Medical Malpractice Lawsuits
If you or someone you care about has suffered a serious injury that was caused by doctor or hospital negligence, you may be entitled to pursue compensation by filing a medical malpractice lawsuit on Long Island or in New York City.
New York law defines medical malpractice as negligence committed by a professional health care provider— whether a nurse, doctor, dentist, hospital, or hospital worker—whose performance fails to meet the standard of care expected of those with similar training and experience, resulting in patient injury.
The Long Island medical malpractice attorneys at Edelman, Krasin & Jaye have a proven track record with over 20 years of recovering successful verdicts and settlements on behalf of injured New Yorkers. Our reputation rests on diligence, skill and unwavering dedication to our clients, as your success is our success.
Medical malpractice on the rise
Unfortunately, national statistics paint a grim story in terms of malpractice incidents in U.S. hospital and medical facilities.
According to a review conducted by Johns Hopkins, diagnosis errors account for 40,000 to 80,000 hospital deaths each year in the United States. Medical malpractice lawsuits arising from diagnostic mistakes are nearly twice as common as litigation involving medication errors.
While efforts have been put in place to safeguard patients from life-altering injuries, data shows that wrong-site surgeries, misdiagnoses and other medical mistakes are alarmingly rampant, with 14 percent of malpractice claims attributed to diagnostic mistakes.
Malpractice can occur in many areas of the medical field, and the experienced Long Island personal injury attorneys at Edelman, Krasin & Jaye can collect all relevant medical records, investigate the circumstances of your injury, and obtain fair compensation for your related injuries and pain.
Types of medical malpractice claims
While New York produces some of the best doctors, surgeons and other health care professionals in the world, medical mistakes do occur, and most times they are preventable. Regrettably, many unwary patients find themselves victims of the health care provider’s choice to place profits over patient safety.
In 2012, NYC taxpayers shelled out more than $134 million to resolve malpractice claims concerning medical mistakes within the city’s public hospitals. Cases ranged from catastrophic birth injuries linked to fetal brain damage to missed diagnoses by inexperienced or negligent doctors.
Medical negligence and malpractice cases may arise from:
- Doctor negligence
- Failure to diagnose or delayed diagnosis
- Emergency room delays
- Anesthesia errors
- Birth injuries
- Prescription drug errors
- Improper treatment
- Surgical errors
- Treatment without consent
- Misdiagnosis of cancer
- Untimely C-section
- Hospital negligence
Filing a medical malpractice lawsuit
In order to file a claim for damages stemming from medical malpractice in New York State, patients must prove the following:
- A doctor-patient relationship existed
- The physician or heath care provider was negligent
- Doctor or hospital negligence was the cause of injury
- The injury resulted in specific damages to the patient, including physical pain and emotional anguish, medical expenses, lost wages and diminished earning capacity
At Edelman, Krasin & Jaye, our average client is not expected to understand the legal intricacies in determining whether medical malpractice can be proven. When you retain us, we will consult independent doctors with outstanding credentials to review your medical records. The physicians in our network then offer their expert opinion as to whether there has been a departure from the accepted standard of care in your case, and whether that departure caused your damages.
Compensation awarded in malpractice claims
Compensation awarded in a medical malpractice lawsuit can help offset the financial burdens that victims and their loved ones often suffer.
Our LI medical malpractice attorneys can help you to recover:
- Medical expenses for treating related injuries
- Damages for pain and suffering
- Disfigurement and disability damages
- Lost wages and compensation for diminished earnings capacity
In certain circumstances, spouses, children and parents of medical malpractice victims can obtain damages for the loss of the care, affection, companionship and other pleasures of the family relationship.
Our practice recently won a $460,000 jury verdict for a Queens County woman who was injured by surgical negligence during a routine dilation and curettage procedure. We are experienced in every kind of medical malpractice claim involving severe injury or wrongful death.
NY statutes of limitations for legal action
Statutes of limitation govern the time frame in which legal action may be pursued by patients who have been harmed in a clinical setting. In New York, patients must file their medical malpractice lawsuit within two and a half years from the time of the alleged malpractice, or within 30 months from the date of the most recent action that gave rise to the injury.
Exceptions to these statutes do exist. For instance, cases where a foreign object is left behind by the surgeon may be filed within one year from the date it was discovered.
In other cases, these time limits may be tolled, meaning they do not begin right away. A minor’s statute of limitations for bringing a claim does not begin until they are 18.
Accurately calculating statute of limitations in personal injury lawsuits alleging doctor or surgical negligence requires the expertise and assistance of a knowledgeable NYC & Long Island medical malpractice lawyer.
Pay nothing unless we win or settle your case
Medical malpractice litigation is frequently time-consuming and costly, but our firm has the resources to build the strongest case possible, finance expert witnesses, and win or settle your claim before trial.
If you are a patient that has been misdiagnosed or injured because of medical negligence, our New York law firm has the experience to help you obtain maximum damages from your medical malpractice lawsuit.
Call Edelman, Krasin & Jaye at 1.800.469.7429 to schedule a free initial consultation. We always represent your best interests to ensure that justice is served.
- WBNG, Medical malpractice award in Otsego County case closely watched http://www.wbng.com/news/local/Medical-malpractice-award-in-Otsego-County-case-closely-watched--203447801.html
- The Legal Examiner, Misdiagnosis and Wrong Diagnosis by Doctors Cause 40,000 Deaths Each Year, http://honolulu.legalexaminer.com/medical-malpractice/deaths-by-wrong-diagnosis-exceed-40000year/
- NY Daily News, Medical malpractice lawsuits have cost city $134 million this year and range from babies crushed to crucial misdiagnoses, http://www.nydailynews.com/life-style/health/medical-malpractice-lawsuits-cost-city-134-million-year-range-babies-crushed-crucial-misdiagnoses-article-1.1145098