If the negligent actions of a doctor or medical facility have injured you or a loved one, the experienced attorneys at Parker Waichman LLP can help you recover the compensation you deserve. We understand that you may feel betrayed by your medical provider and feel like you have nowhere to turn. Our medical negligence and malpractice lawyers will listen to your story and work to secure the just result you deserve.
Parker Waichman LLP Represents Victims of Medical Negligence throughout New York
The malpractice lawyers at Parker Waichman LLP will work to build a case that proves your health care provider did not render acceptable care to you or your family member by analyzing all of the diagnoses, decisions, and treatment throughout your case. We will tenaciously seek the outcome you deserve because we know your injuries have taken a tremendous toll on you and your family. Our New York attorneys are prepared to begin your medical malpractice claim investigation and pursue the justice you need.
Medical Malpractice Lawsuits in New York
Medical malpractice, also commonly known as medical negligence, involves a health care provider, such as a doctor or hospital, failing to treat a patient in accordance with the accepted standards of care in the medical profession. In these cases, patients can experience serious injuries, including worsening of the patients’ pre-existing conditions or illnesses or development of new conditions or illnesses arising from the acts of negligence.
Generally, medical malpractice claims require submission of proof as to certain elements of the case, including the establishment of the relevant standard of care and breach of that standard of care. We will typically produce medical experts to testify as to both of these elements, including an examination of the records and evidence as to the healthcare provider’s specific departures from the standard of care.
Types of Medical Malpractice Cases
Medical malpractices cases in New York often involve fall into one of several types of conduct by a health care provider and can result in serious injuries. Parker Waichman LLP has been litigating these claims for decades on behalf of people and families affected by a doctor or medical facility’s improper care. During our long and varied practice, we have represented victims of all of the following kinds of medical negligence:
- Failure to diagnose – A case in which a doctor fails to make a diagnosis of a patient. This might be due to a deficiency of attention to the patient’s symptoms or from a lack of knowledge as to what the patient’s symptoms might mean. Delay in diagnosis can lead to a significant worsening of the patient’s condition, including the potential for death if the condition reaches a point at which medical intervention will not make a difference.
- Misdiagnosis – A case in which a doctor makes an incorrect diagnosis and fails to treat the correct condition. Unlike the case of failure to diagnose, there is a diagnosis made in these cases, but it is not the right one. The doctor may not be aware of all the symptoms, has not performed the appropriate workup, or is not aware of other explanations for the patient’s symptoms. Failure to treat the correct condition may also lead to a worsening of the condition, which can result in serious injury or death.
- Prescription errors – A case in which a doctor gives a patient the wrong prescription, a contraindicated prescription (meaning not appropriate to take with the patient’s other medications or given the patient’s other medical conditions), or an improper dose. These errors can also occur at the pharmacy. If a doctor or pharmacy provides a patient improper medication, the patient can have a severe reaction, leading to events such as dermatological injury, respiratory distress, loss of consciousness, and even death.
- Failure to monitor – A case in which a health care provider fails to properly and adequately look after a patient and the patient’s condition, following the rendering of care. This can be after an appointment or after an in-patient procedure. If a patient is not adequately monitored or provided adequate follow-up care, the patient’s condition can quickly worsen. In these circumstances, doctors and facilities do not pick up on important cues as to the patient’s health and, therefore, do not act to prevent injury to the patient.
- Surgical errors – A case in which a surgeon makes a mistake during a surgical procedure that causes injury to the patient. This can include things like improper stitching, perforation of an organ, and failure to operate on the appropriate area of the patient. Sometimes these errors are minor, but they can also cause severe damage to a patient, requiring additional surgeries, long recovery times, and failure to improve.
- Lack of informed consent – Doctors have a duty to obtain informed consent from a patient prior to providing treatment. Informed consent means that a patient agrees to undergo treatment after being advised as to the risks and benefits of treatment. Doctors must go through the risks of procedures and medical care so that patients can make intelligent decisions about their treatment. When doctors fail to do this, and patients are injured because of unknown risks, patients have the right to sue.
- Improper treatment – These cases usually involve not one specific or isolated failure but multiple failures by a physician or facility that contributed to a patient’s injuries. We will look at all the care rendered and how it caused our client to sustain injuries throughout the course of his or her medical treatment.
All medical malpractice cases in New York require time and a keen understanding of medicine. In order to understand a client’s case, a lawyer has to know the medicine and be able to pinpoint the ways in which a health care provider departed from the standard of care. Parker Waichman’s attorneys have the ability to review clients’ medical records and form reliable theories as to what occurred versus what should have occurred. When you work with our attorneys, you are teaming up with litigators who have a clear command of the law, important foundational knowledge of medical cases, and a superior sense of the steps necessary to bring the case together for you and your family. Contact Parker Waichman LLP to talk further with us about our experience practicing in this area of law.
