New York Medical Malpractice Lawyer Representing victims of Medical Negligence
Despite years of training and stiff industry regulations, doctors and other healthcare professionals still make mistakes. They are human after all. But, when their mistake was unreasonable and preventable and causes a patient harm, it may constitute medical malpractice.
In verified medical malpractice cases, injured clients (or their family members if the client died or is incapacitated) can file a claim against the appropriate party and seek financial recovery for damages.
If your or your loved one’s harms resulted from what you think to be a medical mistake, please call our office in New York for a free consultation: (718) 307-5554. We can explain your legal options and help you fight for the compensation you deserve.
What constitutes medical malpractice in New York?
Not all mistakes constitute medical malpractice. You cannot sue your doctor because your condition worsens or because your treatment is not working. In order for a valid claim to exist, the doctor must have been negligent in some manner. In legal terms, negligence is any behavior that breaches the industry standard of care.
All medical professionals must know and abide by a standard of care, such as ordering diagnostic tests when certain symptoms arise or explaining appropriate treatment options for the patients’ conditions. If they step outside the normal standard of care and act in a way that other doctors in their position would not have acted, they may be negligent and thereby liable for the harm they caused.
What are some common types of medical malpractice?
Any type of negligence in the medical field may give rise to a medical malpractice case. Some of the most common types of cases include:
- Failing to diagnose
- Delayed diagnosis
- Improper administration of a treatment
- Surgical mistakes, e.g., performing surgery on the wrong patient or the wrong body part, performing the wrong procedure, or leaving medical instrument inside of the patient
- Prescription errors, e.g., prescribing the wrong medication, the wrong dosage, or a contraindicated medication
- Lack of Informed Consent
Who pays for my damages caused by medical malpractice?
It is not just doctors that make mistakes with patients; other parties may be liable, too. Anyone along the chain of care can potentially be party to a medical malpractice case including:
- Midwives and doulas
- Lab workers
- Other medical specialists
Due to the doctrine of respondeat superior, the defendant and liable party for any injuries you sustain is usually the employer of the professional. Therefore, typically, you cannot hold your doctor or nurse personally liable, but rather the hospital or clinic.
Also, should you win your medical malpractice claim or suit, the physician or facility will not have to pay your damages out-of-pocket. Instead, the facility’s medical malpractice insurance company will likely be the party to cut your settlement check.
How do I know if I have a valid medical malpractice claim?
To determine whether or not you have a viable claim or lawsuit worth pursuing, your first step is to consult with an experienced New York Medical Malpractice Lawyer to discuss your case.
Medical Malpractice Lawyers can review what happened, investigate the facts, and then inform you of your claim’s validity and the likelihood of its success. He can also help gather evidence to prove your case and estimate the overall value of your damages. Bring any medical records, notes, or other proof that may support your case with you to the meeting, as well as any questions you may have for the attorney.
Contact Medical Malpractice Lawyers NYC of The Rybak Firm, PLLC for a free consultation and case evaluation. Our medical malpractice lawyers have the tenacity required to help injured patients and their families get the recovery they need and deserve. Contact us today by submitting a form on our website or call us at (718) 307-5554 (Available 24/7) to get started.
Medical Malpractice Lawyers Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Medical Malpractice Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Brooklyn, NY 11235