Medical Malpractice Lawyer

When you seek medical treatment, you trust professionals to safeguard your health. However, if that trust is broken and negligence occurs, the consequences can be severe and life-altering. At Sakkas, Cahn & Weiss, LLP, we have experience in representing clients suffering from medical malpractice in New York City. Our experienced medical malpractice lawyers are dedicated to ensuring that victims of medical negligence receive the justice and compensation they deserve.

Contact us today for a FREE consultation. You Pay Nothing Unless You Win. 

Types of Compensation in Medical Malpractice Cases

When pursuing a medical malpractice lawsuit, various types of compensation (or “damages”) are available depending on the circumstances of the case. Here’s a breakdown of the common categories of damages that may be awarded in such cases:

Medical Expenses

• Past and Future Medical Bills: Compensation covers all medical costs related to the malpractice, including surgeries, hospital stays, medications, physical therapy, and any future medical treatments necessary due to the malpractice.

Lost Wages and Earning Capacity

• Lost Wages: Compensation for the income lost during the recovery period.
• Loss of Earning Capacity: If the malpractice results in a disability that affects the victim’s ability to earn a living in the future, compensation may be awarded for the loss of earning potential.

Pain and Suffering

This category compensates the victim for physical pain and emotional distress resulting from the injury. This is often the most significant part of a settlement as it covers the malpractice’s physical and psychological impact.

Loss of Consortium

Awarded to the spouse or close family members of a person who has suffered severe injury or death due to medical malpractice. It compensates for the loss of companionship, affection, assistance, and the overall impact on the relationship.

Punitive Damages

Although less common, punitive damages may be awarded in cases where the defendant’s actions are found to be especially harmful or egregious. These are not meant to compensate the victim but rather to punish the wrongdoer and deter similar conduct in the future.

Important Considerations

• Causation and Documentation: To claim these damages, it’s essential to prove that the healthcare provider was negligent and that this negligence directly caused the harm. Detailed medical records and expert testimonies are crucial in establishing this link.
• Legal Representation: Given the complexities of medical malpractice lawsuits and the challenge of quantifying certain damages like pain and suffering or loss of consortium, having skilled legal representation is crucial. An experienced Manhattan personal injury lawyer can effectively argue for the full extent of damages that should be awarded.
• Statute of Limitations: It’s important to begin the legal process promptly to ensure all claims are filed within the statutory deadlines.

What is Medical Malpractice in New York City?

Medical malpractice in New York City refers to a situation where a healthcare provider, such as a doctor, nurse, or other medical professional, fails to provide the standard of care that a reasonably competent and skilled provider would have offered under similar circumstances, resulting in harm to a patient. This failure can occur in various forms and settings, leading to potentially severe consequences for the affected patient.

Here are some key aspects that define medical malpractice in New York City:

1. Breach of Standard of Care

The standard of care is a legal term referring to the level and type of care an average, prudent healthcare provider in a similar community would provide under similar circumstances. Medical malpractice occurs when a healthcare provider deviates from this standard, either through action (e.g., performing an incorrect surgical procedure) or omission (e.g., failing to diagnose a condition).

2. Injury Caused by Negligence

For a medical malpractice claim to be valid, it is not enough that a healthcare provider violated the standard of care; this breach must also have caused injury to the patient. The injury must be a direct result of the negligence, meaning that it would not have occurred if the standard of care had been met.

3. Significant Damages

The injuries sustained from the medical malpractice must lead to significant damages. This could include physical pain, mental anguish, additional medical bills, lost work and earning capacity, and other hardships. The severity of these damages typically justifies the pursuit of a medical malpractice lawsuit, as the cost of litigation can be substantial.

Common Examples of Medical Malpractice in New York City:

• Misdiagnosis or Failure to Diagnose: Missing or incorrectly diagnosing a disease, leading to delayed treatment or no treatment.
• Surgical Errors: Mistakes in the operating room, such as operating on the wrong site or leaving surgical instruments inside a patient.
• Medication Errors: Prescribing or administering the wrong medication or dosage.
• Birth Injuries: Negligence during childbirth that causes injury to the baby or mother.
• Failure to Treat: When a doctor correctly diagnoses a condition but fails to recommend or administer appropriate treatment.
• Poor Follow-up or Aftercare: Neglecting the necessary follow-up care or providing inadequate discharge instructions.
• Premature Discharge: Releasing a patient from the hospital too soon without ensuring stable health conditions.

