Medical Malpractice

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care in the medical community, leading to injury or death of a patient. This can include misdiagnosis, surgical errors, medication mistakes, birth injuries, failure to diagnose, and lack of informed consent.

If you suspect your injury was caused by a medical professional's negligence, it's essential to consult with a medical malpractice attorney. They can review your medical records, consult with medical experts, and determine if your case meets the legal criteria for malpractice in New York.

In New York, you generally have two years and six months from the date of the alleged malpractice to file a lawsuit. However, there are exceptions, such as for continuous treatment and cases involving minors, so it's important to seek legal advice promptly to ensure your claim is filed on time.

Yes, misdiagnosis can form the basis of a medical malpractice claim if it leads to incorrect treatment, delayed treatment, or no treatment at all, causing harm to the patient. Proving misdiagnosis requires showing that a competent doctor would not have made the same error under similar circumstances.

Victims of medical malpractice in New York can seek compensatory damages, which include economic damages (such as medical bills and lost wages) and non-economic damages (such as pain and suffering). In rare cases, punitive damages may be awarded if the defendant's conduct was especially reckless or malicious.

Proving medical malpractice involves demonstrating that the healthcare provider's negligence caused your injury. This usually requires medical expert testimony to establish the standard of care, how the provider failed to meet this standard, and how this failure directly resulted in your harm.

Most medical malpractice attorneys in New York work on a contingency fee basis, meaning they only receive a fee if you win your case. The fee is usually a percentage of the settlement or award. Initial consultations are often free, allowing you to explore your legal options without upfront costs.

The duration of a medical malpractice lawsuit in New York can vary widely depending on the complexity of the case, the amount of evidence, and the willingness of both parties to reach a settlement. Some cases may be resolved in a few months, while others can take several years.