New York City Medical Malpractice Attorneys | Hecht, Kleeger & Damashek, P.C.

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.

On This Page:

Notable
Results

$1,152,235

Negligence and Medical Malpractice– Patient Falls in Hospital

Read More Results
 

NYC Medical Malpractice Lawyers

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.

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. 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.

attorneys jordan hecht, judd kleeger and jonathan damashek reviewing the details of an injury

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.

What to Do if You Think You’ve Been 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.

The Importance of Experienced Legal 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.

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!

CLIENT REVIEWS

Google Reviews

09/09/2021

When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.

5 Stars Review 5
Read More

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.

5 Stars Review 5
Read More

06/22/2021

I had a great lawyer with a great Paralegal that made everything easy to understand.

5 Stars Review 5
Read More

04/01/2021

I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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 Stars Review 5
Read More

02/23/2021

Amazing job, settled my case in 90 days.

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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.

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

01/15/2021

I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.

5 Stars Review 5
Read More

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.

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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.

5 Stars Review 5
Read More

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 Stars Review 5
Read More

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 Stars Review 5
Read More

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 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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 Stars Review 5
Read More

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 Stars Review 5
Read More

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 Stars Review 5
Read More

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 Stars Review 5
Read More

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.

5 Stars Review 5
Read More

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.

5 Stars Review 5
Read More

12/03/2020

My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive

5 Stars Review 5
Read More

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 Stars Review 5
Read More

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 Stars Review 5
Read More

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 Stars Review 5
Read More

10/27/2020

The best

5 Stars Review 5
Read More

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 Stars Review 5
Read More

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.

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

07/05/2015

I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to 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 Stars Review 5
Read More

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…

5 Stars Review 5
Read More

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 Stars Review 5
Read More

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 Stars Review 5
Read More
Average 5 out of 5 rating based on 43 Reviews