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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Negligence and Medical Malpractice– Patient Falls in Hospital
Read More ResultsIf you or a loved one suffered at the hands of a careless doctor, it is important that you act quickly; the state of New York places a two and a half year statute of limitations on medical malpractice claims. In other words, you have less than three years to take action after your accident., Do not wait to contact a medical malpractice lawyer from our firm to take legal action.
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. Doctors are not the only medical personnel that can be sued for a malpractice claim. As well, 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.
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.
Importance of Experienced Representation
As listed before, claims are rarely reported. This is typically because patients are 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 has to wait over two years to see the case completed. 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.
Still, it is essential to have a New York medical malpractice lawyer on your side regardless of whether or not 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.
Medical Malpractice Lawyer
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!
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09/09/2021
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5
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08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
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06/22/2021
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04/01/2021
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03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
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02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
5
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02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
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02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
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01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
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01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
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01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
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01/15/2021
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01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
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01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
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01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
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01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
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01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
5
Luljeta Chisolm, HKD CLIENT
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
5
Carter Martin, HKD CLIENT
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
5
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12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
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12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
5
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12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
5
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12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
5
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12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
5
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12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
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12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
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12/03/2020
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12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
5
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12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
5
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12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
5
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01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
5
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07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
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07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
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07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
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07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
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07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
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07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
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07/05/2015
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5
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06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
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05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
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05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT