Bronx NY Medical Malpractice Lawyer

When you need medical attention, you put your whole trust in the hands of the medical professionals who take care of you. However, when doctors, nurses, or medical facilities fail to meet the accepted standard of care, the consequences can be catastrophic, even fatal. This breach of trust demands accountability, and that’s where the Bronx medical malpractice lawyers at Hill & Moin LLP step in.

Our experienced personal injury attorneys understand the gravity of medical malpractice cases, where victims suffer due to inadequate care. Upholding the belief that medical professionals should adhere to their oath to not harm their patients, Hill & Moin LLP is dedicated to championing the rights of those who have been harmed. We also serve other NYC areas including Staten Island, Manhattan, and Nassau County. Whether it’s a physician’s negligence, a hospital’s oversight, or any other lapse in care, our legal professionals strive to secure justice for their clients.

The personal touch is what sets Hill & Moin LLP apart. With a commitment to building a personalized approach to every case, our medical malpractice lawyers stand as advocates for the injured. If you’ve experienced the devastating impact of medical malpractice in the Bronx, we offer not just legal representation but a compassionate ally, ensuring you can focus on recovery. Contact us at (212) 668-6000 for a free consultation and let experienced hands guide you through the path to justice.

What Is Considered Medical Malpractice in the Bronx, NY?

In the Bronx and the other boroughs of New York City, medical malpractice is defined by the breach of the high standard of care to which healthcare providers are held. This standard requires doctors to exhibit equivalent skill and competence as a reasonable practitioner under similar circumstances. Breaches, whether through commission or omission, can lead to serious consequences, including injury or death, marking a potential case of malpractice. Negligent acts encompass errors in treatment, misdiagnosis, surgical mistakes, improper medication administration, and more.

Shockingly, medical errors, a significant component of malpractice, contribute to over 250,000 deaths annually in the United States. Regardless of the specific nature, when there’s a breach resulting in harm, healthcare providers may be held accountable for medical malpractice.

It’s also important to note that medical negligence and malpractice are often used interchangeably, but there are differences between the two terms. Also, not all medical errors are acts of medical malpractice or negligence. In the section below, we’ll try to break down the terms a little, to bring more light to what exactly defines medical malpractice.

Medical error vs. negligence vs. malpractice

To begin with, medical malpractice involves deviations from the high standard of care expected from healthcare providers. Here’s a clear example of a case that can be considered medical malpractice:

• A surgeon hastily diagnoses a patient with a common ailment, overlooking crucial symptoms and failing to conduct necessary tests. As a result, the patient’s condition worsens, leading to irreversible harm that could have been prevented with proper diagnosis and timely intervention. This deviation from the standard of care constitutes medical malpractice.

Negligence, which is very often the cornerstone of malpractice claims, is defined by a breach of duty compared to the accepted standard of care in the medical field. It necessitates a causal link between the negligent act and resulting harm. Here’s a clear case of medical negligence:

• A doctor fails to review a patient’s medical history, which clearly notes a severe allergy to a specific drug. Despite this information, the doctor prescribes the drug, leading to a severe allergic reaction in the patient. The failure to consider the known allergy constitutes negligence.

As we’ve already mentioned above, not all medical mistakes lead to malpractice; harmless errors, disclosed risks, or errors that don’t proximately cause harm may not be legally actionable. Here’s an example of a medical error that usually doesn’t provide solid grounds for a medical malpractice lawsuit:

• A nurse accidentally administers the wrong medication to a patient due to a misinterpretation of the prescription. Fortunately, the patient experiences no harm, and the error is promptly rectified.

Statute of limitations for medical malpractice claims in The Bronx

In the Bronx, NY, the statute of limitations for medical malpractice, dental, or pediatric malpractice is two years and six months from the occurrence or the conclusion of continuous treatment by the alleged negligent party. Moreover, wrongful death claims where the decedent lost their life due to medical malpractice share the same time limitation, the general time limitation for filing a wrongful death claim being is two years.

