrophic, life-changing and sometimes fatal injuries. If you believe that malpractice in your medical care is to blame for injuries to you or to someone you love, we can help you understand your options and whether it is in your best interest to pursue a claim.

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.

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 medical malpractice attorney 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.

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.

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.

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.

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.

What Types Of Compensation Can I Receive In A Medical Malpractice Case?

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.

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

You are in good hands when you work with our skilled and experienced 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. 

Learn More About Our Experienced Malpractice Representation

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.