When you get treatment, don't expect to leave the doctor's office or hospital in a worse position. Unfortunately, too many patients and families are learning that medical malpractice is all too common. In fact, according to a recent study by Johns Hopkins University, medical errors are the third leading cause of death in the United States, accounting for more than 100,000 people250.000deaths per year.
Medical malpractice can be considered when a physician or other healthcare provider fails to maintain the standard of care established by their profession. Patients injured due to misdiagnosis, underdiagnosis, or other errors may file malpractice lawsuits to recover financially from their injuries. When a patient dies as a result of medical malpractice, their loved ones can file a wrongful death lawsuit.
With offices in White Plains, New York and Uniondale, Thomas L. Gallivan LLP represents injured victims across the state. We aim to help our customers get maximum compensation for their losses. For more information or to arrange a free initial consultation, contact our law firm.
What is medical malpractice?
If you want to knowWhat is a medical malpractice claim?This is defined as the failure of a doctor or other healthcare professional to provide an individual with treatment that is consistent with the usual standard of care from other healthcare providers. It can also be described as medical negligence. Malpractice generally includes:
- Fehldiagnose
- Troubleshooting
- surgical error
- Medication errors or incorrect dosages
- Lack of warning about the risks and complications of surgery.
In order to be successful in a medical malpractice lawsuit, the injury victim (plaintiff) must provide evidencethree things:
- are in the care of a doctor or other healthcare professional;
- The healthcare provider did not act as a professional (standard of care) in providing advice, diagnosis or treatment; And
- As a result, you may be injured, become ill, or your condition or injury may worsen.
A medical malpractice claim often involves whether the physician or other healthcare provider is upholding the applicable standard of care. Standards of care are skills, knowledge and procedures commonly used and accepted by the medical profession. Your malpractice attorney will hire a medical expert, usually one in the same specialty, to offer their opinion, based on a review of your medical records and their own experience, that the treating physician failed to meet the standard of attention.
For example, imagine a situation where doctors do not adequately monitor the mother and child for signs of discomfort during labor and delivery. The baby was deprived of oxygen during delivery, leading to a diagnosis of cerebral palsy. An obstetrician can write a report explaining what the attending physician should do to avoid an otherwise preventable birth injury.
Malpractice litigation can be complex and requires a thorough understanding of New York law and medical terminology. At Thomas L. Gallivan LLP, we have over 40 years of experience representing victims of medical malpractice and their families. Our legal team is ahead of the curve.Successful registration, along with the knowledge and skills to help you get the most for your money.
Who Can Be Sued for Medical Malpractice in New York?
Malpractice lawsuits are often directed against physicians and surgeons. However, almost any business or healthcare professional can be sued in a medical malpractice lawsuit.
ourNew York Personal Injury AttorneysYour claim will be thoroughly investigated. Your medical records and other information will be examined in order to initiate proceedings against those responsible. Whether your case involves hospital malpractice or improper medical care from a healthcare provider, we work hard to make sure you get the compensation you deserve.
Medical malpractice lawsuits can be brought against a variety of parties, including:
- Physician;
- chiropractor;
- Podologe;
- Medical Assistant;
- nurses, including orderlies;
- Anesthetist;
- Psychologist;
- physiotherapist;
- Pharmacist;
- Hospital;
- Clinic; I
- Labor.
As long as you can show that the person or organization failed to meet the standard of care in their profession, you can file a medical malpractice lawsuit against them. For example, if your dermatologist sends a biopsy of a suspected skin cancer to the lab, and the lab technician incorrectly determines that it is a harmless skin cancer, you can file a medical malpractice lawsuit against the lab. If a family doctor prescribes you a medication without checking whether you are allergic to the medication, they may not be able to provide you with the care required in their profession.
If you can make a claim, you may be able to recover damages for all your losses. This may include monetary compensation for your medical expenses, future medical care, physical and occupational therapy, lost wages and reduced earning capacity. You can also seek compensation for non-economic losses such as pain and suffering, scarring, disfigurement, emotional distress and loss of enjoyment of life. Unlike many other states, New York does not have limitations on medical malpractice claims.
Types of cases we handle
Our law firm has extensive experience handling all types of medical malpractice cases. Some of the most common types of negligence handled by our New York negligence attorneys include:
- undiagnosed cancer
- emergency error
- Failure to diagnose a medical condition
- surgical error
- medication errors
- Gastric Bypass Surgery Errors
- Birth trauma (gynaecology, obstetrics)
- emergency error
- It is not possible to diagnose a heart attack or stroke
- Cerebral palsy
- Erbs palsy birth trauma
- incorrect administration of anesthesia
- nerve damage
- diagnostic error
- Mistakes in Plastic Surgery
- orthopedic injury
- Undiagnosed cervical cancer
- undiagnosed uterine cancer
- undiagnosed testicular cancer
- Undiagnosed skin cancer
- Undiagnosed prostate cancer
- Thyroid cancer could not be diagnosed
- undiagnosed leukemia
- undiagnosed lymphoma
- eye defect
- undiagnosed breast cancer
- Undiagnosed colon cancer
- Undiagnosed ovarian cancer
- Undiagnosed gastric cancer
- undiagnosed bladder cancer
- undiagnosed kidney cancer
Our negligence claims services are free of charge unless we are raising money on your behalf. This is known as a contingency fee arrangement. All costs incurred in handling your case, including expert fees, escrow fees, copies of hospital records and litigation costs, are prepaid by our firm and deducted from the total fee at the end of the case. Our fee, which is a percentage of your total refund, is calculated after the fee has been deducted.
Can cases of medical malpractice be criminal in nature?
Most of these cases are civil cases (which involve claims for damages). You are dealing with a healthcare professional who is violating standards of care or who is unaware of the potential harm of a particular procedure to a patient. The actions of medical providers rarely reach the level of criminal behavior. However, this does not happen. We've seen doctors sued for fraudulent billing, and in some cases you could be prosecuted for manslaughter if you prescribe medication without monitoring the results or the effect of the medication on patients.
In general, are people reluctant to file a medical malpractice claim with a doctor?
With most healthcare professionals, people are reluctant to make a claim. We want to trust our healthcare professionals, and when they do the wrong thing, we get hurt. A lot of times people hesitate and say, “Well, the doctor doesn't have to have done it; it must be from outside or something I did. Maybe I made a bad decision.” I think it's simply because as a society we want to trust doctors and nurses and everyone in the healthcare industry to have our best interests at heart, and most of them do. However, if you were injured by a healthcare professional's negligent conduct, you should not hesitate to make a claim.
Are you a victim of medical negligence? Our law firm is always at your disposal.
We go to the doctor to treat our illnesses and injuries. Failure by our doctors to diagnose or treat properly can result in disability or even death. If you have been harmed by a healthcare professional who has not maintained your standard of care, our law firm can help.
Thomas L. Gallivan LLP, PLLC represents injury victims in all types of cases, including medical malpractice. We offer a free initial consultation and will not charge you unless we get your money back. For more information or to schedule a free consultation with a New York medical malpractice attorney, call 914-220-1086 or fill out our formonline contact form.
Question one:
How long do I have to file a medical malpractice lawsuit?
Answer one:
It islimitation periodIn New York, a medical malpractice lawsuit against a private practitioner or hospital lasts 2.5 years. If the case involves a government agency or an employee, different rules apply: you must file a complaint within 90 days and file a complaint within a year and a half.
The Clock begins counting malpractice claims from the date a person knew or should have known of the injury. Unlike car accidents, which have a specific date, patients do not always learn about medical malpractice immediately. The statute of limitations begins when you first learned about the medical error (or should have known about it). Call Thomas L. Gallivan LLP today to speak with a New York medical malpractice attorney.
Question 2:
Will my negligence case go to court?
Answer 2:
Most personal injury cases, including medical malpractice claims, are resolvedexternof the court. So if you file a medical malpractice lawsuit, you may not have to go to court. Nonetheless, your malpractice attorney will prepare your case as if it were a trial, increasing the likelihood of negotiating a fair settlement with the insurance company.
Such cases are complex and may take some time to resolve. The best way to get the maximum compensation for your claim is to hire an experienced personal injury attorney. In New York, contact Thomas L. Gallivan LLP for a free initial consultation.