The two-and-a-half-year timeframe applies uniformly across Brooklyn, Queens, Manhattan, and other boroughs of New York City. However, for minors, the clock pauses until they reach adulthood, providing a fair and balanced approach. Governed by CVP Law § 214-A, this legal restriction, with a general 2.5-year deadline for adults, ensures a reasonable timeframe for patients to pursue malpractice claims while protecting healthcare professionals from prolonged threats.

How Do I Know If I Have a Valid Medical Malpractice Claim?

Determining the validity of a medical malpractice claim can be daunting, especially for those without medical expertise. However, several signs can be pretty obvious that you’ve been a victim of medical malpractice. Among them, we can count:

• Lack of informed consent. Your doctor performed a procedure without your agreement or failed to thoroughly explain the risks. If you’ve suffered harm from this lack of informed consent, proof of deviation from the standard of care may not be required.
• Severe complications or unusual outcomes. If you experience unexpected and severe complications post-treatment, it could signify a mistake made by your doctor or healthcare provider.
• Ineffective treatment. If your injury or illness fails to improve despite the treatment received, it may suggest an error in diagnosis or treatment.
• Lack of follow-up. If your doctor doesn’t address concerns or is unavailable after you’ve raised questions about unusual or painful side effects, it could indicate negligence or oversight in your care.
• Discrepancy between treatment and condition. If the treatment you received appears excessive in relation to your condition and results in harm, you may be a victim of medical malpractice.
• Understaffed healthcare facility. Understaffed hospitals and facilities can lead to subpar care, increasing the likelihood of mistakes or oversights in-patient treatment.
• New symptoms. If you develop new symptoms, especially those not warned about, it could signify an error in your healthcare provider’s diagnosis or treatment plan.

While distinguishing between complications and malpractice can be challenging, consulting a Bronx medical malpractice attorney, along with a medical expert, is essential. Their expertise and experience allow them to assess whether the care deviated from the accepted standard and guide you in understanding the nature of the incident. If you have concerns about the quality of medical care you’ve received in the Bronx, reaching out to an experienced malpractice lawyer is imperative for a thorough evaluation.

What Do I Need to Prove for a Successful Medical Malpractice Claim?

For a successful claim, medical malpractice victims generally need to prove the following aspects:

• Doctor-patient relationship. To establish a patient-physician relationship with a doctor, you need to demonstrate that you enlisted the services of the doctor for medical treatment and diagnosis. It is essential that the doctor willingly agreed to enter into this patient-physician relationship. Malpractice claims against medical professionals are only applicable for actions committed within the scope of their employment.
• Negligence. Healthcare professionals have a legal obligation to give the highest standard duty of care to each patient. The act of breaching that duty can be considered negligent. This being said, to prove negligence, you must establish that the medical caregiver or facility deviated from the standard of care, comparing their actions or decisions against what a reasonably competent professional would have done in similar circumstances. Also, it’s important to add here, that a healthcare professional can also be a hospital employee, physician assistant, nurse practitioner, or any other medical professional, not just a physician.
• Causation. Link the identified negligence directly to the patient’s injury or illness, proving that the mistake made by the doctor or caregiver caused harm that wouldn’t have occurred otherwise. Expert witnesses often contribute to substantiating this link.
• Injury resulting in damages. Prove that your injury resulted in quantifiable damages, including additional medical bills, lost wages, pain and suffering, and other relevant losses. Damages are crucial in establishing the extent of harm caused by the medical negligence.

Compensation in Bronx Medical Malpractice Lawsuits

In a medical malpractice lawsuit, the victims may seek redress through a range of damages, encompassing both tangible and intangible losses.

