Medical Malpractice Lawsuits and Settlements Attorneys
Parker Waichman LLP handles numerous types of medical malpractice cases, ranging from simple errors to enormous acts of negligence by healthcare providers. We never shy away from complex cases, and we work tirelessly to make sure our clients receive the compensation they deserve. If you have a potential medical malpractice case, contact our firm for a free case consultation. You will be able to immediately speak to a compassionate member of our team and quickly begin working with an experienced medical malpractice lawyer who will fight for your legal rights.
Call us for your free consultation or fill out our online form today and begin your case review process with Parker Waichman LLP.
Types of Medical Malpractice Cases
The facts of every medical malpractice case will undoubtedly differ, but many cases tend to occur because of the same types of negligence. Common types of medical malpractice include:
Failure to diagnose – If a nurse fails to accurately chart a patient’s symptoms or a doctor does not pay enough attention to a patient’s symptoms, a serious condition can go undiagnosed. Depending on the severity of the infirmity and the timing before a diagnosis is finally made, the patient can experience severe injury, including death.
Misdiagnosis – Sometimes doctors make errors in diagnosing patients. Doctors might not have all the information they need, might not have performed a proper examination of the patient, or might be ignorant about what the patient’s symptoms mean. A proper diagnosis is vital to timely and effective treatment, and patients can become much worse during a period of misdiagnosis.
Surgical errors – Surgeons sometimes make errors during the duration of a surgical procedure that affects the patients’ course of treatment and recovery time or lead to a worsening in condition. Surgeons might leave instruments behind, conduct the surgery inappropriately, or carry out a medically unnecessary surgery that injures a patient.
Prescription errors – Errors in the prescription process can occur with nurses, doctors, or pharmacists. A prescription might be written incorrectly, called in incorrectly, filled incorrectly, or might be dangerous for the patient to take at all because of the patient’s other medications or medical history. Medication errors can result in severe reactions (dermatological, respiratory, etc.) that can lead to life-altering injuries and death.
Improper treatment – In some cases, doctors or nurses have committed a number of errors that make the entirety of a patient’s treatment improper. It might be a combination of other types of malpractice or rendering treatment that was inappropriate given a patient’s medical history and diagnosed condition.
Failure to monitor – A doctor’s duty of care does not end when the target treatment has been administered. Doctors still have a duty to follow up appropriately with patients who have had surgery or are completing treatment for an illness. Failure to adequately monitor a patient can result in missed warning signs, worsening condition, or development of new medical issues.
Lack of informed consent – Before proving any treatment or performing any surgical procedures, doctors must obtain patients’ informed consent. This involves a process of discussing the risks and benefits of planned treatment and ensuring that the patient understands the likelihood of success and of any potential complications and nevertheless agrees to the treatment. If doctors do not complete this process, patients have not had the chance to choose their treatment intelligently, and they can sue if complications occur.
If you were or someone you love was the victim of one of these medical errors, contact Parker Waichman LLP today. You will be able to speak to one of our compassionate lawyers about the details of your case and start putting together a plan for investigating your claims and pursuing legal justice.
Building a Successful Medical Negligence Claim
When you hire Parker Waichman LLP for your medical malpractice case, your attorney will immediately begin working to investigate your claims and present you with the best legal options for you and your family. Our firm will conduct all of the following tasks on your behalf to make sure we develop a strong case to take to court:
- Draft a complete summary of your care leading up to and after the negligence that caused your injuries;
- Contacting any witnesses, friends, or family members who were present during appointments or procedures or who might have relevant information to your case;
- Order medical records that document the care you received by the defendant doctor and the care you received for your injuries;
- Obtain opinions from medical experts regarding the strengths and weaknesses of your case;
- Calculate the statute of limitations (the deadline to file) in your case;
- Determine the appropriate court for filing your case;
- Prepare and file a Petition for Damages on your behalf;
- Draft and send a demand letter to the defendant(s);
- Engage in discovery with the defense, including written information and depositions of parties/witnesses to obtain evidence of your claims and parse out the defenses;
- Participate in mediation and/or settlement negotiations and/or conduct a full trial, if necessary, to ensure maximum compensation for your injuries.
We understand you have suffered real injuries and need a timely, favorable result in your case. We will place the full force of our experience and knowledge behind your case to make sure you have the best possible opportunity of obtaining the compensation that will restore your peace of mind. Our firm is dedicated to helping you during this difficult time, and you can count on us to deliver.
