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Hurt by Medical Negligence? We Can Help

Medical malpractice happens too often, and leaves victims with potentially life changing injuries and losses. Plus, medical malpractices cases themselves are complicated with insurance companies looking for any reason to pay victims less.

Fortunately, the team of experienced NYC medical injury attorneys at Hecht, Kleeger & Damashek, P.C. understand the nuances of these cases. We are dedicated to helping victims navigate the aftermath, aiming to secure all the compensation you deserve.

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New York Medical Malpractice Law

The term “medical malpractice” refers to any negligent act committed by a medical professional. You might assume that medical malpractice only involves doctors, but careless pharmacists, nurses, and physicians can be held liable for patient injuries, illnesses, and deaths too.

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Standards of Care & Hospital Negligence

Sometimes, a doctor can be charged with gross negligence if you can prove that he or she should have been able to perform the procedure or administer the medication correctly under normal circumstances.

Liable Parties for Malpractice Claims

Doctors are not the only medical personnel that can be sued for a malpractice claim. Patients who were injured or harmed as a result of a medical procedure have the right to seek compensation from any nurse, technician, dentist, pharmacologist, staff member, hospital worker, anesthesiologist, specialist, surgeon, or caretaker that did not do his or her duty when working with you.

According to studies in The New England Journal of Medicine, obstetrician-gynecologists are defendants in approximately 19% of all medical malpractice cases and general surgeons are cited in 17% of all cases. As well, primary care physicians are cited in about 16% of all cases. Whenever you are wronged by a medical staff person or a physician, then a qualified lawyer can assist in determining who would be the most appropriate party against whom to file suit, or if it would be a corporation. In any case, you deserve compensation for further medical treatment now required, lost income and pain & suffering.

A Medical Malpractice Lawyer Can Help

A Medical Malpractice Lawyer Can Help

Patients are often nervous to go up against the hospitals and don’t think that they have any hope of winning a case. Even if a patient does decide to litigate, he or she typically waits over a year to finally file the claim and then must wait over two years to see the case completed.

How Can a Lawyer Help My Medical Malpractice Claim?

A study by U.S. Bureau of Justice Statistics states that 93% of all cases are resolved before trial, which means that only 7% of all cases end in a jury verdict.

So, it is essential to have a New York medical malpractice lawyer on your side regardless of whether you will be taken to trial for your medical negligence case. The Journal of the American Medical Association claims that inpatient setting medical malpractice claims typically bring in an average of $363,000 in compensation and healthcare mistakes in outpatient settings bring in an average of $290,000 in medical malpractice claims.

Plaintiffs prevail in an average of 21% of all trial verdicts according to the New England Journal of Medicine, but they achieve a settlement in about 61% of all settlement-based cases.

What to Do if You’re a Victim of Medical Malpractice

We expect our doctors and medical professionals to always work with the utmost care for their patients. Unfortunately, this isn’t always the case. While accidents happen in every profession, mistakes in someone’s health care can have long-lasting and potentially life-threatening consequences.

If you believe that you or a loved one has been the victim of medical malpractice, there are some factors you need to consider before filing a claim or lawsuit. At Hecht, Kleeger, & Damashek, P.C., we’ve compiled a list of five critical steps to take if you believe you or someone you know has been a victim of medical malpractice in New York:

1. Consult With a Lawyer

Before you spend any time building a medical malpractice case, you should make sure that you have one. Medical malpractice can be challenging to prove.

Research and talk to a medical malpractice attorney about your potential case. Many law firms offer free consultations so that you can discuss your case without any financial or legal commitments.

An experienced and knowledgeable medical malpractice lawyer will know whether you have a valid case. If you do, they can help you take legal action against the negligent medical professional(s) and secure the compensation you need to recover.

Here are some helpful resources about medical malpractice in New York to get started:

2. Document the Malpractice

If you or a loved one have been the victim of medical malpractice, document the malpractice as soon as possible. This means documenting anything related to the incident, including:

  • Lab results
  • Doctor notes or conservations
  • Appointment information
  • Time and date of the malpractice
  • Medical records
  • Surgeries
  • Prescribed medicines

The more details you can remember, the easier to prove that malpractice has occurred.

3. Conduct an Investigation

Your attorney will help you gather evidence of your incident and begin a formal investigation. This could involve directly speaking to officials at the hospital or other locations where the malpractice took place.

We can ensure crucial documents are secured by state authorities to benefit your claim or lawsuit. If necessary, we can inform the proper agencies about your medical malpractice incident, so they can conduct their own investigation and review the doctor’s licensing.

4. Refer to Medical Experts

An attorney with years of experience will likely know much about medical malpractice cases. However, every case is unique and often requires additional resources to supplement it.

Attorneys must consult with at least one healthcare physician to file an Affidavit of Merit (also known as a Certificate of Merit) in New York.

This document proves your attorney consulted with a physician to ensure that another healthcare professional would not have reasonably acted the same way as your negligent doctor.

You deserve the fullest evaluation of your damages, and our attorneys can consult with additional healthcare professionals to help you determine the medical malpractice’s impact on your future.

