Medical Malpractice Lawyers in NYC

Common Examples of Medical Malpractice

Not every injury or illness that occurs in a healthcare setting can be considered malpractice. Doctors, nurses, and other healthcare providers can only be held liable if the mistakes they made occurred as a result of negligence. Common examples include of medical malpractice claims include:

• Birth injuries
• Surgical errors
• Misdiagnoses
• Delayed diagnoses
• Medication errors

Types of Medical Malpractice Damages

To be considered medical malpractice, the negligence behind the injury must lead to specific types of damages. In other words, a patient can’t sue a doctor for medical malpractice if he or she hasn’t suffered any harm as a direct result of the mistake.

Types of damages that patients can sue for include:

• Physical pain
• Mental anguish
• Excessive medical bills
• Lost wages
• Lost earning capacity

Medical Malpractice Claims Are Complex

In order to win a medical malpractice claim, the patient must prove four things:

1. The healthcare provider owed the patient a duty of care.
2. The provider acted negligently or in a way that another competent medical provider would not have.
3. That negligence directly caused the patient’s injury.
4. The injury led to one or more of the forms of specific damages described above.

Proving these four things requires the skill of an NYC medical malpractice attorney. Doctors and healthcare facilities have comprehensive malpractice insurance policies intended to pay claims as they occur, but the insurance companies are hesitant to give injured patients the benefits they are due.

Dealing with reticent insurance companies isn’t the only thing that complicates medical malpractice claims. There are also some special requirements that must be followed. The statute of limitations is quite short, and victims must submit certificates of review in addition to their normal claims.

NYC Malpractice Lawyers Can Help

There are few areas of personal injury law as complicated as medical malpractice cases, so it’s very important for victims of providers’ negligence to seek legal representation.

If you’ve been injured or become ill as a direct result of your doctor’s failure to meet his or her duty of care, give us a call. Our lawyers regularly work with patients who have suffered damages at the hands of negligent healthcare professionals, or who need a malpractice lawyer for patient abandonment in NYC.

We can help with everything from evaluating evidence to filing paperwork and, if necessary, find you an attorney in NYC who can provide representation in court should the insurance company refuse to offer a reasonable settlement.