The Standard of Liability in Medical Negligence Cases
When we litigate medical negligence cases, we are generally going to need to prove four case elements in court or throughout the process of the case:
- Our client’s doctor owed him or her a duty to use reasonable care;
- The doctor breached that duty of care;
- Our client suffered some kind of injury; and
- Our client’s injury was caused by the doctor’s negligence.
To prove the existence of a duty of care, we look at the relationship between the patient and the doctor. Doctors undeniably have an obligation to use a certain level of care when treating patients. We will usually hire an expert to discuss exactly what level of care the doctor should have used in our client’s case. It will generally be the level of skill and learning ordinarily used by a reasonably prudent medical professional under a similar or identical circumstance.
Next, we have to prove that the doctor did not use the appropriate level of care in treating our client. This is called breach of the standard of care. We will analyze what the doctor did against what the doctor should have done and will again hire an expert to testify about this element of the case. If we are able to establish that the doctor owed our client a duty to use care and breached that duty of care, we have successfully established that the doctor was negligent.
We then need to prove the existence of any injury on the part of our client, and we need to tie that injury back to the doctor’s negligence. It is not always easy to prove an injury because some (like certain brain injuries) are not readily apparent. It can also be very difficult to link the injury to the doctor’s conduct.
Parker Waichman LLP does not turn down cases for complexity, though, and we will always fight to prove every element of our clients’ cases. We have access to renowned experts around the country, whom we will hire to be sure we don’t miss anything and come to the table prepared to win your case. If you were the victim of medical malpractice, contact our firm today to find out more about our case strategies and the results we have been able to achieve for our clients.
Parker Waichman LLP: Experienced Medical Negligence Attorneys
We know you have many choices when it comes to medical negligence legal representation, but we are certain our law firm is the right choice for your case. We have secured more than $2 billion in compensation for our clients, putting our firm in a category of success shared by only a few other firms in the country. We provide superior client advocacy while focusing on the individual needs of every single case.
Parker Waichman LLP delivers the results you would expect from a nationally recognized full-scale personal injury firm, but we approach every case with the attention of a small, highly specialized firm. Our attorneys are top-rated trial attorneys who genuinely care about making people’s lives better and seeking justice for people who have been harmed. Our clients and colleagues have responded to our hard work and dedication by bestowing us with the following honors and rankings:
- A near perfect AVVO.com rating of 9.8 out 10.
- A rating of “AV Preeminent Lawyers” by Martindale-Hubbell®.
- The highest rating of “5 Dragons,” by Lawdragon.com.
- A listing with the “Best Lawyers” publication because of our outstanding ratings by fellow legal professionals.
Parker Waichman LLP understands how overwhelming it can be to begin the process of hiring a lawyer and filing a lawsuit, and we do everything we can to ease your worries. In hiring our firm, you can feel assured that your case is in capable hands, and your rights are protected. Parker Waichman LLP will stand by your side throughout the course of your case and will guide you through every piece of the process. You can trust we will take your injuries seriously and fight for the compensation you and your family wholly deserve. Contact our firm today to learn more about our case results and why so many people have hired us to take care of their legal needs.
Frequently Asked Questions About Medical Malpractice Cases
Many of our potential clients contact us with questions about their cases and about our firm. We have assembled some of the questions we hear most often, along with our answers, in the section below. If you have a question you do not see answered here, please contact our office to speak to a skilled member of our staff or an experienced medical malpractice attorney. We are always happy to talk with you and to discuss the ways we might be able to help you or a family member of yours.
What is medical malpractice?
Medical malpractice is another name for medical negligence. Medical negligence occurs when a doctor or healthcare provider falls below the accepted standard of care in the medical profession. This means the doctor or healthcare provider made an error that should not and would not have been made by another doctor or healthcare provider in the same situation.
What are some examples of medical malpractice?
Examples of medical malpractice we commonly see in our cases include:
- Failure to diagnose
- Surgical errors
- Prescription errors
- Improper treatment
- Failure to monitor
- Lack of informed consent
Each of these types of errors would be considered malpractice if the patient was injured, and a reasonable medical provider would not have made the same error. An attorney can work with you to discover the facts of your case and what mistakes were made during the course of your treatment. Contact Parker Waichman LLP today if you need an attorney to review your case for potential acts of negligence.
How do I know if my doctor has been negligent?
If you feel like an error was made during your care, or if a physician tells you there has been a mistake, you might begin to suspect negligence as the cause. You personally knowing something to be true and your lawyer proving it to be true tend to be different things, however. Your attorneys will seek to prove malpractice by establishing the applicable standard of care, and proving that your doctor did not meet it. This is called “breach of the standard of care.” Your lawyer will likely prove a breach has occurred in your case by hiring medical experts to testify as to what your doctor did versus what your doctor should have done.
