Manhattan NY Medical Malpractice Lawyer

Trust is of the essence, especially when you or a loved one is unwell, injured, or requires medical attention. When such circumstances occur, we place our trust in medical professionals to care for us accordingly. In Manhattan, most medical staff exert an astonishing effort to perform their duties professionally, ensuring our safety and well-being. Most, as we say…

That’s because there are instances when a negligent action or inaction of a healthcare professional puts your life or the life of a family member in grave danger.

At Hill & Moin LLP, our dedicated Manhattan medical malpractice attorneys fully grasp the gravity of these situations. We firmly believe in standing up against powerful institutions and insurance companies to hold negligent healthcare providers or professionals accountable for their actions. As advocates for justice, we recognize that trust in the medical field goes a long way, and when that trust is shattered, we are ready to provide the legal support that you need.

If you or a loved one suspects medical malpractice, don’t hesitate to contact us for a free, no-obligation, consultation. We also serve other areas inside and outside New York City, including Queens, Brooklyn, Bronx, and Nassau County.

What Constitutes Medical Malpractice in Manhattan, NY?

Medical malpractice can take the form of either commission, indicating actions the medical professional did perform, such as extracting the wrong tooth, or omission, signifying instances where the medical professional failed to act, like overlooking diagnosis for a certain disease or condition. Regardless of the nature of the act, if there is a breach of duty or a failure to meet the standard of care, resulting in harm to you or a family member, the healthcare provider or facility may be held accountable.

Common reasons for medical malpractice in Manhattan

Medical malpractice can occur due to various reasons, and it’s important to note that not all instances of adverse outcomes in healthcare are necessarily malpractice. However, some common factors contributing to medical malpractice cases include:

• Negligence: This is a primary cause, encompassing errors such as misdiagnosis, delayed diagnosis, medication errors, surgical mistakes, and other lapses in providing the standard of care. Sadly, these can also lead to a patient’s wrongful death.
• Communication errors: Miscommunication among healthcare providers or professionals, failure to convey crucial information to patients, or misunderstandings can lead to serious consequences.
• Lack of informed consent: Failure to properly inform patients about the potential risks, benefits, and alternatives of a medical procedure can result in legal consequences.
• Fatigue and burnout: Overworked and fatigued medical staff may be more prone to errors, affecting the quality of care provided.
• Inadequate training or supervision: Medical professionals who lack proper training or supervision may be more likely to make mistakes.
• Equipment failure or malfunction: Technical errors, including problems with medical equipment, can lead to serious complications.
• Failure to follow protocols: Not adhering to established medical protocols and standards of care can result in preventable mistakes.
• Poor record keeping: Inaccurate or incomplete medical records can contribute to miscommunication and errors in patient care.
• Understaffing: Insufficient staffing levels may lead to rushed decisions and compromised patient care.
• Substance abuse: Medical professionals struggling with substance abuse issues may be more prone to errors and lapses in judgment.

Common types of medical malpractice

We’ve already mentioned above some of the most common types of medical malpractice which more or less fall under negligence. These are misdiagnosis, delayed diagnosis, medical procedure errors, medication errors, of failing to commit to the necessary healthcare standards and protocols. However, in this page section, we’re going to get more specific.

So, here are several examples of medical errors or hospital negligence that may provide grounds for a medical malpractice claim:

• Medication overdose or underdose
• Wrongful amputation
• Wrongful tooth extraction
• Misinterpretation of X-rays, MRIs, etc.
• Incorrect blood transfusion
• Improper functioning or outdated patient monitoring equipment
• Nursing home negligence
• Nerve injuries
• Misuse of surgical tools
• Failure to monitor vital signs
• Failure to diagnose cancer or other diseases
• Surgical instruments left inside the patient
• Anesthesia awareness (patient regains consciousness during surgery)
• Incorrect joint replacement surgery
• Negligent postoperative care
• Sepsis
• Osteomyelitis
• Bed sores
• Failure to recognize and respond to fetal distress
• Mismanagement of labor and delivery complications

It’s essential to understand, though, that each medical malpractice case is unique. The reasons that led to malpractice and the factors surrounding each case can vary greatly. If you suspect medical negligence or error, consulting with a knowledgeable medical malpractice attorney is crucial to determine the validity of your case.

Is Medical Malpractice Difficult to Prove in Manhattan, NY?

