New York Medical Malpractice Lawyer

Trust goes a long way, and it stretches even further when you or a loved one is sick, injured, or needs medical treatment. In general, we trust medical professionals to take care of us. Doctors, surgeons, nurses, and others often do everything in their power to do a professional job to treat us and keep us safe and healthy.

Yet, there are times when a negligent action or inaction puts your life or your family member’s life in jeopardy or worse. We trust healthcare professionals to keep us safe, but it is often hard to determine if an action was indeed negligent or, in fact, constitutes medical malpractice. If you or a loved one suspect medical malpractice, contact one of our New York malpractice attorneys at Hill & Moin LLP for a no-risk free case evaluation.

What is NYC Medical Malpractice?

Medical malpractice is the negligent action or inaction by a medical facility or professional that causes an injury or illness to a patient. The negligent act may be a result of diagnosis errors, treatment, lack of treatment, aftercare, or overall health care management.

To be considered medical malpractice under the law in New York, there must have been:

• A violation of the standard of care
• The negligence caused an injury
• The injury resulted in significant damages

A legal case can be brought against:

• The doctor – Only if his or her actions deviated from generally accepted standards of practice
• The hospital – If improper care or inadequate training existed
• Local, state or federal agencies that operate a hospital facility
• Nursing homes or extended care facilities – For the failure to provide proper fall protection, to prevent bedsores, and the like

New York medical malpractice cases are complex, can be expensive, and have a high risk of no recovery. The medical malpractice lawyers at Hill & Moin LLP in New York will quickly determine if you have a strong medical malpractice case based on the information you provide. Call (212) 668-6000 – working with us means you have a NYC medical malpractice lawyer “in the family.” 

Examples of New York Medical Malpractice

Most medical errors are not due to inherently bad doctors or purposeful medical negligence. Many times, medical errors stem from systemic problems of poor or reduced coordinated care, the lack of safety protocols, and the variations of physician practices and best policies.

While patients may fall victim to a variety of malpractice cases, below are some of the most common examples.

Anesthesia errors

If anesthesia is misused, it can be detrimental by causing a patient to suffer injury, often creating a variety of complications and even death.

Some examples of negligence by NYC medical professionals or anesthesiologists include:

• Choosing the incorrect drug or dosage
• Administering drugs that negatively interact together
• Giving a patient a medication that he or she is allergic to
• Failing to monitor or act on changes in vital signs
• Failing to administer anesthesia at the right time

Patients who experience trauma or injuries from anesthesia errors in New York City may be able to recover compensation for physical and psychological injuries.

Medical errors in the emergency room

The emergency room is often hectic and rushed, and the healthcare professionals are under a lot of pressure. However, medical professionals are still expected to uphold the highest standard of patient care.  Negligence by doctors, nurses, and other staff members can lead to debilitating injuries that often leave lifelong effects.

Examples of emergency room errors include:

• Chart errors
• Misread x-rays or test results
• Misdiagnoses
• Failure to diagnose
• Medication dosage errors
• Failure to recognize or treat postoperative infections

Hospital medical malpractice

It is not uncommon for hospitals to be part of a malpractice lawsuit in New York City. Staff can be held liable when patients are injured due to negligence or incompetence. Hospital negligence can come in many forms, even involving inadequately evaluating employees’ qualifications, certifications, education, and prior experience. The hospital might be responsible for failing to verify the employee has proper certification for the job performed when the injury took place.

Hospitals can also be found liable for all actions taken by their employee, including:

• Giving a misdiagnosis or failure to diagnose
• Neglecting a patient’s proper medical treatment
• Failing to send a patient to a specialist when the current physician’s care is insufficient
• Failing to order obligatory diagnostic tests
• Administering the incorrect dosage of medication
• Administering the wrong anesthesia
• Misusing devices or equipment
• Performing unneeded or nonconsensual surgery
• Being negligent with pre- or post-operative care
• Failing to adhere to hospital protocol that results in an injury

Other examples of malpractice include:

• Orthopedic and chiropractic malpractice
• Cosmetic surgical errors
• Dental surgery malpractice
• OBGYN malpractice
• Orthopedic malpractice
• Psychiatric

Hospital vicarious liability

Hospitals can also be held liable for injuries contributed to by systemic problems within the hospital, but it depends on the situation.

Hospitals, however, usually cannot be held liable for the negligent actions of independent contractors. Many doctors are not hospital employees; rather, doctors are typically contracted by the hospital on a freelance basis. Some run their own practices outside of the hospital.

Hospitals are responsible for the negligent actions of their independent contractors if it can be proven that a contractor was lacking experience, under-qualified, acting under the hospital’s direction, or represented as an employee of the hospital.

To learn if our attorneys can help you file an NYC medical malpractice claim and recover the compensation you deserve, contact us today.

How to Know If You Have a Medical Malpractice Case in New York

The following are a few factors that are usually considered when proving whether or not a patient has a medical malpractice claim in New York City.

Patient-doctor relationship: You must be able to prove your patient-physician relationship with the doctor by showing that you have hired a doctor to treat and diagnose you medically. The doctor must have agreed to this patient-physician relationship. Medical professionals can only be sued for malpractice committed within their scope of employment.

