Brooklyn Medical Malpractice Attorney
Your Health is Too Important, Get the Legal Help You Need
The trust between a doctor and a patient is one of the most important relationships there is. Sadly, sometimes this trust is broken because of a doctor’s negligent actions, and the patient suffers devastating harm and debilitating injuries as a result.
If you were harmed because of a Brooklyn doctor or hospital’s negligent mistakes, you deserve compensation and justice for the harm you endured. In this post, we will delve into the issue of medical malpractice. explaining what you need to do if you believe you are a medical malpractice victim and how a Brooklyn medical malpractice attorney can help you.
What Constitutes Medical Malpractice in Brooklyn?
Medical practice results when a doctor, health care professional, or a hospital causes an injury to a patient due to their omissions or negligent acts. These negligent actions can result from errors in treatment, aftercare, diagnosis, and even health management.
Some common examples of medical negligence that can lead to a lawsuit include:
- Ignoring or not reading laboratory results accurately
- Performing an unnecessary surgical procedure
- Misdiagnosis or failure to diagnose an issue
- Performing surgery on the wrong site or other surgical errors
- Improper administration of medications or the dosage
- Discharging the patient prematurely
- Not following up with post-medical treatment or performing poor aftercare
- Not taking into account a patient’s history or disregarding that history altogether
- Failing to recognize specific symptoms
- Failing to order proper medical tests
How Do You Prove Medical Malpractice in Brooklyn?
To have a valid medical malpractice claim, the case needs to meet these elements:
- Standard of care violation: In the medical profession, specific medical standards are recognized as being acceptable medical treatments by a reasonably prudent health care professional under similar circumstances. These standards are known as the standard of care. As a patient, you have a right to expect that a doctor or health care professional will provide you with care consistent with this standard of care. If they do not, then you may establish negligence.
- The injury was due to negligence: Unfortunately, it is not enough to show that a doctor or a healthcare professional violated the standard of care. You also need to show that their negligence resulted in your injury. A mistake by itself is not malpractice. If an injury resulted without negligence, or if that negligence did not cause any harm, then there is no claim.
- The injury lead to significant damages: For a medical malpractice case to be viable, a patient needs to prove that their injuries resulted from medical negligence and lead to significant damages. Many times if the damages are small. The cost of pursuing the case may be greater than the potential damages, especially since medical malpractice lawsuits are incredibly expensive to litigate. If a patient wants to show that they suffered significant damages, the injury needs to have resulted in the loss of income, intense pain, extreme hardship, hefty medical bills, and a disability.
As you can see, medical malpractice cases are complicated and require a good understanding of the laws. If you believe you have suffered harm because of a medical malpractice accident, you need to contact an experienced and knowledgeable Brooklyn medical malpractice attorney.
Who Can Be Found Liable in a Brooklyn Medical Malpractice Case?
Many people assume that a medical malpractice case can only be brought against a doctor or surgeon that performed some medical procedure on them.
However, many other health care providers can face medical malpractice charges, including:
- Physical Therapists
- Specialists who focus on certain body parts or diseases, including the kidney, lungs, liver, heart, and brain.
You can also hold organizations and corporations involved in providing health care or treatments at fault. This can include hospitals, assisted living facilities, hospice care centers, and free clinics.
What Steps Do You Need to Take Following a Brooklyn Medical Malpractice Incident?
Following a medical malpractice incident, you may be feeling overwhelmed, stressed, and worried about your future. However, to protect your health and your legal rights, you need to take critical steps following a medical malpractice accident.
These steps include:
- Obtain your medical records: Get a copy of your medical records as soon as possible following a malpractice incident. This can help prevent anyone from altering or tampering with your records.
- Continue care with a new doctor: You need to make sure you continue to take care of yourself after a malpractice incident. That is why seeking medical attention from a new doctor is necessary. Plus, when you keep up with your treatments, it can help document the full extent of the medical harm that you have suffered.
- Keep a journal: Make sure to keep a daily journal following your medical malpractice incident. By keeping this journal, not only will it help detail what you have gone through, the harm you endured, and the money you spent on treatments. But it can also keep a detailed record of what happened, especially since memories fade over time, and these claims can take years to resolve.
- Contact an experienced medical malpractice attorney at Jacoby & Meyers LLP: Following an incident where you believe you were injured due to medical negligence, you need to contact our experienced medical malpractice attorneys to discuss your case. We can go over your claim, assess its viability, and figure out your legal options.
How Much Time Do You Have to File a Medical Malpractice Case in Brooklyn?
The amount of time you have to file a lawsuit is referred to as the statute of limitations. If you do not file your claim within this time, you can be barred from receiving compensation for your injuries. In New York, the statute of limitations for a medical malpractice claim is two years and six months from the date of the negligent action or the omission of an act that resulted in the patient’s injury.