FAQs
What are the 4 elements of legal malpractice? ›
The Law of Legal Malpractice. To prove legal malpractice you must establish the following four elements: (1) duty, (2) breach, (3) causation, and (4) harm. These are the basic elements for most torts in California.
What is the statute of limitations for attorney malpractice in NY? ›Rule: The statute of limitations to commence a legal malpractice action in New York is three years from the date of the malpractice.
What constitutes medical malpractice in NY? ›Medical malpractice (or medical negligence) occurs when a doctor, health care professional, hospital or other health care facility fails to care for someone in accordance with the accepted standards of the medical profession and the person is injured, becomes ill or a condition or illness worsens as a result.
What is the time limit for medical malpractice in NY? ›In New York, the medical malpractice statute of limitations typically allows victims 2.5 years, or 30- months, from the time of the injury to file a medical malpractice claim, however, there are a number of exceptions to this timeframe or time limit.
Which element of malpractice is hardest to prove? ›The hardest element of a medical malpractice case to prove is the breach of the duty of care, the second element. This is because proving that the medical provider acted in a way that was not reasonable can be difficult.
What five 5 elements needed to be present to prove malpractice? ›Do you want to hold another party accountable for their negligent behavior? Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.
How long do most malpractice cases last? ›On average, most medical malpractice cases take 2-3 years to settle. However, if a medical malpractice case does not settle and goes to trial, the lawsuit can take up to 4 years. In cases where compensation exceeds $2 million, the timeline is often 5-15 years.
What is the statute of limitations in NY? ›| Case | Time Since |
|---|---|
| Assault/Battery | 1 year from act (Civil); 2 or 5 years depending on the facts (Criminal) |
| Burglary | 2 or 5 years depending on the facts |
| Car accidents | 3 years from date of accident |
| Child sex abuse | most cases until victim turns 55 (Civil) or turns 28 (Criminal) |
Proving Negligence in New York Medical Malpractice Lawsuits
The defendant breached their duty to the patient by deviating from the standard of care expected among medical professionals. The defendant's breach of duty caused the patient's injury. The patient suffered an injury.
It is vital to remember the very distinguished difference between Medical Malpractice and Professional liability. Medical Malpractice provides coverage for losses related to the human body, while Professional Liability provides coverage for financial losses.
Who can be sued for medical malpractice in New York? ›
Suing for Medical Malpractice in New York
A medical malpractice case can be brought forward by any injured patient against a licensed healthcare provider. This includes regular doctors but also includes nurses, physical therapists, and mental health care professionals.
One of the most common exceptions to a statute of limitations is when a defendant left the state. If a party is not within the jurisdiction where a case will be filed, it would be unfair to require a party to still file suit against that person.
What is the continuous treatment doctrine in NY? ›People harmed by negligent medical care have the right to pursue medical malpractice claims against their providers, but they must act promptly; otherwise, their claims may be dismissed as untimely.
What is the New York legal malpractice standard? ›There are three necessary elements for a plaintiff to prove a legal malpractice case in New York: (1) negligence, (2) proximate cause, and (3) damages. caused plaintiff to sustain actual and ascertainable damages” (Rudolf v. Shayne, Dachs, Stanisci, Corker & Sauer, 8 N.Y. 3d 438, 442, 835 N.Y.S.
Who gets sued the most for malpractice? ›The specialists most likely to be sued are both general and specialized surgeons. General surgeons and plastic surgeons were first on the list with 83% reporting having been sued at least once in their careers.
What is the most important type of evidence in a medical malpractice case? ›Your medical record is the most important piece of evidence you can use to support your claim. It shows your original condition, the treatment you received, and your condition after receiving treatment.
What are the 4 C's of medical malpractice? ›Recognizing that you are an imperfect human being who will make mistakes, you can nevertheless reduce your risk of causing harm, and of being sued successfully. Start by practicing good risk management, building on the old adage of four Cs: compassion, communication, competence and charting.
What are the three C's to prevent malpractice? ›Prevent, Communicate, Document: Medical Malpractice Data Help Us Manage Risk | The Doctors Company.