• Economic Damages:
  • Present and future medical bills
  • Rehabilitation and therapy
  • Nursing care
  • Medical devices
  • Medical equipment
  • Lost wages and income
  • Reduced earning capacity
  • Disability, and more
• Non-economic Damages:
  • Chronic pain
  • Emotional distress
  • Disfigurement
  • Scarring
  • Reduced quality of life
  • Loss of consortium

Unlike many other states, there are no caps on compensatory awards in New York State. Also, in limited instances, punitive damages may also be available. However, there must be clear and convincing evidence that a doctor or healthcare provider acted intentionally or with such gross negligence that punishment is necessary.

Do I Need a Bronx Medical Malpractice Lawyer to Pursue My Case?

The guidance offered by a Bronx medical malpractice attorney becomes exceptionally valuable. That’s because medical malpractice suits are inherently complex. They not only demand a comprehensive understanding of relevant laws but also the involvement of expert witnesses and a nuanced grasp of intricate medical records and procedures. So, here are a few reasons to use the services of a medical malpractice lawyer.

• Essential expertise. A Bronx Medical Malpractice Attorney possesses specialized knowledge crucial for navigating the complexities of malpractice claims.
• Case viability assessment. Attorneys can evaluate the strength of your case, determining its viability and potential for success.
• Evidence gathering. Professionals help gather necessary evidence, ensuring a robust foundation for your claim.
• Negotiation skills. Attorneys adeptly negotiate with insurers, striving for optimal compensation on your behalf.
• Court representation. In the event of litigation, attorneys provide representation, safeguarding your rights and interests effectively.
• Local regulations mastery. With a deep understanding of local regulations, attorneys navigate jurisdiction-specific legal nuances.

Do I Still Need an Attorney if I Received a Settlement Offer in My Bronx Medical Malpractice Case?

The answer to the question above is an absolute “Yes”. Let us explain why.

In nearly all instances, the healthcare provider responsible for malpractice is covered by a medical malpractice insurance policy. It’s common for the insurer to approach you early on with a settlement proposal. Insurance companies not only operate to maximize profits, they also aim to minimize payouts. Thus, their initial offer is likely the least possible, and they may even attempt to deny your claim. Often, the offered amount won’t cover all medical expenses, let alone other potential damages for which the insurer’s offer may fall short. Therefore, having an experienced Bronx medical malpractice lawyer is crucial to ensure you receive fair compensation.

At Hill & Moin LLP, our attorneys have over 40 years of experience in personal injury cases, including medical malpractice cases. With a proven track record of success, our dedicated team specializes in navigating the complexities of medical malpractice law, ensuring that our clients receive the justice and financial support they deserve.

Here Are Some of Our Notable Medical Malpractice Settlements

• $6.5 million settlement for medical negligence in treating a stroke patient.
• $2.5 million settlement of a malpractice action for medical errors in the delivery of a baby causing brain damage.
• $1.5 million settlement of a malpractice action for a brain-damaged mother involving medical errors in the delivery of her baby.
• $650,000 settlement for a medical malpractice claim where a doctor failed to treat an infection.
• $550,000 settlement for a medical malpractice case where a patient sustained medical malpractice injuries due to a hospital error that occurred during surgery.

Hill & Moin LLP – The Bronx Medical Malpractice Lawyers You Need!

At Hill & Moin LLP, our commitment to your rights and best interests goes beyond legal representation; we are your steadfast allies in the pursuit of justice. Often regarded as “the lawyer in the family,” our team embodies a genuine care that transcends the courtroom. Choosing us means more than seeking compensation for yourself; it’s a resolute stand against negligence, a demand for accountability from those entrusted with your well-being.

We take the financial burden off your shoulders by handling Bronx medical malpractice cases on a contingency fee basis. Simply put, if we don’t secure compensation for you, you owe us nothing. With our passionate Bronx medical malpractice lawyers on your side, your voice will resonate, ensuring those responsible are held to account.

Contact our personal injury law firm today to explore your Personal Injury Recovery SolutionsⓇ. Schedule a free initial consultation by calling (212) 668-6000 or filling out our online contact form. Don’t wonder about your rights; entrust them to Hill & Moin LLP, where advocacy meets genuine care.