However, depending on the circumstances of the case, this deadline may shrink. For example, when medical malpractice occurs at a municipal hospital, you need to file a Notice of Claim with the municipality within 90 days of the event, and a suit must begin within one year and 90 days. If the medical malpractice occurred at a hospital operated by the state, plaintiffs must bring a Notice of Intention to File Claim within 90 days of the malpractice.
Additionally, the specific statute of limitations may be tolled if the lawsuit involves children, those with a mental disability, or those still getting treatment. Speaking with your medical malpractice lawyer can help you understand these statutes of limitation and determine how much time you have to file a claim.
What Damages Can You Recover in a Medical Malpractice Case in Brooklyn?
New York does not cap the damages you can recover for medical malpractice. If you can prove your damages, you are entitled to economic, non-economic, and sometimes even punitive damages.
Economic damages: These are actual monetary losses that the victim suffered as a result of their accident.
These damages include:
- Current medical expenses
- Future medical expenses
- Lost earning capacity
- Lost current wages
- Lost future wages
- Personal property damages
- Household services
- At-home care services
- Rehabilitative services including physical therapy and vocational therapy
- Other out-of-pocket expenses
Non-economic damages: These are rather subjective losses that the victim endured due to the accident and are not easily quantifiable.
- Pain and suffering
- Emotional anguish
- Loss of companionship
- Loss of enjoyment of life
- Loss of consortium
- Loss of reputation
- Loss of a limb
Punitive damages: Unlike economic and non-economic damages created to compensate the victim, punitive damages are meant to punish the wrongdoer. However, the standard of proof is relatively high. To collect punitive damages, a victim needs to prove the defendant acted with a complete disregard for their safety and health. Additionally, there needs to be clear evidence of wanton and willful negligence.
Factors That Affect the Amount of Medical Malpractice Damages
The amount of compensation you can recover in a medical malpractice suit depends on a variety of factors, including:
- The severity of the injury- was there a loss of a limb, permanent scarring, constant pain caused by nerve damage
- The anticipated length of recovery
- The certainty of ongoing and continued pain
- The defendant’s conduct
- The ability to live life normally
- The mental anguish that followed a particularly devastating injury
Speaking to your medical malpractice lawyer about these factors can help you determine if your injuries can lead to a higher recovery amount.
If You Sign an Informed Consent Waiver Can You Still Sue for Malpractice?
Before you go through any medical procedure in Brooklyn, doctors must obtain informed consent from you. If they do not get this consent, this can be considered malpractice. Informed consent means that the doctor has made you aware of all the known risks and benefits of the treatment or procedure, including any potential side effects, symptoms, and even complications that can occur.
However, if you sign this informed consent, it does not mean you consent to have a health care professional commit medical malpractice on you through their negligent actions.
If you believe your injury resulted from medical malpractice, speaking with a knowledgeable Brooklyn medical malpractice lawyer can help you figure out if this harm falls outside the bounds of informed consent.
Brooklyn Medical Malpractice FAQ: Important Tips and How a Lawyer Can Help You
When you seek medical care, a trusted professional’s mistake can create significant problems for you and your family. From further health complications to a loved one’s death, the financial, physical, and emotional consequences are long-lasting. If you or someone close to you experienced a medical error, you are not alone. According to Johns Hopkins Medicine research, medical errors are the third leading cause of death in the United States.
The following frequently asked questions address medical mistakes and how a Brooklyn medical malpractice lawyer at Jacoby & Meyers LLP can help you.
A medical mistake or error is a preventable event that affects a patient’s health and well-being.
Medical mistakes can include one or more of the following examples:
Misdiagnosis – One of the most common types of medical mistakes; a misdiagnosis can forever change your life. Treating the wrong illness or health issue distracts from the actual problem. The failure to address the actual illness can worsen, resulting in compounded misery for the patient.
Unnecessary tests – Unnecessary tests may result in side effects that make your life miserable. Tests such as CT scans and MRIs can expose patients to potential cancers and kidney failure. Experts estimate that as much as $700 billion is spent on unnecessary treatments every year.
Unnecessary treatments – Certain treatments can cause you to experience illnesses, diseases, infections, and more. From chemotherapy to unnecessary surgeries, the dangers of unnecessary treatments are real and devastating.
Poor communication – Uncoordinated care is another common cause of medical mistakes. Your care most likely involved a variety of medical professionals. When these professionals fail to coordinate and communicate, the results are often harmful and sometimes deadly.
