While Manhattan has amazing hospitals that offer a high standard of care, it also shows a continued decline in the overall rankings of its hospitals in national surveys. And even the best hospitals can make terrible mistakes that can leave you facing a lifetime of health complications and expenses.
For Manhattan residents, not only does that mean they may face an overall low standard of care, whether going to the hospital for tests and routine procedures or visiting the emergency room, it may mean a higher risk of encountering medical malpractice.
If you have faced medical malpractice in a Manhattan hospital, an attorney can help you recover some of the compensation you deserve for those serious injuries. Contact the Manhattan medical malpractice lawyers at Jacoby & Meyers, LLP today to learn more.
Why Hire Jacoby & Meyers, LLP
Jacoby & Meyers, LLP, has served clients in Manhattan and throughout the greater New York metro area since 1972. Since our founding, holding medical professionals accountable for mistakes and lapses that injure their patients has constituted a core part of our law practice.
Why do Manhattan residents turn to Jacoby & Meyers, LLP when medical procedures go wrong and when doctors get careless? It’s because they know they can count on our team of skilled medical malpractice lawyers and legal professionals to give them the personalized attention and sound, straightforward advice they need during a difficult time in their lives. Our detailed understanding of medical protocols, procedures, and expected outcomes gives our clients confidence in our ability to advocate for them in-and-out of court.
We Get Results in Medical Malpractice Cases
Jacoby & Meyers lawyers know how to get results in Manhattan medical malpractice cases.
Our recent results include:
- An $8,323,000 settlement for a child who developed cerebral palsy because of a doctor’s mistakes in connection with childbirth;
- A $4,000,000 jury verdict on behalf of a mother whose newborn twins died due to medical malpractice in connection with her prenatal care;
- A $3,000,000 settlement in a case where medical malpractice led to the death of a new mother just days after she gave birth; and
- A $1,600,000 settlement on behalf of a client whose doctor failed to diagnose her ovarian cancer in time to stop it from developing into a Stage 3 disease.
Our past successes do not guarantee future financial recoveries for our clients. They do, however, demonstrate the capabilities of Jacoby & Meyers to take on and win complicated, emotionally-charged Manhattan medical malpractice cases.
We Can Fight Medical Malpractice Claims Against the Biggest Manhattan Hospitals
Medical malpractice can occur at any Manhattan hospital, including:
- Bellevue Hospital
- Cabrini Medical Center
- Coler Specialty Hospital
- Gracie Square Hospital
- Harlem Hospital
- NYU Langone Orthopedic Hospital (formerly Hospital for Joint Diseases)
- Hospital for Special Surgery
- Lenox Hill Hospital
- Memorial Sloan-Kettering Cancer Center
- Metropolitan Hospital Center
- Mount Sinai Medical Center
- Mount Sinai Beth Israel Medical Center
- Mount Sinai Morningside (formerly St. Luke’s Hospital)
- Mount Sinai West (formerly Roosevelt Hospital)
- New York Eye and Ear Infirmary
- New York-Presbyterian Hospital
- New York-Presbyterian Lower Manhattan Hospital
- NYU Langone Health
- Rockefeller University Hospital
At Jacoby & Meyers, LLP, we’re not intimidated by these or other big hospital corporations. We have the resources to bring them to heel when they try to delay, deny, or reduce the payments our clients deserve due to the harm they inflicted.
Common Types of Medical Malpractice in Manhattan
It’s no surprise that patients can find themselves victims of malpractice in Manhattan—New York ranks 47th in the nation when it comes to the overall quality of its hospitals.
Medical malpractice can occur in a variety of forms, many of which can have extreme consequences for their victims. In general, doctors must provide a high standard of care for their patients. Not only do doctors take an oath to harm none, patients trust their doctors to provide a high level of care: to offer knowledgeable, comprehensive diagnoses and treatments that will allow them to recover from severe injuries and illnesses with the best possible outcome.
Unfortunately, not all doctors provide that high standard of care. In some hospitals, doctors and nurses may spend too many hours on the clock, dealing with too many patients during a single shift. In others, doctors may carelessly prescribe medications or treatments without taking the time to look over the patient’s medical records. Still others may commit errors due to a simple lack of attention. Dealing with the impact of that malpractice, however, can change the course of the victim’s life.
