Medical Malpractice

No physician is immune to mistakes, but when those mistakes mean that 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...

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Find an Experienced Medical Malpractice Lawyer

Parker Waichman LLP is known for having 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 that our clients receive the compensation they deserve. If you have a potential medical malpractice case, contact our firm for a free case consultation today. 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.

Types of Medical Malpractice Cases: What Is Considered Medical Malpractice?

While the facts of every medical malpractice case will undoubtedly differ, as will the requirements for a successful medical malpractice lawsuit, 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 or even death.
Misdiagnosis: Sometimes, doctors make errors in diagnosing patients. Doctors might not have all of 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 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, s 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 or more 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: How Does a Medical Malpractice Lawsuit Work?

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 medical malpractice settlement negotiations or conduct a full trial, if necessary, to ensure maximum compensation for your injuries

We understand that 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.

What Are the 4 D’s of Malpractice?

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.

The malpractice lawsuit lawyers at 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 Malpractice, and What Constitutes a Malpractice Claim?

The basis for a malpractice claim is a failure to act in a way that would be reasonably expected from someone with their training and experience. In a medical malpractice case, this means providing treatment that’s not up the standards of the medical profession.

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 Is the Difference Between Medical Malpractice and Medical Negligence?

While the phrases sound very similar, experienced medical lawsuit attorneys know that there’s a subtle difference: Medical negligence occurs when a provider makes a mistake that causes harm to the patient, while medical malpractice happens when they make a conscious choice, knowing that that choice risks harming the patient. They may not intend to hurt the patient, but the harm comes from a deliberate act rather than an accident or oversight.

How Serious Is the Issue of Medical Malpractice in the United States Today?

Very serious: Medical errors are currently the third leading cause of death in the United States, after heart disease and cancer. A Johns Hopkins study found that more than 250,000 people die in the U.S. every year due to physician negligence.

What Is the Most Common Reason for Malpractice?

Misdiagnosis or a delayed diagnosis is the number one reason for most medical error cases. The rationale for these cases is the underlying harm these misdiagnoses do to the patient, who now has missed treatment opportunities that could have prevented wrongful death or further injuries.

Is Medical Malpractice Difficult to Prove?

It can be difficult for the victim and medical malpractice attorneys to prove wrongdoing. The burden of proof is on them to show that the health-care professional deviated from the standard level of care to cause harm and that the patient’s injuries are because of this deviation and not an underlying condition.

What Constitutes Medical Malpractice?

Some of the most common examples of medical malpractice we see include:

Failure to diagnose
Misdiagnosis
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 accident happened during the course of your treatment. Contact Parker Waichman today if you’re looking for “the best medical malpractice lawyers near me.” We’ll review your case for potential acts of negligence for free.

What Does a Medical Attorney Do?

Lawyers for medical issues can help you pursue claims related to cases of malpractice in health care and other types of medical lawsuits against hospitals or medical professionals. These attorneys may work in insurance law, personal injury law, and/or contract law.

What Type of Law Is Medical Malpractice?

Medical malpractice and negligence is covered under tort law, the type of civil law that governs cases involving personal injury and other types of harm.

How Do I Know if I Have a Malpractice Lawsuit?

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 that you need a malpractice lawyer to look into potential negligence. You personally knowing something to be true and your lawyer proving it to be true are different things, however. Call us for a free consultation 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 hospital malpractice claim, your skilled 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 medical accident lawyer will likely prove that a breach has occurred in your case by hiring medical experts to testify about what your doctor did versus what your doctor should have done.

What Kind of Lawyer Do I Need for Medical Malpractice?

If you believe that you have been injured due to medical malpractice, you should contact experienced medical negligence lawyers near you immediately. When you work with Parker Waichman, an experienced malpractice lawyer will order your medical records and fully investigate the details of your injuries, then work to build the strongest possible case on your behalf. Do not delay in seeking a medical malpractice consultation from an experienced attorney: The sooner you call us, the more time we’ll have to compile your claim under the statute of limitations. Parker Waichman’s skilled medical neglect attorneys can speak to you today; just call our offices for a free consultation.

Can You Sue for Malpractice Without a Lawyer?

It is possible to represent yourself in a medical malpractice and negligence lawsuit, but just because you can doesn’t mean it’s a sound strategy for a successful legal malpractice case. Medical malpractice lawsuits can be difficult to prove even with an attorney who has extensive knowledge of this field of law; suing physicians and/or hospitals on your own isn’t a good idea.

How Do I Choose a Medical Malpractice Lawyer?

When you’re looking for a malpractice lawyer, you’ll want to take these steps:

Research potential attorneys, focusing on ones who have experience with malpractice claims.
Ask friends and family for recommendations.
Choose a few attorneys who sound promising and see if they will provide a free consultation.
Meet with each attorney and hear what they have to say. Ask any questions you may have, and get a feel for their personality to see if this is someone you can work with.
Make your decision and sign on with a lawyer.

What Questions Should I Ask a Medical Malpractice Lawyer?

When you’re talking to a hospital malpractice attorney, there are a few questions you should ask, such as:

What is your experience with medical malpractice claims?
Does my case fall within our state’s statute of limitations?
How much do your services cost? Does your firm work on a contingency-fee basis?
If I work with your firm, who will I be talking to and when can I expect to hear back?
What factors of my case will work in my favor? What factors will work against me?
Do you think this will lead to a settlement, or will we have to go to trial?
Will an expert medical witness strengthen my case?

Can a Lawyer Help With Medical Bills?

Working with medical litigation lawyers on a malpractice claim can help you to recover compensation for treatment that was required as a result of the health-care provider’s actions.

How Much Do You Get 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 of money 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
Lost wages, lost income or lost earning capacity you have incurred because of your injuries
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.

What Percentage of Malpractice Cases Settle?

More than 95% of medical malpractice claims end in a settlement. Only about half even go to trial, and just 5% end up being decided by a court verdict.

How Long Does it Take to Get a Settlement for Medical Malpractice?

From start to finish, medical malpractice claims often take two to four years to resolve 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.

How Are Malpractice Settlements Calculated?

Typically, the formula for calculating malpractice settlements is the expected jury verdict if you won in court multiplied by the percent likelihood of the plaintiff prevailing during the trial.

What Does it Cost to Hire a Medical Malpractice Lawyer?

Legal costs can vary, but when you work with Parker Waichman, you’ll pay nothing out of pocket for our services. Our attorneys work on a contingency-fee basis, meaning that 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.

How Long Do You Have for a Medical Malpractice Lawsuit?

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 for your claim is to work with one of the top medical malpractice law firms near you.

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 Do You Win a Malpractice Lawsuit?

Winning your med-mal lawsuit requires proving these basic requirements for a medical malpractice claim:

A doctor-patient relationship existed.
The doctor was negligent.
The doctor’s negligence caused injury.
The injury led to specific damages.

What Percentage Do Lawyers Take in Medical Malpractice Cases?

On average, medical neglect lawyers take about 34% to 40% of the settlement or award, but that number can vary widely depending on the circumstances and the attorney.

Where Can I Find Lawyers Specializing in Medical Malpractice Near Me?

If you’re searching for “medical malpractice lawyers near me,” our nationwide law firm can help. 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.