Standard of Liability in New York Medical Malpractice Cases
In any New York medical malpractice case, you will allege theories of liability that sound in general negligence law. In any standard negligence case, you have to be able to establish four elements of your claim:
- The defendant owed our client a duty to use reasonable care;
- The defendant breached that duty and failed to use reasonable care;
- Our client suffered an injury; and
- Our client’s injury was caused by the defendant’s negligence.
In order to hold someone accountable for your injury, we have to prove that the provider owed you or a loved one a duty to use reasonable care. It might sound like an odd concept at first, but before someone can be considered legally negligence, they must have had an obligation to behave in a certain way. If there was no obligation to act, we cannot blame that person for failing to act. In situations like medical malpractice, doctors unquestionably owe their patients a duty to use care, which takes effect as soon as doctors accept people as their patients. One of the ways malpractice cases differ from other negligence cases is doctors will owe a specific level of care based on the treatment they were providing. We look at the circumstances of the case and hire experts to testify as to what kind of duty the health care provider possessed. For instance, in the case of an error during a gastroenterological surgery, we will hire an expert to testify as to what kind of care should have been provided by a surgeon performing that specific kind of surgery.
Proving Medical Negligence in New York
To prove whether the defendant breached his or her duty of care, we will examine the possibility for alternate conduct. We look at what the defendant did versus what the standard of care called for the defendant to do. This will again involve hiring an expert to testify that the health care provider failed to meet the appropriate standard of care. If we are able to establish that (1) the defendant owed a duty, and (2) the defendant breached that duty, we have proved that the defendant was legally negligent. This means the health care provider did commit medical malpractice. Next, we have to prove what kind of injuries you have suffered as a result of the medical malpractice.
To further prove our malpractice case, we have to establish that you have suffered some kind of harm. That might seem pretty clear and straightforward, but some injuries are not readily apparent. In brain injury cases, for example, the effects might not be immediately clear to a jury or to the defense. We will almost always hire an expert to testify as to the complete picture of your injuries and how they affect your life. This will also include medical treatment you will likely require in the future. In this sense, “harm” also goes beyond physical injury. Our attorneys will prove your financial damages during this phase of the case, including the potential for hiring a life-care planner to evaluate the financial burden of your injuries during the course of your life.
Upon establishing all this, we need to tie everything together by proving what is called causation. This means we need to prove that your injuries were caused by the defendant’s negligence. This is sometimes one of the most difficult aspects of the case because we have to prove that some alternate conduct by the health care provider would have resulted in a different outcome. As you can probably guess, we again frequently rely on experts to testify about the cause of your injuries, as well as the potential for a better result with appropriate care. Rest assured, Parker Waichman LLP does not turn down cases for complexity. We will tackle challenging medical malpractice cases using our extensive experience and our network of tremendous medical experts. Our medical malpractice law firm in New York has the skills and resources you and your family need on your side.
Statutes of Limitations on New York Negligence Claims
Prior to filing your medical negligence case in New York court, we need to make sure that your medical malpractice statute of limitations has not expired per New York law. A statute of limitations is a time limit placed on the filing of cases that is enacted by state law. If you do not file your medical negligence claim within the time period set by New York law, you will never be able to file it. Statutes of limitations vary from state to state and from claim to claim, so it is extremely important that you understand the correct date by which you need to file and perform the necessary steps to timely file it.
New York is one of a few states to have a two and one-half year statute of limitations on medical malpractice cases as well as a shorter wrongful death two-year statute of limitations This means in a medical malpractice case in the state of New York, if it involves a death, you have two years from the date of the careless act to file your claim in the correct court or two and one half years from the date of the careless act to file your claim in the correct court if your claim does not involve a death. Often, it is difficult to understand when exactly the negligence occurred because patients receive ongoing care, and there might be multiple failures in that care. It can, therefore, be difficult to know how long you actually have to file your claim.
Preservation of your statute of limitations is one of the reasons you need to work with an experienced lawyer in your malpractice case. The attorneys at Parker Waichman LLP calculate statutes of limitations on all our medical negligence cases right away because we understand the consequences are severe. We take this step very seriously. If you have a potential medical malpractice case, do not delay in hiring a lawyer to investigate. Time could be running on your legal rights, so contact our firm today.
How Can a Personal Injury Lawyer Help Me?