How a NYC Medical Malpractice Lawyer Can Help

We understand the devastating impact medical malpractice can have on patients and their families. If you believe that you or a loved one has suffered due to medical negligence, our experienced medical malpractice lawyers in New York City are here to help. Here’s how we can assist you through this challenging time:

Experienced Evaluation of Your Case

• Initial Consultation: We offer a free, no-obligation consultation to discuss the specifics of your situation.
• Medical Review: Our team will thoroughly review your medical records and consult with medical experts to determine if your healthcare provider deviated from standard medical practices.

Building a Strong Case

• Gathering Evidence: We collect and analyze all relevant evidence, including medical records, witness statements, and expert testimonies.
• Expert Witnesses: We work with reputable medical experts who can testify on the standard of care and how it was breached in your case.

Navigating Legal Challenges

• Understanding of Laws and Regulations: We are well-versed in New York’s complex medical malpractice laws, including statutes of limitations and specific filing requirements.
• Handling Paperwork: Our team manages all legal documentation and filings, ensuring your case progresses smoothly and meets all legal standards.

Advocacy and Representation

• Negotiations: We negotiate with insurance companies and opposing counsel to achieve a fair settlement that covers your losses and damages.
• Litigation: If a satisfactory settlement cannot be reached, our skilled litigators will represent you in court, advocating passionately on your behalf.

Comprehensive Support

• Financial Relief: We aim to secure compensation for all damages, including medical costs, lost wages, pain and suffering, and more, to alleviate your financial burdens.
• Emotional Support: Understanding the emotional toll of medical malpractice, we handle every aspect of the legal process, allowing you to focus on recovery and healing.

No Fee Unless We Win

• Contingency Basis: Our services are provided on a contingency fee basis, meaning you pay no fees unless we recover compensation for you.

Common Types of Medical Malpractice

Medical malpractice can occur in various forms, each potentially devastating to patients and their families. At Sakkas, Cahn & Weiss, LLP, we have extensive experience handling various medical malpractice cases in New York City. Understanding these common types of malpractice can help you recognize if you or a loved one may have been a victim:

Misdiagnosis or Delayed Diagnosis

Incorrect diagnosis or failure to diagnose a serious condition can lead to incorrect treatment or no treatment at all, worsening the patient’s condition.

Surgical Errors

Mistakes during surgery include operating on the wrong body part, leaving surgical instruments inside the patient, or performing the wrong procedure.

Medication Errors

Errors in prescribing or administering medication, including incorrect dosage, wrong medication, or ignoring patient allergies.

Birth Injuries

Injuries to a baby or mother during childbirth, such as those resulting from delayed cesarean sections, poor fetal monitoring, or improper use of birth-assisting tools.

Failure to Treat

Failing to provide appropriate treatment for a diagnosed condition either due to oversight or inadequate assessment.

Medical Product Liability

Harm caused by defective medical devices or products, including implants, mesh, or pharmaceutical products.

Anesthesia Errors

Mistakes involving anesthesia include incorrect dosage, improper administration, or failure to monitor the patient.

Failure to Follow Up

Not following up with patients regarding test results or treatment progress can lead to complications or deterioration of the patient’s condition.

Emergency Room Errors

Mistakes made in the high-pressure environment of emergency rooms, such as misdiagnosis, delayed treatment, or poor patient management.

Anesthesia Overdose

Administering too much anesthesia can lead to severe complications, including brain damage and death.

Improper Treatment

Providing unsuitable treatment for the patient’s condition or administering treatment incorrectly.

Hospital-Acquired Infections

Infections are acquired in the hospital due to poor hygiene practices or inadequate sterilization procedures.

Failure to Obtain Informed Consent

Performing a procedure without obtaining proper consent from the patient after fully informing them of the risks involved.

Laboratory Errors

Mistakes in how tests are conducted, processed, or reported lead to diagnosis and treatment errors.

Radiological Errors

Errors in reading or interpreting imaging tests like X-rays, MRIs, and CT scans lead to incorrect diagnoses or failure to diagnose.

Failure to Recognize Symptoms

Overlooking or misinterpreting symptoms that should prompt further investigation or immediate treatment.

Neglect in Nursing Homes and Long-Term Care Facilities

Inadequate care or abuse in facilities intended for elderly or long-term care patients.

Who is Liable in a Medical Malpractice Lawsuit?

