Find Top Attorneys for Medical Malpractice Cases
Parker Waichman LLP has some of the best medical malpractice lawyers in the industry and our firm handles numerous types of medical negligence cases, ranging from simple errors to enormous acts of carelessness by health-care 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’ll be able to 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. When you need the best medical malpractice attorney, the smart choice is Parker Waichman.
What Is Considered Medical Malpractice? Types of Medical Malpractice Cases
The facts of every medical malpractice case will undoubtedly differ, and so will the requirements of every medical malpractice lawsuit. But cases we see often 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 affect the patient’s course of treatment and recovery time or lead to a worsening 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 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 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. This 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 providing any treatment or performing any surgical procedures, doctors must obtain patients’ informed consent. This involves 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 have been the victim of one of these medical errors, contact Parker Waichman today to pursue a medical negligence lawsuit. 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.
The Medical Malpractice Settlement Process: Building Your Case
When you chose Parker Waichman to handle your medical malpractice case, our attorneys for medical malpractice 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
- Contact any witnesses, friends or family members who were present during appointments or procedures or who might have information relevant to your case
- Order medical records that document the care you received from the defendant doctor and the treatment 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 or Complaint 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 eliminate any defenses
- Participate in mediation or settlement negotiations 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 that you have the best possible opportunity to get 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 results.
The Standard of Liability in Medical Negligence Cases
When we litigate medical negligence cases, we are generally going to need to prove four elements in court or throughout the process of the case:
- Our client’s doctor owed them a duty to use reasonable care.
- The doctor breached that duty of care.
- Our client suffered some kind of injury.
- Our client’s injury was caused by the doctor’s negligence.
These elements are commonly known as the “four D’s” of medical negligence: duty, dereliction, damages, and direct cause.
Parker Waichman will always fight to prove every element of our clients’ cases. We have access to renowned experts around the country who we can consult to be sure that we don’t miss anything and can come to the table prepared to win your case. If you have been 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.
Frequently Asked Questions About Medical Malpractice Cases
What Is Medical Negligence?
Medical negligence is the foundation of a medical malpractice case. It occurs when a doctor or other health-care provider falls below the accepted standard of care in the medical profession. This means the doctor or other provider made an error that should not and would not have been made by another doctor or provider in the same situation.
What Constitutes Medical Malpractice?
Some of the most common examples of medical malpractice we see 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 with our firm 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 today if you’re looking for “the best medical malpractice lawyers near me.” We will review your case for potential acts of negligence.
Do I Have a Case for Medical Malpractice?
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 are different things, however. Call us for a free evaluation and we can evaluate your situation to see if you have a good case for a medical malpractice suit.
If you decide to move forward with your case, 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 that 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 from an experienced attorney to review your claims. Parker Waichman’s skilled attorneys can speak to you today; just call our offices for a free consultation.
What Is the Average Settlement for a Medical Malpractice Lawsuit?
The average settlement for a medical malpractice lawsuit is usually somewhere between $200,000 and $400,000. However, keep in mind that the details of each situation are unique: The amount that plaintiffs in other medical malpractice cases won may be higher or lower than the amount your claim is worth. Our attorneys aggressively fight for clients’ rights to compensation, but we can never guarantee a specific payout. That said, our attorneys for medical malpractice cases will work as hard as possible to secure the following types of damages on your behalf:
- Costs of medical bills during the negligent treatment
- Costs of medical bills for treatment you needed to correct the negligent care
- Costs of anticipated future medical treatment
- Amount of lost wages, lost income or lost earning capacity you have incurred because of your injuries
- Amount of anticipated future lost wages, lost income 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”)
- 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 Settlement Take to Resolve?
Medical malpractice claims often take two to four years when they end in a settlement and they can take even longer if a full trial is necessary. 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.
What Is the Statute of Limitations on Medical Malpractice Cases?
Often, the medical malpractice statute of limitations is as little as two years, but your deadline to file a legal claim will vary depending on where you live and the specific details of your case. The best way to figure out the correct statute of limitations on your claim is to work with one of the top medical malpractice law firms in your state.
Parker Waichman is extremely diligent about assessing 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 the statute of limitations, contact our law firm today for a free consultation.
How Much Are Medical Malpractice Attorney Fees?
The attorneys at Parker Waichman are paid on a contingency fee basis, meaning that you’ll pay nothing out of pocket for our services. We only get paid from a portion of your settlement or jury award. If we don’t get you compensation, we don’t get paid.
Where Can I Find Lawyers Specializing in Medical Malpractice Near Me?
Parker Waichman has several offices in New York, including Manhattan, Brooklyn, and Queens as well as an office in Port Washington on Long Island. We also have locations 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.
Contact Parker Waichman for a Free Malpractice Case Review
No physician is immune to mistakes, but when those mistakes mean a patient is severely injured, the physician needs to be held accountable. Parker Waichman has vast experience advocating on behalf of injured people and their families in medical malpractice cases to secure the compensation they deserve. Trust your legal claim to the best medical malpractice attorney you can find. If you have, or your family member has, suffered harm because of medical negligence, contact our law firm today for a free consultation by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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