Duty of care: Physicians are required to perform their duties consistent with other medical professionals in the same field or situation. Professionals have a legal obligation to give the highest standard duty of care to their patients.

Breach of duty: When a medical professional violates the “duty of care,” he or she can be considered negligent for failing to conduct practices similar to how other professionals would have in the same situation.

Causation: In addition to negligence, you must also prove that the practitioner’s breach of duty, or lack thereof, was the cause of your personal injury. Medical records, additional documents, and expert witness testimonies can help prove your case.

Damages: A patient must be able to prove that the provider’s medical negligence incurred damages including additional medical bills, lost wages, or lost future earning capacity. Pain and suffering is also factored in when negligence harms you or a loved one.

When you file a lawsuit for malpractice in New York, you may be able to recover compensation for your injuries, pain, and suffering – and more – by retaining a medical malpractice lawyer in New York, NY.

Contact us today for a no-risk free case evaluation to discuss whether you may have a medical malpractice case.

What Does a New York, NY Medical Malpractice Attorney Do?

Once you have determined that you have a medical malpractice case in New York City, you probably have more questions that only a medical malpractice lawyer can answer. Medical malpractice lawsuits are more complex than other personal injury lawsuits. Since these cases are complex, you will require additional attention and skill of a lawyer who is well-versed in both the legal and medical aspects of your case.

How can we help you win your medical malpractice case? Our attorneys have the medical malpractice know-how. We will help you fight and win your malpractice lawsuit by:

• Reviewing and analyzing all information to help establish if you have a medical malpractice claim
• Collecting pertinent evidence and medical information including case theories, expert reports, and testimonies to support your claim
• Taking depositions from medical experts and personnel, along with third parties, the plaintiff, and the defendant
• Setting up independent medical examinations (IMEs) to obtain a second objective evaluation of the condition of the injured party
• Determining the value of your claim
• Identifying the liable parties
• Helping you understand your legal rights and providing you with options to move forward
• Handling and filing all paperwork according to the complicated rules and procedures the court or state may have

If you are considering filing an NYC medical malpractice suit, our experience can go a long way toward determining if you have a case. We advocate your rights by helping you recover compensation for:

• Pain and suffering: Medical malpractice damages typically compensate victims for physical pain and psychological distress caused by their injuries.
• Loss of consortium: If you are a surviving spouse, you may be awarded compensation for the loss of assistance, aid, and companionship of your loved one if malpractice caused a wrongful death. If you are a surviving parent, you may be awarded compensation for loss of love, affection, and companionship of your minor children as a result of their wrongful death. Also, minor children may be awarded compensation for the loss of their parents.
• Other damages: If medical malpractice caused a disability or disfigurement, you might be able to recover compensation for loss of life’s enjoyment, loss of companionship, disability or disfigurement, or loss of parental support. If medical professionals act with gross negligence, injured patients may be entitled to punitive damages.

While you may have a solid case in New York, the strength of your case may depend on your attorney’s ability to prove the case. At Hill & Moin LLP, our attorneys know not only how to build you a strong medical malpractice case but also how to present your case to the court and explain supporting evidence to a jury. With ease, we can handle questioning expert witnesses, refuting claim rebuttals, and turning facts into solid evidence – even facts that may seem unfavorable to you at first glance.

Our personal injury legal team has obtained over $200 million in awards and settlements for injured clients. Once you are ready to file a malpractice lawsuit for injuries you or a loved one has suffered, contact our attorneys to find legal remedies available that can secure your future.

How Does a New York Medical Malpractice Lawyer Get Paid?

At Hill & Moin LLP, once we determine to move forward with a claim, one of our malpractice lawyers will enter a financial agreement which ensures that we are not paid unless you get paid.

Our law firm will work for you on a contingency fee percentage basis and agree to advance all costs to be paid once there is a recovery settlement. If there is no recovery, you do not pay us or incur a financial loss.

We know the ins and outs of New York malpractice law and how to negotiate successfully for the best possible outcome.

Our NYC medical malpractice attorneys have successfully represented clients with the following malpractice issues:

• Foreign objects left behind during surgery
• Anesthesia malpractices
• Traumatic Brain injury claims
• Erb’s Palsy
• Delay and failure to accurately diagnose
• Health aide medical negligence
• Hospital and nursing home falls
• Organ perforation
• Infection management
• Wrongful death
• Ophthalmology malpractice
• Podiatric malpractice

In court, it is common that healthcare professionals will have their own medical malpractice lawyers who try to refute and devalue your case. When you have us on your side, though, we fight for your rights as if you were our own family. We will counter their arguments with facts that will strengthen your case.

Our malpractice attorneys have your best interests at heart. If you feel you or a loved one suffered neglect at the hands of a healthcare provider in New York, speak with our experienced medical malpractice lawyers at Hill & Moin LLP who will ensure that your legal rights are protected.

We will meet and exceed your expectations during each step of your personal injury case by taking action with the ultimate goal of helping you win. Because you have the right to receive compensation for the injuries you sustained due to other people’s negligence.

Don’t wonder about your rights! Give us a call today at (212) 668-6000 to speak to a professional medical malpractice lawyer in New York to get free legal advice.