Medical experts can also testify during the trial, providing crucial insight into your case and the extent of your damages. That way, you can recover the maximum compensation possible.

5. File a Medical Malpractice Claim or Lawsuit

Your medical malpractice lawyer will assist in building your claim and can take your case to court if necessary.

In most cases, victims of medical malpractice in New York have 30 months to file a lawsuit against the negligent healthcare provider.

A lawyer will ensure your case is filed within this statute of limitations so that you don’t miss out on the opportunity to recover.

Our dedicated and established trial attorneys can represent you in court and fight to bring you a desirable settlement—just like we have for countless other victims.

We will fully prepare you for trial and advocate on your behalf. Together, we can enact real change in the medical field and deliver justice after you and your family were wronged by a negligent doctor.

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Types of Medical Malpractice Claims

Types of Medical Malpractice Claims

Medical malpractice may occur in many forms. While some cases include a shocking mistake in surgery, or an item left in the body cavity, other forms of malpractice are much harder to detect.

In fact, you may not even know that you are a victim of medical malpractice until months after you have been overdosing on medication or have been dealing with a painful recovery.

Sadly, many cases go unnoticed or unreported, which means that doctors get away with their offenses. The U.S. Department of Health and Human Services claims that only 14% of all medical malpractice cases are reported.

Typically, a patient waits about 16.5 months before filing a lawsuit according to a study completed by The Department of Justice. Once a lawsuit is filed, it takes an average of 27.5 months for the courts to reach a resolution. During this time, patients need to wait and gather all evidence necessary to prove that they have been wronged.

There are many different reasons that people file medical malpractice cases, including the reasons listed below.

  • Failure to Diagnose – This occurs when doctor refuses to diagnose a potential illness and therefore allows the sickness to progress to a harsher or more dangerous stage before it is properly detected and treated. The Journal of the American Medical Association says that about 46% of all medical malpractice claims have to do with a failure to diagnose or a misdiagnosis.
  • Misdiagnosis – Misdiagnosis is an offense that happens when a medical professional diagnoses a disease, illness, or condition wrongfully, which leads to incorrect treatments and medications.
  • Medication Errors – Medical professionals often recommend an incorrect dosage regarding medication, administer the wrong medications, mix two medications that should not come into contact with one another, or make other harmful choices regarding both pharmaceutical drugs and in-hospital treatments.
  • Childbirth Errors – During delivery doctors are responsible to care for both the mother and the infant and attend to their needs. When a doctor, nurse, or worker fails to do this it can cause severe complications like Brachial Plexus birth injuries and may even result in death for the mother or baby.
  • Surgical Errors – If a doctor is distracted in surgery, makes faulty incisions, operates on the incorrect area of the body, or leaves a sponge, tool, or foreign object in the body cavity this is considered a surgical error. About 34% of all claims have to do with a surgical mistake.

We understand the complexity of these cases and are equipped to handle the unique challenges that come with advocating for medical negligence victims. If you or a loved one has suffered from a medical error, contact HKD today for a complimentary, risk-free case evaluation.

Contact HKD Today for a Free, No-Risk Assessment

At HKD, we are proud to have helped many clients receive significant and life-changing medical malpractice settlements and court rulings.

New York Medical Malpractice FAQs

How Do I Know If I Have a Medical Malpractice Case in New York?

To have a case, you must prove a healthcare provider’s negligence led to injury or harm. This typically requires demonstrating a violation of the standard of care, a direct link to your injury, and significant damages as a result.

What Is the Statute of Limitations for Medical Malpractice in New York?

In New York, you generally have 2.5 years from the date of the malpractice or from the end of continuous treatment to file a lawsuit. However, exceptions exist, so it’s crucial to consult with a lawyer for specific guidance.

What Types of Compensation Are Available in Medical Malpractice Cases?

Victims can seek compensation for medical bills, lost wages, pain and suffering, loss of consortium, and other economic and non-economic damages.

What Is a Certificate of Merit in a New York Medical Malpractice Case?

A certificate of merit is required to file a lawsuit, confirming that a medical expert has reviewed your case and believes there’s a reasonable basis for a malpractice claim.

How Are Expert Witnesses Used in New York Medical Malpractice Cases?

Expert witnesses, typically healthcare professionals, may testify about the standard of care, how it was breached, and the link to your injuries, providing crucial evidence to support your claim.

Contact Our Medical Malpractice Lawyers

At Hecht, Kleeger & Damashek, P.C., we feel strongly about protecting patient rights and seeing that standards of care are upheld. Unlike other states, New York places no cap on the amount of damages recoverable in a case. You may be offered a settlement so that those at risk can close the matter quickly before being pursued for a fair settlement amount.

It is always wise, however, to consult with a medical malpractice lawyer first. The Insurance Research Council has found that claimants represented by lawyers typically receive damages 3.5 times higher than individuals without legal representation. Don’t hesitate to take advantage of the professional and hardworking lawyers at this firm today to get the representation you need in your claim!

Set up a free, no-risk consultation. Call us at 212-490-5700 or contact us online. There are no up-front fees, and you owe nothing until we win compensation for you.

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