What should I do if I think I have been harmed because of medical negligence?
If you believe that you have been injured due to medical malpractice, you should contact an attorney immediately. You need to work with an experienced malpractice lawyer who will order your medical records and fully investigate the details of your injuries. Do not delay in seeking a case consultation and hiring an attorney to review your claims. Parker Waichman’s skilled attorneys can speak to you today, so call our offices for a free consultation.
What kind of settlement could I receive for my medical malpractice case?
It is important to understand that no settlement can be guaranteed in any case. Our attorneys aggressively fight for clients’ rights to compensation, but we can never be sure what the defense response will be. That said, our attorneys will work as hard as possible to secure the following types of damages on your behalf:
- Costs of medical bills during your negligent treatment;
- Costs of medical bills for treatment you needed to correct your negligent care;
- Costs of anticipated future medical treatment;
- Amount of lost wages, lost income, and/or lost earning capacity you have incurred because of your injuries;
- Amount of anticipated future lost wages, lost income, and/or lost earning capacity;
- Compensation for your physical and mental pain and suffering related to your injuries;
- Damages for the ways your injuries have affected your relationship with your spouse (also referred to by the legal term “loss of consortium” damages); and
- Punitive damages, if appropriate (damages that serve to punish the defendant for egregious conduct).
We know your injuries have significantly affected your life, and we will do everything we can to achieve the results you need to move forward.
How long does a medical malpractice case take to resolve?
It is never easy to place a timeframe on a case, especially at the very outset of the case. Clients usually want to know how long things will take, and we totally understand that. We usually tell them to prepare for it to take longer than they might expect. The legal system sometimes moves rather slowly, and it can move even slower if your case is particularly complex and requires extensive discovery, including numerous depositions.
Often after we file a claim, we will get a scheduling order from the court that sets deadlines by which tasks must be completed and assigns the case a trial date. But even that is subject to change, based on the course of discovery and the court’s busy schedule as time progresses. Our legal staff will always do our best to keep you updated and provide accurate timeframe information, but understand that sometimes, we just won’t know an exact time.
Where are your offices?
Parker Waichman LLP has several offices in New York (New York City, Brooklyn, Queens, and Long Island), as well as offices in Florida and New Jersey. Feel free to visit our Contact Page for office addresses and for more information about our locations. You may also call us if you need directions to one of our offices.
What is the statute of limitations on medical malpractice cases?
Statutes of limitations are state laws that set filing deadlines on all claims in all states. They are different in every state, depending on state law, and can also be different for every type of claim. We practice medical malpractice law in three different states that all have different deadlines for filing malpractice cases in court. The dates can change depending on the nature of the damages you intend to claim and based on when you actually found out you were injured.
The best way to figure out the correct statute of limitations on your claim is to work with an experienced medical malpractice lawyer in your state. Parker Waichman LLP is extremely diligent about assigning statutes of limitations very early in our case review process because we want to have informed conversations with our clients about their filing options, and we want to be sure we have sufficient time to build winning cases.
If you have a potential medical negligence case and are concerned about your statute of limitations, contact our law firm today for your free consultation.
TALK WITH ONE OF OUR MEDICAL MALPRACTICE ATTORNEYS TODAY
Parker Waichman LLP offers free consultations on all of our medical malpractice cases, and we will review your claims with absolutely no up-front costs to you. We want you to feel comfortable throughout the process and alleviate fears you might have about the costs of litigation. That’s why we also contract cases using contingency fees. If you don’t get paid for your claims, neither will we.
You can start the process of protecting your legal rights with just one phone call to our law firm or by filling out our website contact form. You will quickly be connected with a dedicated Parker Waichman LLP staff member, who will listen to you intently and take down your case information to connect you with the right attorney. Your knowledgeable medical negligence attorney will then be in touch with you to gather additional details about your case and start your case investigation.
Even if we conclude we cannot move forward with your claim, you will never receive a bill for our time or expenses. When we say zero money down and zero retainers, we mean it. Contact us today to take advantage of our no-risk offer and start working with an experienced lawyer at Parker Waichman LLP today.
Contact Parker Waichman LLP for Your Free Malpractice Case Review
No physician is immune to mistakes, and when those mistakes mean a patient is severely injured, the physician needs to be held accountable. Parker Waichman LLP advocates on behalf of injured people and their families to secure the compensation they need. If you have or your family member has suffered harm because of medical negligence, contact our law firm today for your free consultation by using our live chat or by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529).
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