Medical malpractice is, in general, pretty difficult to prove. That’s because it requires a complex interplay of legal and medical expertise. In the context of New York’s medical malpractice laws, establishing a claim demands the claimant to prove three essential factors. These are:

• a doctor-patient relationship
• deviation from accepted medical practices
• a direct link between the medical professional’s actions or inactions, and the patient’s injuries

Each one of these factors comes with its specific challenges.

Challenges in determining the doctor-patient relationship

Determining the doctor-patient relationship may be the easiest on the list. That’s because the existence of this relationship is often evident in documentation, so, it is a relatively clear-cut aspect of the case. However, the relevance of the medical malpractice claim relies on demonstrating that the medical professional owed a duty of care to the patient, and this duty was breached, leading to the alleged injuries. Therefore, while the initial identification of the doctor-patient relationship may be relatively uncomplicated, its significance in the broader context of proving medical malpractice adds layers of complexity to the overall legal process.

Challenges in determining deviation from medical practices

Obviously, this aspect concerns the breach of duty directly. In other words, the claimant must prove that their healthcare professional’s actions deviated from the widely accepted practices observed by the majority of other medical professionals facing similar circumstances.

We should note here, that a mere medical error may not qualify as malpractice. The claimant must prove that the procedure he or she has undergone, or the treatment they were administered was not in accordance with the accepted standard of care. This is actually one of the reasons claimants should appoint the services of a medical malpractice attorney and expert witnesses who are able to provide information about the expected medical care.

Challenges in showing that the healthcare provider’s actions led to the patient’s harm

The first aspect that needs to be noted here, is that the medical professional does not need to prove that they have proceeded correctly in applying the pertinent medical care. It’s almost always the other way around; the claimant must demonstrate that their doctor, nurse, surgeon, etc., has acted wrongfully which led to their harm.

This being said, the claimant (or their legal representative) must demonstrate that the healthcare provider’s action or inaction has led to the patient’s injuries. Differently put, they must demonstrate that they were not hurt or aggravated by their existing illness, condition, or pre-existing injury.

There is also the financial burden, coupled with the formidable power and resources of the healthcare industry, which adds another layer of complexity. There exists a bias in favor of medical professionals, and the considerable costs involved in litigation make it imperative for claimants to choose legal representation carefully.

So, in conclusion, medical malpractice claims, involve intricate legal standards, complex medical data, and financial considerations, which renders them challenging to undertake and prove. However, when our legal experts decide to take your case, you can be sure that we have a pretty solid shot at the compensation you rightfully deserve.

How Long Does a Medical Malpractice Lawsuit Take in Manhattan, NY?

The average resolution of most Manhattan medical malpractice cases spans over a period of 2-3 years. If a settlement isn’t reached and the case makes it to a trial, the legal proceedings may extend to approximately 4-5 years. Also, if compensation involves large sums of money (over a few millions), the case may prolong for more than 5 years.

As we’ve already mentioned, each medical malpractice case is unique and involves pretty specific factors. Some of these factors may affect the duration of the whole legal process. Among them, we can count:

Complexity of the case. If the medical issues are highly complex, an increased number of questions may need to be taken into account. Also, a larger amount of evidence may take longer to resolve.

Number of parties involved. Multiple defendants or involved parties can lead to more complex legal proceedings and longer timelines, and implicitly increase the timeline of the case.

Severity of the injuries. The extent of harm suffered by the plaintiff can affect the case’s complexity and the time required for thorough evaluation and presentation of evidence.

Disputes over liability. Disputes regarding who is responsible for the alleged malpractice can prolong the pre-trial phase as parties gather evidence and argue their positions.

Negotiation and settlement attempts. The willingness of parties to negotiate and reach a settlement can significantly impact the timeline. Settlements may expedite the process compared to cases that go to trial.

Court docket congestion. The caseload of the court and its availability for scheduling hearings and trials can affect how quickly a case moves through the legal system.

Expert witness availability. Securing expert witnesses to testify on behalf of either party can sometimes be a time-consuming process, especially if experts are in high demand.

Discovery process. The time required for the discovery phase, where both parties exchange information and gather evidence, can vary based on the volume and complexity of the information involved.

Legal and procedural challenges. Unforeseen legal challenges, such as motions, appeals, or procedural issues, can extend the duration of the case.

