Kings County NY Medical Malpractice Lawyer

When you’re looking for a medical malpractice attorney, you are undoubtedly facing one of the most challenging periods in your life. When sick or injured, all of us entrust healthcare professionals with the expectation of receiving necessary care. Regrettably, not every physician, surgeon, nurse, or other medical professional lives up to the competence we anticipate. While incompetence in many professions may lead to inconvenience, in the realm of healthcare, even minor negligence holds the potential to result in illness, injury, or fatality.

That’s where our Kings County medical malpractice lawyers step in. At Hill & Moin LLP, we comprehend the seriousness of medical malpractice situations, where individuals endure harm due to substandard care. Committed to the principle that medical professionals should uphold their oath to do no harm, Hill & Moin LLP is unwavering in advocating for the rights of those who have suffered. Whether arising from a physician’s negligence, a hospital’s oversight, or any lapse in care, our legal experts work diligently to ensure justice for their clients.

If you’re a victim of medical malpractice, don’t hesitate to contact our Kings County personal injury attorneys at (212) 668-6000. We offer a free case evaluation.

How Can I Determine if My Situation Qualifies as Medical Malpractice?

In most personal injury cases, the person or entity at fault isn’t typically likely to admit fault immediately and take the pertinent responsibility for the consequences of their actions. This also applies to physicians, nurses, or other healthcare professionals, which places the responsibility on patients and their families to discern any anomalies that deviate from the established standard of medical care.

As a general rule, a medical malpractice case has four core elements. These are:

Duty of care: Healthcare professionals are required to perform their duties towards their patients with utmost care, adhering to professional standards and ethical practices. They actually take an oath for it.

Breach of duty: When this duty of care is breached, the medical professional can be considered negligent potentially leading to legal consequences and the patient’s right to pursue compensation.

Causation: In order for your medical malpractice case to stand, you must also prove that the healthcare professional’s negligent actions have caused you harm.

Damages: Finally, the fourth medical malpractice element refers to damages, meaning that you must show that the harm caused to you by medical negligence or malpractice has led to medical bills, lost wages, pain and suffering, etc.

Nevertheless, if you suspect that you or a loved one has fallen victim to medical malpractice and are contemplating a case against a doctor, one of the best decisions that you can make is to talk to a personal injury lawyer who specializes in medical malpractice cases. If you contact our personal injury law firm, we’ll address your queries, assess whether the healthcare provider was negligent, ascertain fault for your injuries, consider the potential involvement of multiple parties, and let you know if you have grounds for a medical malpractice lawsuit, or not.

Liability for Medical Malpractice

In cases of medical malpractice in New York City, liability can extend to various parties based on the unique circumstances of each case. The primary parties that may be held legally responsible include:

Individual healthcare professionals. These can be physicians, surgeons, dentists, chiropractors, nurses, anesthesiologists, and other medical professionals. If one or multiple medical errors lead to a patient’s death, the responsible medical provider may be held accountable, especially in cases of wrongful death. The hospital may be ultimately responsible unless the doctor or surgeon is an independent contractor.

Hospitals. If the negligent party is a hospital employee, the hospital itself can be held liable under the legal doctrine of “respondeat superior,” which makes employers responsible for their employees’ negligent acts, provided the doctor, nurse, or other hospital staff member, acted within the scope of their employment.

Pharmaceutical companies. Drug manufacturers or distributors may face liability in cases where patients are harmed by medication side effects, particularly if the manufacturer failed to adequately warn doctors about potential risks associated with the drug.

Given the prescribing physician’s extensive medical knowledge and the information supplied by the manufacturer, they typically bear the responsibility of determining the appropriateness of a drug for their patient. However, it’s important to note that a doctor has an obligation to inform patients about the associated risks and complications of the prescribed medication; at least not for now.

When Should I Contact a Medical Malpractice Attorney?

When you suspect medical malpractice, it is of the essence to take legal action swiftly to protect your rights. So, contact a legal professional as soon as possible if you observe signs such as unexpected complications, lack of informed consent, or a healthcare provider’s failure to follow up on concerns.

Also, keep in mind that the time limitation for filing a medical malpractice claim in New York City is 2.5 years. Thus, waiting too long may jeopardize your ability to file your claim, hindering your chances of obtaining compensation for damages. An experienced New York medical malpractice lawyer can guide you through the legal process, assess the viability of your case, and ensure compliance with the applicable deadlines.

How Much Does a Medical Malpractice Attorney Cost?

Most personal injury attorneys in New York City handle medical malpractice claims on a contingency fee basis. This means that clients do not need to pay upfront fees, and attorneys only collect a percentage of the compensation awarded if the case is successful. Contingency fees commonly range between 30% – 40% of the total compensation recovered, but the specific percentage may vary among law firms. One advantage of this arrangement is that clients are not financially burdened during the legal process, allowing them access to experienced legal representation without upfront expenses. However, it’s crucial to discuss fee structures with potential attorneys during initial consultations to ensure a clear understanding of the financial aspects of your case.

Let Our Kings County Medical Malpractice Attorneys Help You With Your Claim

At Hill & Moin LLP, we go beyond legal representation, standing as your allies in the pursuit of justice. Our team genuinely cares beyond the courtroom and we’re often referred to as “the lawyer in the family”. Choosing us means more than seeking compensation. That’s because our personal injury law firm stands against negligence, demanding accountability.

We handle Kings County medical malpractice cases on a contingency fee basis. In other words, if we don’t secure compensation for you, you owe us nothing. With our passionate attorneys in your corner, your voice will be heard and justice will be served!

Contact us today for a free consultation at (212) 668-6000 or through our online form to find out more about your Personal Injury Recovery Solutions®.

Don’t wonder about your rights!