In a medical malpractice lawsuit, determining liability involves identifying the healthcare professionals or entities whose negligence contributed to the patient’s harm. Several parties can be held accountable, depending on the case’s specifics. Here’s a breakdown of potentially liable parties in a medical malpractice lawsuit:

Doctors

Doctors can be liable if their actions deviate from the accepted standard of medical care and cause harm to a patient. This can include diagnosis, treatment, aftercare, or health management errors.

Nurses

Nurses may be held liable for medical malpractice if their failure to perform their medical duties adequately leads to patient harm. This could involve medication errors, improper patient monitoring, or failure to communicate significant information to the doctor.

Hospital Staff

Other hospital staff, such as technicians and aides, can also be liable if their actions or neglect result in patient injury. This includes errors in lab work, radiology, and other diagnostic services that contribute to a misdiagnosis or failure to diagnose.

Hospitals and Healthcare Facilities

Hospitals can be directly liable under “corporate negligence” for their failures, such as inadequate staff training, understaffing, or improper credentialing. They can also be vicariously liable for the actions of their employees under the legal doctrine known as “respondeat superior.”

Pharmacists

Pharmacists may be held responsible if they dispense the wrong medication or dosage, which can lead to serious adverse effects for the patient.

Medical Specialists

Specialists, such as anesthesiologists, radiologists, or cardiologists, can be liable if they fail to perform their specialized duties to the standard of care expected in their fields.

Therapists and Rehabilitation Professionals

These professionals may be liable if their improper care or treatment protocols result in patient injury or delayed recovery.

Manufacturers of Medical Devices and Pharmaceuticals

Under product liability laws, the manufacturer may be liable if a defective medical device or drug harms a patient. This can occur even if the healthcare provider uses the product correctly.

Determining Liability

Determining who is liable in a medical malpractice case involves:

• Establishing a duty of care existed between the healthcare provider and the patient.
• Proving that there was a breach of this duty through negligence or omission.
• Demonstrating that this breach directly caused the patient’s injuries.
• Showing that the injuries resulted in significant damages.

Because of the complexity involved in identifying and proving liability in medical malpractice cases, working with an experienced medical malpractice lawyer is crucial. A skilled personal injury lawyer can help navigate the intricate details of medical malpractice law, engage with medical experts to support the case, and ensure that all responsible parties are held accountable.

Think You Have a Medical Malpractice Case? Call Us Now!

Don’t let medical errors impact your life without seeking justice. Contact Sakkas, Cahn & Weiss, LLP for a free consultation today. Our dedicated team will fight to get you the compensation you deserve. Let us help you secure justice—call now!

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Medical Malpractice FAQs in New York

What is considered medical malpractice in New York?

Medical malpractice occurs when a healthcare professional deviates from the standard of care in their field, harming a patient. This includes errors in diagnosis, treatment, aftercare, or health management.

How long do I have to file a medical malpractice lawsuit in New York?

In New York, you generally have 2.5 years from the date of the malpractice or from the end of continuous treatment rendered by the party you intend to sue to file a lawsuit.

Who can be held liable in a medical malpractice case?

Potentially liable parties include doctors, nurses, medical specialists, hospitals, healthcare facilities, pharmacists, and medical device manufacturers.

What kind of compensation can I receive?

Victims of medical malpractice can seek compensation for medical expenses, lost wages, pain and suffering, and sometimes punitive damages if egregious conduct was involved.

Do I need a medical malpractice lawyer for a medical malpractice claim in New York?

While not legally required, a NYC medical malpractice lawyer can significantly help by navigating complex legal and medical issues, handling negotiations, and potentially increasing the compensation you might receive.

What if a loved one died due to medical malpractice?

If a loved one dies as a result of medical malpractice, eligible family members may file a wrongful death lawsuit to recover damages, including funeral expenses and loss of income or support.

How is negligence proven in a medical malpractice case?

Negligence is proven by establishing that the healthcare provider failed to meet the standard of care, directly causing injury. This typically requires testimony from medical experts.

Can I sue for a misdiagnosis?

Yes, if the misdiagnosis leads to incorrect treatment, delayed treatment, or no treatment and harms the patient, it may be grounds for a medical malpractice lawsuit.

What is informed consent in medical malpractice?

Informed consent means that a patient agrees to a medical procedure or treatment after fully understanding the risks, benefits, alternatives, and potential outcomes. Lack of informed consent may lead to a medical malpractice claim.

Are there caps on damages in New York medical malpractice cases?

No, New York does not impose caps on damages in medical malpractice cases, meaning there is no upper limit to the compensation one can receive for damages such as pain and suffering.