What 3 things must a plaintiff prove in a negligence case? ›Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm.
What is necessary to prove negligence? ›Proving Negligence. Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
How much are most medical malpractice settlements? ›
- Minor cases: Up to $10,000.
- Short-term disabilities: $10,000 to $30,000.
- Cases that require corrective measures: $30,000 to $100,000.
- Severe cases: $100,000 to $500,000.
- Permanent injury: Over $1,000,000.
Section 364 - Notice to health care provider of intention to commence action (a) No action based upon the health care provider's professional negligence may be commenced unless the defendant has been given at least 90 days' prior notice of the intention to commence the action.
What is the largest malpractice settlement? ›- $111 million verdict in Minnesota: Thapa v. ...
- $97.4 million verdict in Iowa: Kromphardt v. ...
- $77 million verdict in Georgia: The Estate of Nicholas Carusillo v. ...
- $75 million verdict in Georgia: Buckelew v. ...
- $68.8 million verdict in Florida: Crohan v.
The most common medical malpractice claims include misdiagnosis, childbirth injuries, medication errors, and surgical errors. However, any situation where a medical professional's negligence injures a patient could warrant a medical malpractice claim.
What is a good sentence for malpractice? ›Example Sentences
a surgeon accused of malpractice Doctors need to have malpractice insurance to protect themselves against lawsuits.
Incorrect medication prescriptions or administration of drugs is one of the most common cases of medical negligence reported. This can occur when a patient is prescribed the wrong drug for their illness, receives another patient's medication or receives an incorrect dosage of medication.
How long can a lawsuit stay open in NY? ›Depending on the type of case or procedure, New York's statutes of limitations generally range from one (1) year to six (6) years. The point at which the clock starts ticking is typically the date of the incident or discovery of a wrong.
How long do you have to file a lawsuit in New York? ›In New York City, a filing usually must be made within 90 days of an incident. The statute of limitations for claims against a municipality or a government agency may be different from the statute of limitations for claims against a private party; see the New York General Municipal Code for further information.
What is the three year statute of limitations in New York? ›Three Years is the Standard Time Limit for New York Personal Injury Lawsuits. The New York personal injury statute of limitations is spelled out at New York Civil Practice Law & Rules section 214, which says that "an action to recover damages for a personal injury" must be "commenced" within three years.
What is evidence of malpractice? ›The most common form of evidence used in medical malpractice cases is the patient's testimony. This involves providing details about what happened before, during, and after the incident that resulted in injury. It also includes any conversations with doctors or other healthcare professionals involved in the case.
What documentation do you need to avoid malpractice? ›
Full documentation includes fully describing the patient's medical history, physical findings, your diagnosis, the treatment plan and care rendered. It is especially important to document the advice given to the patient with clear follow-up plans.
How do you deal with medical negligence? ›If you've experienced clinical negligence, you could make a complaint about it by speaking to someone informally, or by making a formal complaint. It's usually much easier to solve something informally or through a formal complaint than by making a legal challenge.
What is the root cause of medical malpractice liability? ›Top causes of medical malpractice in the U.S. include: Surgical errors. Diagnostic errors. Medication errors.
Is medical malpractice a type of negligence? ›Medical malpractice is a form of medical negligence – though not all medical negligence cases are considered malpractice. Malpractice cases can only result when negligence causes harm to a patient.
What is malpractice vs negligence vs? ›Negligence is usually a mistake and if the situation was different, the medical professional may have handled it differently. Medical malpractice is when a medical provider knows better, but still makes the wrong decision when treating a patient.
What are the 4 D's for a malpractice suit to be successful? ›These four are Duty of care, Dereliction of duty, Direct causation, and Damages. Learning whether you have grounds to prove these for a medical malpractice claim in Virginia requires the help of an attorney with experience in these cases.
What are the four D's necessary for a successful malpractice suit? ›To be successful, any medical negligence claim must demonstrate that four specific elements exist. These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause.
What is breach of duty in law? ›Breach of duty occurs when a person's conduct fails to meet an applicable standard of care. It is one of the four elements of negligence. If the defendant's conduct fails to meet the required standard of care, they are said to have breached that duty.