NYC Medical Malpractice Lawyers

A medical malpractice claim can be filed by anyone who is injured by a medical professional’s negligent behavior.

If a child is injured, the claim can be filed by the family members or the child’s guardians.

In a wrongful death case, the claim can be filed by a spouse, children, parents or personal representative for the deceased’s estate.

Grounds for a medical malpractice claim include the following:

• You were provided with medical care that deviated from what a reasonable doctor would provide under the same circumstances
• You were harmed as a result of the treatment received

The most common types of medical malpractice include:

• Negligence
• Negligence by omission
• Misdiagnosis/Failure to diagnose
• Wrongful drug administration
• Unreasonable delay
• Surgical errors
• Anesthesia errors
• Birth injuries
• Emergency room errors
• Lack of informed consent
• Nursing home abuse and neglect

Many victims of medical malpractice are unaware of the severity of the situation, and unaware that they are able to file a claim to pursue damages. If you were injured by a medical professional, a knowledgeable medical malpractice attorney will investigate the details of your injury and provide recommendations on next steps.

At Spar & Bernstein, we offer a free initial consultation to research your case and provide legal advice to determine your options.

The parties that can be held accountable for medical malpractice include, but are not limited to:

• Doctors
• Specialists (gynecologists, cardiologists, neurologists, etc.)
• Surgeons
• Nurses
• Pharmacists
• Hospitals
• Medical facilities
• Nursing homes

Depending on the details of the case, more than one party may be held liable.

An experienced medical malpractice attorney will look into your case and choose the best grounds to pursue maximum compensation for your injury.

You must file a medical malpractice claim within two and a half years of the malpractice.

Exceptions extend to situations where you were not aware of the healthcare provider’s error. In this case, the rule of discovery applies, extending the deadline to file a medical malpractice claim as follows:

• For a foreign object in the body — within one year after the discovery
• For failure to diagnose cancer — within two and a half years after the discovery, but not more than seven years after the missed diagnosis

If you do not file your claim before the statute of limitations expires, you lose the opportunity to seek compensation.

Negligence by omission occurs when a condition worsens because you are not treated in a timely and appropriate manner.

Unreasonable delay includes any unnecessary delays by the doctor or medical staff that leads to unacceptable medical care.

Wrongful drug administration includes prescribing the wrong medication, the wrong dosage, the wrong combination of medications and/or the wrong method of administering the drug.

As a patient, you have the right to know everything regarding your medical treatment. You are also permitted to refuse treatment, by law. If you believe your doctor proceeded against your will, you can hold the doctor legally liable for medical malpractice.

All medical treatments must be provided with the patient’s informed consent, except in cases of extreme emergency. Typically, patients sign a general consent form upon hospital admission and a more specific consent form prior to an invasive procedure or operation. If a doctor fails to provide the appropriate standard of care, the signed consent form does not waive your right to file a medical malpractice claim.

If you were sent home before you were medically stable and had to be re-admitted to the same or a different hospital, you may be able to file a claim for medical malpractice. Contact an experienced attorney to review the details of your case.

Medical devices are used to treat an injury, illness, disease or disability. These can include heart stents, knee implants, metal hip implants, IVC filters and more.

If you have been injured by a defective medical device during a treatment or medical procedure, you may have grounds to file a product liability claim.

At Spar & Bernstein, we handle both medical malpractice and product liability cases. Contact us for a free initial consultation to review the details of your case and determine next steps.

You are entitled to a copy of your medical records, even if your medical bills are unpaid. Contact your physician to ask for a copy of your records.

Resolving a medical malpractice lawsuit can take several months to several years. An experienced attorney will review your case and fight on your behalf for a fair settlement.