Never events – A never event is one that should never happen. As strange as it sounds, it is possible to wake from the wrong side surgery or for a surgeon to remove the wrong limb. Other examples include sponges or scissors left in the body—horrible to imagine and even worse to experience.
Hospital infections – The Centers for Disease Control (CDC) defines a healthcare-associated infection (HAI) as central line-associated bloodstream infections or infections at surgical sites.
Examples of central line infections include:
- Ventilator-associated pneumonia
- Catheter-associated urinary tract infection
HAIs expose you to such harmful diseases and organisms as:
- Tuberculosis (TB)
- Human Immunodeficiency Virus (HIV/AIDS)
Medication mistakes – Missed doses and the wrong types of medications are just two examples of how medication mistakes happen. A severe side effect or adverse reaction to medication can endanger your life.
If you experienced a medical mistake, contact a Brooklyn medical malpractice lawyer as soon as possible. State law limits the time for pursuing legal action. Missing the court deadline for filing your case may bar you from pursuing legal compensation for your medical malpractice condition forever.
Placing your evidence and information into legal hands quickly is imperative for building a strong case. Should the responsible party face some criminal charges, the outcome of their case has no bearing on your civil case.
One contributing factor to medical mistakes is doctor burnout or fatigue. While anyone can experience these same symptoms in various careers, medical professionals owe patients a duty of care.
High-stress levels and large patient caseloads are common denominators in many doctor-related mistakes. Medical errors are not limited to doctors, as professionals across all departments can make a life-changing error that affects patient care.
Do not suffer unnecessarily due to a preventable medical mistake. If this happened to you, contact a Brooklyn medical malpractice attorney now.
Whether you can sue due to the loss of a loved one depends upon:
- The details of your case
- Your relationship with the victim
Learning that your loved one died due to a preventable mistake is upsetting and heartbreaking. No compensation can replace their contributions to your life, whether that was income, companionship, help with the children, or all three.
Pursuing a wrongful death case is typically possible if your loved one’s death resulted from negligence.
The following types of relationships to a decedent qualify for wrongful death action:
- A personal representative of the decedent’s estate
Losing a close loved one suddenly results in unexpected funeral and burial expenses. With the average funeral costing as much as $10,000, the price can place an unfair financial burden on you and your family. Your loved one’s lost wages or the loss of inheritance for children are also possible forms of compensation.
Other types of compensation include noneconomic damages, like the loss of companionship. This type of loss is hard to value as only you truly understand the devastation of never seeing your loved one again.
A licensed Brooklyn attorney has the training and knowledge necessary for presenting your case out of court and, if necessary, in court. Trusting your attorney to manage your case can afford you much-needed peace of mind during this stressful time.
Navigating the legal details of a wrongful death case is best left to a Brooklyn medical malpractice attorney. Your lawyer can keep you informed of how your case progresses while doing so in a professional yet compassionate manner.
The stress of what happened to you leaves you neither the time nor the energy to handle your case’s legal details. Filing a claim with an insurance company is just one step in the legal process. Insurance companies generally want to settle with you before you secure legal representation.
If an insurance representative contacts you, seeking to settle your case quickly, do not fall for their high-pressured tactics. Accepting their settlement offer may seem like the answer to your financial woes. The reality is that it may only add to your financial stress should your condition worsen.
Once you accept their offer, the insurance company considers your claim closed. If your medical condition worsens after the settlement, you may not pursue legal action for further compensation.
Dealing with aggressive insurance companies is one of the most important ways a lawyer can help you. Brooklyn medical malpractice lawyers understand how to manage cases involving insurance companies that want to underpay, delay payment, or deny payment.
Strong negotiation skills are necessary for holding the insurance companies responsible for the compensation you deserve. If your lawyer cannot secure the type of settlement they feel you need, they have no problem going to trial.
At Jacoby & Meyers, LLP, we understand the financial challenges you face due to your medical issues. This is why we do not charge or a fee unless we win your case. We collect our fee from the compensation or settlement amount.
What this means for you is this: If we do not win your case, you do not pay. The knowledge that there is no retainer or deposit necessary to secure our services can alleviate your financial anxiety.
We offer free case evaluations, a service that allows you and our team to discover if you have a qualifying case for malpractice. There is no obligation, and your evaluation is completely confidential.
The harm you experienced by the medical professionals that treated you should not go without accountability. Let a member of our team get to work on your behalf as soon as possible.
Each medical malpractice case is different, and the results of yours depend upon a variety of factors. Your lawyer must prove that those who treated you were negligent.
Negligence means that those responsible for your harm failed to use the same care a reasonable person would use in a similar situation.
