Brooklyn NY Medical Malpractice Lawyer

Placing your trust in medical professionals is a fundamental aspect of seeking treatment. However, this trust is often shattered when negligence or improper care leads to devastating consequences, a grim reality seen all too often in Brooklyn, the other boroughs of New York City, and across the United States. Patients have the right to expect competence, respect, and professionalism when entrusting their lives and well-being to doctors and nurses. That’s why, upholding an acceptable standard of care is not just a professional obligation but a legal responsibility for healthcare providers.

Needless to say, the fine line between a mistake and medical malpractice can be a source of conflict, especially for first-time victims seeking justice through litigation. In such challenging times, our compassionate Brooklyn medical malpractice attorneys play a crucial role in holding negligent healthcare professionals accountable and contributing to a safer healthcare system for all.

If you or a loved one has suffered due to medical malpractice in Brooklyn, NY, seeking compensation through a medical malpractice claim may be crucial for your recovery and your future financial well-being. So, don’t hesitate to contact a Brooklyn medical malpractice attorney at Hill & Moin LLP. For a free case evaluation, call us at (212) 668-6000.

What Defines Medical Malpractice in Brooklyn, NY?

Medical malpractice, often interchanged with medical negligence, encompasses instances where healthcare providers fail to deliver appropriate medical care. And to be clear, the term “healthcare providers” here refers to hospitals, doctors, nurses, or clinics.

This negligence manifests in various forms, from diagnostic errors and treatment mistakes to surgical blunders and medication errors, potentially resulting in severe harm to the patient. The gravity of medical malpractice is underscored by the life-altering consequences it can impose on unsuspecting victims who place their trust in healthcare professionals.

In New York, each and every medical professional is held to a stringent standard of care, necessitating them to provide reasonable care in line with similar circumstances in their field. Distinguishing medical negligence from a poor treatment outcome involves collaboration with personal injury lawyers and expert medical witnesses to ascertain the breach of the standard of care.

Time Limitations for Filing a Medical Malpractice Claim in Brooklyn, NY

In New York, the statute of limitations for medical malpractice, dental, or pediatric malpractice is set at two years and six months from the date of the malpractice or the conclusion of continuous treatment by the party accused of negligence. In other words, the window of opportunity for a claimant to initiate a civil suit for monetary damages in the event of medical malpractice is two years and six months. Evidently, this time limitation applies to Brooklyn, Queens, Bronx, Manhattan, and other NYC areas.

Things are slightly different in case the victim is a minor, though. In such cases, the clock stops until they reach adulthood. This legal restriction aims to balance fairness for medical professionals by closing the door on lawsuits after a reasonable time, acknowledging that evidence may deteriorate with time. The statute, found under CVP Law § 214-A, generally imposes a 2.5-year deadline for adults to file medical malpractice claims, with some exceptions that may provide flexibility. This statute serves as a safeguard, allowing a reasonable period for injured patients to decide on pursuing malpractice suits while preventing prolonged threats to healthcare professionals.

Proving Medical Malpractice: Key Elements to Consider

Proving medical malpractice in New York hinges on establishing the elements of negligence within the healthcare provider’s conduct. The key components include:

1. Duty: A doctor owes a duty of care to the patient, ensuring medical attention akin to that provided by a similarly situated professional under comparable circumstances.
2. Breach: If the healthcare provider fails to uphold this duty, offering substandard care, it constitutes a breach of the patient’s entitled care.
3. Causation: The breach must be a direct and proximate cause of the harm suffered by the patient.
4. Damages: To validate a medical malpractice claim, the patient must have sustained compensable damages due to the breach, reflecting the harm suffered.

Additionally, proving negligence involves establishing a doctor-patient relationship, demonstrating a departure from the standard of care through expert testimony, linking negligence to the patient’s injury or their wrongful death, and proving resulting damages. It is also worth noting that unlike in other states, New York’s medical malpractice laws lack caps on damage awards, emphasizing the importance of meeting the stringent criteria for a successful claim. The legal landscape underscores the need for comprehensive evidence to navigate the complexities of medical malpractice cases successfully.

What Steps Do I Need to Take After a Medical Malpractice Incident?

If you suspect medical malpractice, swift and strategic actions can significantly impact the outcome of your case. So, here are several useful steps that you can follow:

Avoid discussing malpractice with your healthcare professional (be it your doctor, nurse, healthcare representative, etc). Refrain from accusing your doctor of malpractice without consulting an attorney to avoid potential harm to your case. Steer clear of posting legal accusations on social media, as it may lead to defamation claims.

Seek medical help from another healthcare professional. Prioritize your health by seeking assistance from another doctor to mitigate the risk of additional medical negligence. Clearly explain your suspicions of malpractice to the new physician, ensuring documentation of your condition and treatment.

Obtain your medical records. Request copies of your medical records from both your current and prior physicians, as these are crucial in proving malpractice. Ensure you obtain comprehensive information, including notes, lab results, and medication history.

Document your experience. Write down everything that you have and are currently experiencing in as much detail as possible, noting symptoms, treatments, and the impact on your life. Your journal can be used as crucial evidence in building your case and assessing damages. Take photos of your injuries, whether or not they were directly caused by any medical staff. These can make an impression if your case goes to trial. Also, witness information can be extremely useful.

