If you or a loved one suffered an injury or worsening health condition because of a negligent doctor or another medical care provider, you may be able to pursue compensation under the New York medical malpractice laws. This type of action may allow you to hold the doctor, hospital, clinic, or practice legally responsible.
If we believe you have a case, a New York medical malpractice lawyer from Ben Crump Law, PLLC can handle your case based on a contingency fee basis. We only collect payment after you receive a settlement or award.
You can speak Ben Crump Law, PLLC today for free. Call 800-959-1444 now to learn more.
Understanding What Constitutes Medical Malpractice
Doctors and other medical care professionals make mistakes, just like anyone else. In many cases, a minor mistake does not hurt anyone, and you may not even know it occurred. In other cases, though, the doctor or care provider steps outside the protocols within the standard of care. They may also take careless or reckless action that causes additional injuries or allows your condition to worsen. This may be medical negligence and support a medical malpractice case.
Some of the ways medical malpractice occurs include:
A missed diagnosis or misdiagnosis can lead to a worsening condition and even death. It occurs when the doctor fails to take the expected steps to reach the proper diagnosis in the way most doctors would. For example, they may fail to run tests, ignore the results of a test, or come to the wrong conclusion following the tests. This can lead to an incorrect diagnosis (misdiagnosis) or the absence of diagnosis (a missed diagnosis).
Surgical errors include performing surgery on the wrong side of the body or on the wrong patient entirely. It also includes issues related to general anesthesia, twilight sedation, and nerve blocks. It can also occur during an otherwise typical surgery, such as when doctors leave sponges or other items inside the patient.
Despite hospitals, clinics, and pharmacies having systems in place to check and recheck medications, dosages, and patients before administering medications, medication errors still occur. This can include:
- Giving the patient the wrong medication
- Giving the patient the wrong dose
- Failing to identify a drug interaction
- Ignoring a known drug allergy
Medication errors can be especially dangerous because of the risk of side effects, as well as the fact that the patient does not get the medication they need to treat their condition.
A doctor and other medical care providers can cause or fail to prevent injuries to a baby during gestation, labor, delivery, or shortly after birth. Some types of birth injuries include:
- Cerebral palsy
- Head injuries
- Brachial plexus injuries
- Spinal cord injuries
If you believe medical negligence played a role in causing or worsening your injuries, or the injuries suffered by a loved one, Ben Crump Law, PLLC may be able to help.
For a free legal consultation with a medical malpractice lawyer serving New York, call 800-641-8998
New York Malpractice Laws
A New York medical malpractice lawyer from Ben Crump Law, PLLC can help you navigate the complex medical malpractice claims process if our initial consultation shows you have a viable case. This includes meeting all applicable deadlines if there is sufficient time to do so.
In addition, pursuant to CPLR 3012-A, we must also enlist the help of medical expert witnesses who can provide us with a certificate of merit to show you have reasonable grounds for filing this type of action and trying to hold the doctor or hospital accountable.
If we believe you have a medical malpractice case, we can help you review these cases and understand how, when, and why medical negligence occurred. We can go to work for you, protecting your rights and trying to prevent any further injuries or losses. We do not believe patients who suffer injuries because of a negligent doctor or another care provider should have to cover their own financial losses. Instead, the medical malpractice insurance provider for your doctor should cover these costs.
To this end, our team works on a contingency basis. You do not pay us until we recover an award in your case.
New York Medical Malpractice Lawyer Near Me 800-641-8998
Recovering Losses in a New York Medical Malpractice Case
Recoverable losses and expenses can vary from case to case, but generally may include:
- Expenses related to medical care for your injuries or illness
- Ongoing care costs, if necessitated by the malpractice
- Time away from work, including lost wages and benefits
- Diminished earning capacity for those who cannot go back to work
- Additional related expenses
- Pain and suffering, mental anguish, and other intangible losses
- Wrongful death, if the victim passed away
Under New York law, CPLR 214-A, you only have two and a half years from the time malpractice occurred, from the date it was discovered, or from the date of the end of your treatment by the doctor in question to file a lawsuit. Missing this deadline could prevent you from taking legal action.
We Can Help You Seek Fair Compensation
If you or a loved one suffered injuries or worsening illness because of medical negligence, a New York medical malpractice lawyer from Ben Crump Law, PLLC may be able to seek compensation and hold the doctor or care facility responsible.
You can discuss your case with Ben Crump Law, PLLC team today for free by calling 800-959-1444.