We all expect competent care from our doctors, nurses, and healthcare givers. However, this isn’t always the case. Have you experienced a medical malpractice incident in New York? The negligence of a medical professional can lead to severe injuries, damages, and even death. You should contact an experienced New York medical malpractice lawyer today if you suspect you’ve suffered injuries due to medical negligence.
At Cellino Law, we have an experienced legal team that will provide legal assistance in your medical malpractice case. We handle all types of medical malpractice cases, including:
- Surgical errors
- Hospital negligence
- Birth injuries
- Emergency room errors
- Misdiagnosis
Rest assured that our medical malpractice lawyers have the experience required for any medical malpractice case. With our excellent track record, we will fight to ensure you get the compensation you deserve. We will build a strong defense for your case, ensuring we protect your rights as a patient and client. Reach out to us today at (888) 888-8888 to speak to one of our representatives about your medical malpractice case.
What is Medical Malpractice?
Medical malpractice occurs when an action or omission by doctors, pharmacists, nurses, and hospitals causes a patient’s death or injury. Licensed healthcare professionals must rightly execute their duties to patients. Medical negligence implies that a healthcare professional disregarded accepted standards while providing medical care. Simply put, a medical practitioner who doesn’t follow all necessary procedures while treating you commits medical malpractice.
It is essential to find out more about the grounds for a case before filing a claim. Medical negligence takes many forms. Negligence is critical when proving the grounds for a case. You may be able to hold a medical professional liable under New York state law if his or her actions amount to medical negligence. Here are some leading causes of medical negligence:
- Over and under treatment
- Misdiagnosis
- Mistaken patient identities
- Inadequate skills
- Failure to diagnose
- Improper transfusions
- Severe drug events
- Wrong-site surgery
How do I Know if I Have a Medical Malpractice Claim?
There are stringent regulations in New York surrounding medical malpractice cases. You need to seek legal counsel from an experienced medical malpractice lawyer to determine whether you have a medical malpractice claim. A lawyer should prove these four elements to secure compensation for an injured patient:
Doctor-Patient Relationship
A medical malpractice attorney should prove that a doctor-patient relationship existed in order to prove medical negligence. They should provide evidence that an injured patient hired a doctor, and the two parties reached an agreement. There should be proof that the physician treated you directly. He or she should be linked to your medical care.
Negligence
You may not have a medical malpractice case if you sue a medical professional or institution simply because you are displeased with your treatment or results. Proof of negligence in your treatment or diagnosis must be evident. New York state law requires the opinion of an expert witness, such as a surgeon, to prove the defendant’s negligent actions.
Causation
The negligent actions of a medical professional should have caused the injury. It’s difficult to prove this point if a patient was already injured or sick before the doctor’s involvement. A competent medical malpractice lawyer should prove the direct relationship between the doctor’s negligence and the injuries and damages. Maintaining documentation can be vital in unraveling the exact issues linked to negligence. At Cellino Law, we have access to expert medical witnesses who can offer testimonies to prove negligence.
Damages
A patient could sue a doctor if his or her performance led to specific damages. There has to be proof that a doctor’s actions were below expectations, leading to a patient’s suffering. A patient can sue a medical professional for damages or losses such as mental anguish, lost work, and medical expenses.
Who can be Held Liable for a Medical Malpractice Claim in New York?
Under New York state law, you may have a legitimate medical negligence claim for injuries or damages against a negligent medical professional. People often think that medical malpractice revolves around a doctor’s negligence. In reality, all healthcare providers can be held liable for negligence. Here are some parties that can be held responsible for medical malpractice in New York:
- Hospitals
- Doctors
- Surgeons
- Nursing homes
- Medical facilities
- Radiologists
- Emergency room staff
- Physician assistants
- Nurses
- Pharmacists
- Specialists like neurologists, gynecologists, cardiologists, and obstetricians
In some instances, negligence can be caused by more than one party. For instance, it is the legal responsibility of hospitals to make sure they hire competent professionals. A hospital’s administration could be liable for hiring incompetent staff.
You deserve to know who caused your injuries. Our legal team at Cellino Law will thoroughly investigate your medical negligence case. We will go above and beyond to unearth what happened and the parties responsible. Then, we will seek compensation for all your damages and injuries.
What Damages Can I get From a New York Medical Malpractice Claim?
Every resident of New York deserves quality medical treatment when injured or sick. You risk jeopardizing your health when you get negligent medical treatment. The actions and omissions of a medical professional can be expensive and emotionally draining.
Cellino Law will fight to get you the compensation you deserve. The settlement will cover damages, including:
Economic Damages
These damages are issued to an injured patient to cover financial burdens and losses caused by the defendant’s negligence. They include:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
Non-Economic Damages
These damages are typically hard to quantify. They vary from case to case. Non-economic damages don’t have an intrinsic financial value. They include:
- Loss of life’s enjoyment
- Pain and suffering
- Body part loss or impairment
Punitive Damages
These damages are awarded in rare cases when the malicious, fraudulent, or reckless actions of the defendant are evident. They are awarded when compensatory damages are deemed inadequate for the extreme recklessness of a doctor. For instance, punitive damages may be awarded if a medical practitioner sexually assaults a patient under anesthesia.
What is the Statute of Limitations for Medical Malpractice Claims?
It would be best if you always acted fast since you have limited time to file a medical malpractice case in New York. The state’s time limit is two and a half years (30 months) from when the malpractice was identified to file a claim. In the event a foreign object is left in your body, you have one year from when you found out about the mistake to file a claim.
Unsure how long you have to file a claim? Don’t fret; reach out to our medical malpractice lawyers to find out more about New York’s statute of limitations.
How Can a Lawyer Help my Medical Malpractice Claim?
Medical malpractice claims are different from other personal injury claims since two areas of complicated litigation are intertwined. They require an experienced lawyer’s attention and skill. The strength of your case may depend on your attorney’s ability to prove negligence. At Cellino Law, our legal team will help you with your medical malpractice claim through:
Documentation
Records such as medical bills, insurance policy information, and other medical records are essential for your case. Our legal team will gather all relevant records about your case. They will help us understand your case and build a strong defense.
Investigation
At Cellino Law, we thoroughly investigate all our medical malpractice cases. We will go through all the data to come up with the best defense for your claim. We determine your claim’s value as well as the potentially liable parties.
Negotiation
You require skilled negotiators to get the best compensation for your medical negligence case. We can negotiate with the defense outside the court to get you the compensation you deserve. Still, we are prepared to go to trial if out-of-court negotiations hit a snag.
What Will it Cost To Hire a Lawyer For a Medical Malpractice Claim?
Cellino Law works on a contingency basis. You don’t have to pay us until we recover compensation for you. Our payment comes from a percentage of the settlement of your medical malpractice case. Nothing is preventing you from getting the legal help you need.
Contact Cellino Law Today
Finding out that your trusted New York healthcare provider is negligent after performing a procedure can be traumatic. You need the legal assistance of competent medical malpractice lawyers during such times.
Cellino Law can provide immediate legal assistance for your medical negligence claim. We have a wealth of experience in handling medical malpractice cases. We work closely with patients and their families to help them get the financial help they need. What’s more, we offer our legal services on a contingency basis.
No patient deserves harm from the actions or omissions of a negligent doctor. Contact our injury law firm today if you have been a victim of medical malpractice. Our team will talk to you about your legal options. Still, remember there are time limits to these cases. Call Cellino Law at (888) 888-8888 to speak to one of our representatives about your New York medical malpractice case.