By hiring the skilled medical malpractice attorneys at Parker Waichman, you will be able to seek damages for all of the ways in which your injuries have affected you and your family. We understand you have suffered numerous losses because of the carelessness of your health care provider, and we will fight to achieve the compensation you deserve. Your lawsuit filed by Parker Waichman LLP will include demands for the following damages:
- Past and future medical expenses for your injuries;
- Lost wages for your past and future time off work related to your injuries;
- Compensation for your physical and mental pain and suffering;
- Loss of consortium damages for the ways in which your injuries have changed your relationship with your spouse; and
- Punitive damages if the facts of the case warrant this type of compensation.
You have suffered real harm, and you deserve to be heard. Our lawyers know what the defense and the jury need to hear in order to understand the full extent of your losses, and we will aggressively pursue the highest possible damages for you and your loved ones. Call our New York office to talk with one of our medical malpractice attorneys about your potential compensation.
Medical Negligence Claims Process
Because of the amount of time we have dedicated to representing victims of medical malpractice, we have developed a streamlined process for working up clients’ cases. We know you need timely answers because your doctors have kept you in the dark too long. After signing your case with Parker Waichman, your skilled attorney will begin the following work on your behalf:
- Create a detailed summary of the acts of negligence from your perspective and/or the perspective of any family members;
- Contact any potential witnesses to the negligence or your injuries;
- Order medical records that document the treatment you received or will require because of your injuries;
- Consult with medical and industry experts to obtain favorable testimony for your case;
- Calculate the statute of limitations (deadline to file) on your case;
- Determine the appropriate court for filing your case;
- Contact any potential insurance carriers or lienholders;
- Engage in written discovery and depositions to gather evidence for your case;
- Participate in mediation and/or settlement negotiations with defense;
- Take your case to trial.
In addition to superior results, we pride ourselves on outstanding client communication. Our firm wants you to feel confident about your case progress, so we will always keep you informed and make sure you are playing an important role in our litigation strategy. You can count on our firm to provide you honest and professional guidance every step of the way.
Parker Waichman LLP is one of only a few law firms to secure more than $2 billion in awards, settlements and jury verdicts for our clients, and we have extensive experience handling medical negligence cases for people who have suffered great losses.
We have become one of New York’s top personal injury and medical negligence law firms, receiving numerous honors and accolades from colleagues, judges, and clients, including:
- 8 (out of a perfect 10) Rating by AVVO (a service that rates every attorney in the United States)
- “Preeminent Lawyers” AV Peer Review Rating (Martindale-Hubbell® – a company that, for more than 100 years, has rated attorneys across the United States and the world based on feedback from judges and their peers)
- Highest Ranking of “5 Dragons,” based on peer review by Lawdragon
- Listing in Best Lawyers Publication, determined by Extensive Peer Review
In hiring Parker Waichman, you can feel confident you are represented by people who care and who have the skills and expertise to guide you to a successful case resolution. Contact our firm today to thoroughly evaluate and investigate your potential New York medical malpractice and negligence lawsuit and to begin your case investigation.
TALK WITH ONE OF OUR NEW YORK PERSONAL INJURY ATTORNEYS TODAY
Parker Waichman LLP is offering free consultations on all our New York medical malpractice cases. Our experienced negligence attorneys recognize you likely have medical bills piling up and lost time from work, and the last thing you want to worry about is how you will afford a lawyer. That’s one of the many reasons we provide case review at no cost to our clients and sign up our cases using contingency fee contracts.
In a contingency fee contract, our recovery is dependent on yours. If you do not receive a settlement or verdict from your lawsuit, we will not get paid a fee or receive reimbursement for our expenses. Litigation is undoubtedly costly, and something everyday people cannot afford to take on. We will take on the financial risk ourselves so you can focus on what really matters: your health and your family.
Start the process of your case investigation with one simple phone call or by providing information to us in our online form. You will be able to talk to a dedicated member of our legal team, along with an experienced medical malpractice lawyer who works in our New York office. We will listen to your story with compassion and help you understand your potential options for legal recourse. The judicial system offers a powerful opportunity to receive compensation and to effect change for the future. When we hold health care providers accountable, we not only achieve justice for you and your family, we also help to create a safer medical environment for patients down the road.
Contact our firm today to find out why so many victims and their loved ones have trusted us with their New York malpractice cases and to learn about the ways we can achieve the results you need during this difficult time.
Parker Waichman LLP
When doctors and health care providers act carelessly, they need to be held responsible. Parker Waichman LLP will stand up and protect your legal rights. Our legal team will fight for the just compensation that your case deserves. If you have or a loved one has been injured due to the negligence of a medical provider, contact our firm today for a free consultation by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529).
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