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