Insurance company cooperation. The degree of cooperation and responsiveness of insurance companies involved in the case can affect the pace of negotiations and settlements.

Finally, the efficiency of your medical malpractice lawyer can play a significant role in the duration of the process. At Hill & Moin LLP, our Manhattan medical malpractice attorneys are highly focused on speeding up the legal proceedings for each client so that justice is efficiently served and our clients can promptly attain the compensation they deserve.

How Much Does a Manhattan Medical Malpractice Lawyer Cost?

In New York, the wide majority of personal injury lawyers operate on a contingency fee basis. In broad terms, this means that they only get paid when they secure a settlement or judgment for their client, and their payment is usually a percentage of the secured settlement. This pretty much applies to medical malpractice lawsuits in Manhattan and other boroughs of New York City.

However, in the state of New York, the cost of hiring a medical malpractice lawyer is governed by a prescribed “sliding scale” under Section 474-a of the New York Civil Practice Law and Rules. This scale determines the contingency fees based on the gross recovery in a medical malpractice case. The fees are structured as it follows:

• 30% of the first $250,000.00 recovered
• 25% of the next $500,000.00 recovered
• 20% of the next $250,000.00 recovered
• 15% of the subsequent $250,000.00 recovered
• 10% of all sums recovered over $1,250,000.00

At Hill & Moin LLP, once our medical malpractice lawyers are committed to your case, they work on a contingency fee basis. This means they only get paid if you do, and they cover all costs upfront. Their dedication to protecting your rights is evident in their commitment to countering healthcare professionals’ arguments with facts, ensuring a robust defense for their clients in the intricate landscape of New York malpractice law.

Why Is It Important to Hire a Medical Malpractice Lawyer?

It goes without saying that having professional legal guidance can considerably increase your chances of securing a favorable settlement or judgment in a personal injury case. In case of a medical malpractice case, the guidance provided by an attorney who specializes in this type of cases can be exponentially valuable. That’s because medical malpractice lawsuits are quite complex; they not only require a thorough knowledge of the related laws, they also call for the input of expert witnesses, and a nuanced understanding of intricate medical records and procedures.

So, why would a person need a medical malpractice lawyer, you ask? This is why:

• Expertise in medical laws: A medical malpractice lawyer possesses specialized knowledge of the complex laws surrounding healthcare negligence, ensuring a thorough understanding of legal nuances specific to these cases.
• Evaluation of case merit: Attorneys can accurately assess the merit of a medical malpractice case, determining whether negligence occurred and if there’s a strong foundation for pursuing legal action.
• Navigating complex medical records: Understanding intricate medical records is challenging for non-professionals. Attorneys have the expertise to interpret these records, identifying crucial details that strengthen the case.
• Advocacy against healthcare institutions: Medical malpractice often involves healthcare institutions with formidable legal teams. You’ll definitely need someone with similar skills in your corner, otherwise there’s a good chance you’ll lose.
• Thorough investigations and expert witnesses: Attorneys conduct their own case investigations and consult expert witnesses to build a compelling case, providing evidence that strengthens the victim’s position in negotiations or court.
• Protection of victim’s rights: Not all personal injury victims are aware of their rights. Attorneys ensure that the victim’s rights are protected throughout the legal process, handling paperwork, deadlines, and negotiations with insurance companies, etc.
• Emotional support and guidance: Beyond legal expertise, attorneys offer emotional support, guiding clients through challenging legal proceedings, ensuring they understand their options, and providing a steady presence during a difficult time.

Contact a Manhattan Medical Malpractice Lawyer Today!

Medical error or negligence can lead to severe injuries that can take a considerable toll on your life. This is why you should consider pursuing a personal injury claim or lawsuit. We know, a medical malpractice suit isn’t exactly what anyone would want to go through. But your physical, mental, and financial future well-being may depend on it.

This is where our personal injury law firm comes in! Our medical malpractice lawyers will guide you through the whole legal process, make sure you won’t miss any deadlines, answer all your questions, and take care of the whole legal paperwork involved. If necessary, we are fully prepared to take your case to trial to secure fair compensation.

To learn about your Personal Injury Recovery SolutionsⓇ, contact a medical malpractice lawyer at (212) 668-6000 to schedule your initial free consultation with us today.

Don’t wonder about your rights!