Consult a medical malpractice attorney. An attorney specializing in medical malpractice can assess the viability of your case, and guide you through the legal process. Also, when engaging with an attorney, be transparent about all the details surrounding the incident, as this enables them to provide comprehensive legal counsel.

Can I still file a claim for medical malpractice if I signed a waiver of consent?

Signing a waiver of informed consent or any other consent form does not exclude the possibility of filing a medical malpractice claim and does not prevent you from suing the healthcare provider if you suspect medical negligence. It merely signifies your acknowledgment of the known risks associated with a procedure and your agreement to undergo it, understanding those specific risks.

Nonetheless, the act of signing a consent form does eliminate the obligations of healthcare providers from causing harm to the patient. They remain responsible for their patients’ health, safety, and well-being.

Damages in Brooklyn Medical Malpractice Cases

In Brooklyn medical malpractice cases, victims may pursue compensation for a range of damages resulting from physical, emotional, and financial harm inflicted by negligence.

Economic damages are intended to reimburse tangible financial losses, covering:

• Medical expenses
• Continuing treatment costs
• Rehabilitation expenses
• Lost wages or diminished earning capacity
• Other financial burdens associated with the incident

Non-economic damages aim to account for intangible losses. These can include:

• Pain and suffering
• Psychological injuries
• Disfigurement
• Loss of enjoyment of life

Punitive damages are also on the list of damages a medical malpractice victim may be able to collect. However, this category of damages serves as a punishment to the defendant rather than compensation to medical malpractice victims. Obtaining punitive damages requires a high standard of proof, with victims needing to demonstrate the defendant’s complete disregard for safety and health, supported by clear evidence of wanton and willful negligence. As a general rule, punitive medical malpractice damages are awarded in cases of particularly reckless actions or intentional misconduct; they typically call for evidence of gross negligence.

What Is the Average Settlement in NYC Medical Malpractice Claims?

According to Comptroller NYC, there were 441 medical malpractice claims in New York City in FY 2022 out of which 89 were settled with a total amount of $60.3 million, with an average payout per claim of $677,000. The number of claims was considerably lower in 2021, though, with a total of 339, out of which 112 were resolved, with a total payout of $75.5 million, the average settlement being $674,000.

The average settlement in a Brooklyn medical malpractice claim can depend on a variety of factors. The list includes:

• The severity of the victim’s injuries
• Medical treatment costs
• Lost income
• Provable damages
• Liability

The reputation and experience of legal representation, the strength of evidence, and the specific circumstances surrounding the malpractice incident contribute to determining a fair and just settlement for the affected party. At Hill & Moin LLP, our experienced Brooklyn personal injury attorneys will make sure that you are rightfully compensated in your medical malpractice lawsuit so that you can focus on recovery and get your life back on track.

How Can Our Attorneys Help You With Your Medical Malpractice Case?

When you choose Hill & Moin LLP, you can be sure that we will handle every aspect of your medical malpractice case. This pretty much covers:

Legal guidance. We are dedicated to answering all your questions and guiding you through the legal process. If you’re a victim of medical malpractice, our attorneys provide the necessary information, evaluate the viability of your claim, and explore available legal options.

Paperwork. In-depth documentation is crucial in medical malpractice cases, and we take charge of gathering extensive medical records, eliminating the burden on you. Our commitment includes engaging medical experts in New York and across the U.S. to establish a breach of the standard of care owed to the patient.

Collecting and compiling evidence. Investigating the incident is highly important to a successful claim, and our Brooklyn medical malpractice lawyers will gather evidence, consult with specialists, and secure expert testimony to support your case.

Communication and negotiation. Our Brooklyn attorneys proficiently handle communication and negotiation with the opposing side, ensuring fair treatment and preventing any statements that may compromise your claim.

Taking your case to trial. In the event of unsuccessful negotiations, we are prepared to take your case to trial, building a compelling case to present to the jury and advocating for maximum compensation.

Seeking legal help is indispensable in all personal injury cases not just medical malpractice, and our experienced attorneys at Hill & Moin LLP assess your case, gather and review evidence, file formal complaints, and engage in negotiations or litigation, ensuring thorough representation throughout the legal proceedings. Trust us to fight tirelessly to protect your best interests in the complexities of medical malpractice law.

Hill & Moin LLP – Attorneys Who Care

In the aftermath of medical malpractice, choosing the right legal advocates is of the essence. At Hill & Moin LLP, we are dedicated to safeguarding the rights and best interests of our clients. Often referred to as “the lawyer in the family,” our team’s commitment stems from genuine care. When you enlist Hill & Moin as your legal representation, you’re not merely pursuing justice for yourself; you’re taking a stand against negligence and demanding accountability from healthcare providers.

At Hill & Moin LLP, we handle medical malpractice cases on a contingency fee basis; in other words, if we do not obtain compensation for you, you owe us nothing! With our passionate Brooklyn medical malpractice attorneys by your side, your voice will be heard, ensuring that those responsible are held accountable.

Contact our law firm today to discuss 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!