Top Medical Malpractice Attorneys in New York Can Do For You.
What is a Medical Malpractice claim?
Has your loved one died, had a severe injury, or had a life-long disability due to medical staff errors? Were they not diagnosed correctly, given the wrong medication, or not treated quickly enough? Maybe a doctor didn’t consider how different medications interacted with a patient. This oversight could have severe consequences for the patient’s recovery and even their life.
Negligence is the essential basis of a medical malpractice case. The law defines medical malpractice or medical negligence as a deviation from or a breach of the generally accepted standard of care in inpatient treatment.
In other words, the standard of care defines what a prudent medical staff would or would not have done in the patient’s care under the same or similar circumstances. To sue for medical malpractice, you must prove that the doctor did not provide the expected level of care.
We can help you show that the doctor’s actions fell below the standard of care. Mistakes in diagnosis, treatment, or follow-up care can be included in your case. Gathering evidence such as medical records, expert opinions, and witness testimonies to support your case is essential.
Typical medical malpractice cases
- Several issues can occur during childbirth. These include not finding severe health issues in the mother, birth defects, and pregnancy outside the womb.
- The mother having Illnesses such as genital herpes can harm or kill the baby.
- It is important to act quickly when the baby is in trouble. It is also crucial to use forceps or vacuum correctly during delivery.
- Prescribing incorrect dosage
- Administration of incorrect dosages
- Medical equipment malfunctioning
- Failure to properly investigate the patient’s previous medical history
- Giving too much or too little anesthesia
- Surgery and post-surgery errors (operating on the wrong body part, leaving surgical instruments in the body, damaging internal organs during surgery, failure to provide proper post-op care)
- Unnecessary amputations
- The wrong heart valve bypassed
- Misdiagnosis or failure to diagnose life-threatening conditions and diseases
- Medical complications from receiving a transfusion of the wrong blood type
- Fertility clinic confusing sperm samples
- Removal of a perfectly functioning internal organ
- Plastic surgery gone wrong
Medical malpractice or negligence is the third leading cause of death in the United States,
Medical malpractice/negligence is the third leading cause of death in the United States, according to the Journal of the American Medical Association.
It ranks just below heart attack and cases of cancer in terms of causes of death. According to the National Practitioner Data Bank (NPDB), in 2022, 1,170 medical malpractice payments totaled $560.58 million in New York.
That’s an average medical malpractice payout of $478,632 per successful claim.
How to Sue for Medical Malpractice in New York
What is the first step in suing for medical malpractice? First, contact our experienced medical malpractice lawyers. Second, we review all the case’s particulars in detail, securing applicable patients’ medical records. We find documentation of procedures and diagnostic test results.
Next, we interview the patient, family members, and medical personnel. We analyze the information to see if there is evidence of negligence. We then review the information to determine if there is any evidence of negligence. We examine the actions or oversights of medical staff while treating a patient.
These actions must deviate from accepted medical practices and cause harm to the patient. With you, we will determine if filing a claim could result in positive outcomes and whether to take the case and file a tort on your behalf.
New York Medical Malpractice Statutes of limitation
Medical malpractice cases can be incredibly complex and detailed. Statutes of limitation set time limits for legal proceedings, like filing a lawsuit.
These time limits vary from state to state, and each state has its procedural requirements for filing a medical malpractice lawsuit.
According to the New York City Bar, the statute of limitation for medical malpractice cases in the state of New York is “two and a half years from the date of malpractice or from the end of continuous treatment rendered by the party or entity you intend to file a claim for a particular condition, illness or injury.” It is always advisable to seek legal advice from a lawyer licensed in the state where the malpractice case happened.
Don’t let fear stop you from pursuing a valid medical malpractice case. It will make your medical care less expensive. The costs of a lawsuit may seem high, but don’t let that deter you.
Don’t worry about other medical professionals refusing to treat you if they find out about your lawsuit.” An experienced medical malpractice lawyer can handle any problematic case to help you get the justice and compensation you deserve.
A medical, dental, or pediatric malpractice claim is measured from the end of continuous treatment by the party you plan to sue for alleged negligence. The attorney on behalf of the attorney must have their claim filed for eligibility for an award for damage with the 24-month Statute of Limitations NY.
Why we are the top medical malpractice lawyers in NYC
We are lawyers with a unique approach Gurfein Douglas pride ourselves on being just that. In addition to law degrees, our firm’s principals, Richard Gurfein and Preston Douglas, also have degrees in engineering and biochemistry, which gives them an edge over other medical malpractice attorneys in New York. Preston Douglas is an expert in medical malpractice and severe injury cases, and in the last 27 years, he has cross-examined over 2,000 doctors in trials and depositions.
At Gurfein Douglas, you can rely on the scientific training of our two partners to uncover the often hidden technical details of your medical malpractice lawsuit that the untrained eye might miss. We are your lawyers with an Edge!
Our attorneys are not afraid of a challenge. On the contrary, they relish it. No matter how complicated the case or how formidable the defendant may be, Gurfein Douglas will do everything in their power to get you or your loved one the justice and the compensation you deserve.
Our experienced medical malpractice attorneys will carefully review all medical records to determine whether the patient’s death or severe injury resulted from human error, defective medical or lab equipment, inaccurate test results, or other errors in the medical system. Contact us to find out why we are considered one of the best medical malpractice lawyers in New York. New York has the highest payout rate in medical malpractice cases in the United States. In 2021, payouts topped $400 million.
Top Verdicts In Medical Malpractice Of All Types
- $110,600,000.00 jury award, a grandmother’s doctors failed to consider transferring her to nearby facilities with ECMO (extracorporeal membrane oxygenation), which can remove the build-up of carbon dioxide in her brain and could prevent injury to her brain. Our verdict is the most significant award for a Medical Malpractice Lawsuit in 2019 in NY and the nation.
- $4,000,000.00 jury award to a landscaper after a top neurologist had him undergo four years of agonizing treatments for a condition he didn’t have.
- $7,400,000.00 settlement on behalf of a 60-year-old woman who became paralyzed in both legs and one arm after her doctors failed to diagnose an infection in her spin
- $5,500,000 settlement structured for a 6-year-old who sustained brain damage during her birth, causing cerebral palsy, mental retardation, and spastic quadriplegia.
- $3,990,000 settlement for a 3-year-old boy because the doctors and nurses gave too much IV fluid, causing the child to have seizures and hemorrhages in the brain.
- $2,750,000 settlement for a 15-year-old girl diagnosed with Hodgkin’s Disease who lost her ovaries as a result of the negligence of the team administering radiation therapy.
- $450,000 settlement after trial and a finding of punitive damages for a 40-year-old professional dancer and choreographer when the orthopedist operated on the wrong knee.
- $5,750,000 verdict on behalf of a 20-year-old woman who was discharged from the hospital after giving birth to her second son, even though she had a very aggressive infection in her uterus and abdomen.
- $1,200,000 settlement on behalf of a 4-year child with Erb’s Palsy.
Lawyers with an Edge in New York City Medical Malpractice Cases
At Gurfein Douglas LLP, you can rely on our scientific and engineering knowledge and years of experience to uncover the story that the untrained eye might miss. We developed the theory of the case. We thoroughly understood the medical details and standard of care.
We have created a record of significant verdicts and settlements. The strong case record led to a fair and just outcome. In the video, learn more about why Richard Gurfein and Preston Douglas are the Lawyers With An Edge. If you feel the negligence of a doctor or hospital has severely injured you.