Types of compensation often pursued in a medical malpractice case generally include:
- Hospital and physician bills, along with other medical expenses
- Long-term medical costs for such care as prescription medications and rehabilitation
- Reimbursement of lost wages due to time missed from work
- Potential earning capacity if you can’t return to the job you had before the medical malpractice
- Pain and suffering for your mental and physical anguish
Despite your medical setback or your grief, there are ways you can help your lawyer with your case.
Helpful tips include:
- Not sharing information about your case with others – Friends and family may seem eager to learn about what happened. It is important not to share information that may harm your case and refrain from posting social media details.
- Gathering your medical records – Your medical records are essential for a medical malpractice case. From the moment you sought care to now, these records serve as valuable evidence.
- Provide your lawyer with pictures – Photographs of your injury or any other type of medical condition can have a powerful effect on an insurance adjuster, a judge, or a jury. If you have photographs or video that may help your case, give them to your lawyer without delay.
- Collect the contact information for witnesses – The names and phone numbers of other patients or medical team members can help your lawyer get started with interviews. The sooner you can provide this information to your lawyer, the faster they can speak with the witnesses. Conducting witness interviews and gathering statements as soon as possible—before witnesses forget information, move away, or change their minds about testifying.
These few steps can provide a strong foundation for building your medical malpractice case. While rest is critical for your recovery, providing your lawyer with information you possibly have at your fingertips is a good start toward justice.
If you experienced medical malpractice, you should contact us as soon as possible. New York law generally allows two years and six months from the date of the malpractice.
The laws regarding medical malpractice lawsuits are complex and best left to a legal professional. By contacting Jacoby & Meyers, LLP immediately following your medical malpractice experience or loss, you can protect your right to seek compensation for your damages.
Contacting a lawyer may top your to-do list, yet putting off such an important call is easy to do. A medical mistake disrupts your life tremendously and can leave you feeling overwhelmed and confused.
When you secure the services of a lawyer, you are not alone. Your lawyer is on your side throughout the legal process.
Seeking medical care should not result in further medical complications or the death of a loved one. If this happened to you, Jacoby & Meyers, LLP, can help you. From your free case evaluation to a possible settlement, we work hard to secure the best outcome possible.
Entrusting your medical team with your life is necessary when you feel ill or suffer an injury. When that trust is broken, and your life is forever changed, pursue justice with a member of our team by your side.
Payment for the expenses you accumulate should not come from your own pocket. Those responsible for your harm or grief should pay for the damages that resulted from their negligence.
At Jacoby & Meyers, LLP, we investigate your case to identify all parties responsible for your harm. We determine liability and seek fair compensation for what you experienced and your possible expenses moving forward.
If you or a loved one sought medical care that resulted in serious harm or death, contact us as soon as possible. The attorneys at Jacoby & Meyers, LLP, are ready to represent you in insurance negotiations and court aggressively. Make contacting us your top priority by calling us now for a free case evaluation: (877) 565-2993 or contact us online today.
How Can Your Brooklyn Medical Malpractice Attorneys Help With My Medical Malpractice Claim?
Medical malpractice laws are there to protect a patient’s legal rights. However, medical malpractice lawsuits are extremely difficult, time-consuming, and complicated. That is why if you believe you have suffered an injury at the hands of your doctor, you need to call a medical malpractice lawyer as quickly as possible.
Our personal injury attorneys can:
- Answer questions you have and walk you through the legal process: If you are a victim of medical malpractice, you most likely have numerous questions and concerns. However, when you call a medical malpractice attorney, these lawyers can provide you the answers you need. While also going over your claim, figuring out if it is viable, and determining what legal options you have.
- Investigate what happened: To have a successful medical malpractice claim, you need to show relevant evidence proving liability and damages. That is why your attorney can get right to work gathering critical documents and medical reports, speaking with other doctors and specialists, and bringing in the experts who can substantiate your claim.
Communicate and negotiate with the other side: It is no surprise that a hospital will have a team of lawyers ready to do what it takes to offer you the lowest settlement amount or deny your claim altogether. However, once you retain a medical malpractice attorney, they can handle all of these communications and negotiations with the other side for you. This can ensure that you do not say anything that can hurt your claim and that your case is treated with the fairness and respect it deserves.
- Head to trial, if necessary: If the other side is unwilling to negotiate, your medical malpractice lawyer can take your case to trial. During this litigation process, your attorney can build a case that reflects your needs to the jury and fight for maximum compensation on your behalf.
If you or a loved one has been a victim of medical malpractice, you need legal counsel you can count on. Contact Jacoby & Meyers LLP to speak with an experienced Brooklyn medical malpractice attorney today, and let us fight for the compensation you need while you focus on what matters most: your health and recovery. Get started with a live chat, email us through our contact page, or phone us at (877) 565-2993 for your free case evaluation.
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