Failure to Diagnose
Doctors often deal with patients with a wide variety of symptoms, which they must recognize, evaluate, and treat as effectively as possible. Sometimes, doctors may simply not know how to diagnose a specific illness. The doctor might not recognize those specific symptoms, which could make it very difficult for them to effectively diagnose a specific ailment.
Not every doctor can realistically know every illness and every possible presentation of that illness. However, if a patient comes in clearly showing or describing specific symptoms that clearly point to a known illness or injury, the doctor may bear liability if they fail to properly diagnose that ailment.
Suppose, for example, that a patient comes into the hospital emergency room with a broken bone. Doctors look over the X-rays, but do not identify the clearly broken bone, or mix up the patient’s X-rays with another. Over the following days, the patient’s injury may worsen due to a lack of treatment, causing ongoing pain. If the patient does not receive prompt treatment, the injury may worsen, eventually leading to further complications.
In some cases, rather than simply failing to diagnose a patient, the doctor may misdiagnose the patient completely. Sometimes, the patient may have symptoms that make it difficult to discern one type of illness from another. A doctor who misdiagnoses that patient might fail to conduct additional tests that could give a better idea of what specific illness the patient has to deal with. In other cases, the patient may have clear symptoms of one illness, but the doctor may diagnose it as something else entirely.
Misdiagnosis can be devastating for the patient. Not only does misdiagnosis mean that the patient will not receive treatment for the illness they actually have, it may mean that the patient suffers the side effects of treatment for another type of illness. In some cases, the patient might not have an illness at all, but go through damaging treatments to treat a condition they do not have. Over time, this can lead to immense side effects, including harmful side effects that can impact every area of the patient’s life.
Failure to Treat
A doctor may diagnose a patient, know exactly what treatment they should receive, but fail to properly treat that patient. Sometimes, patients fall through the cracks. In a busy emergency room, for example, a patient who does not seem to have immediate emergency symptoms may get pushed to the back of the line, then eventually manage to get discharged without receiving proper treatment. In other cases, the doctor might adopt a “wait and see” approach that turns out highly detrimental for the patient, or try to convince the patient that substantial intervention will not be necessary. Unfortunately, these actions can lead to substantial challenges for a patient who may need that treatment to maintain or restore their health.
Surgical errors can leave a patient with permanent limitations or even cause a patient to die. Surgeons must operate in a sterile environment and take every precaution to ensure that the patient remains as safe as possible. During surgery, the patient becomes incredibly vulnerable.
Surgical errors can include a variety of potential problems, including:
- Contaminating the surgical site
- Operating on the wrong area of the body, including limbs or organs
- Leaving something in the body
- Anesthesia errors
Choosing the right medication to treat an illness can make all the difference for a patient. Sometimes, however, a doctor or nurse may make an error in prescribing or administering a medication. A doctor might prescribe the wrong dosage of a medication, which can cause substantially increased side effects or even death in a patient, or a nurse might draw up the wrong dose of that medication in the hospital. A doctor might also prescribe the wrong medication to a patient, including a medication the patient suffers allergies to or a medication that will interact poorly with other medications or supplements taken by the patient.
Pharmacists usually go over patient history, including allergies, reactions, and other medications, and carefully evaluate the dosage on medications to help ensure that patients do not accidentally end up taking the wrong medication. However, sometimes, those checks and balances fail, leading to substantial complications for the patient.
During childbirth, both mother and child become particularly vulnerable. Doctors must provide an extremely high standard of care to these patients to help protect them and prevent severe injuries. Birth injuries may occur as a natural result of the birthing process. Some babies, for example, may suffer significant bruising due to their position in the birth canal.
Often, however, birth injuries may occur because of medical malpractice: a doctor who ignores warning signs of a baby in distress, leading to brain damage because the baby gets deprived of oxygen, or a doctor who forces or rushes medical interventions that ultimately lead to serious complications in either the mother or the child. Careful monitoring and decision-making can help protect both mother and child during labor and delivery.
Failure to Inform
In addition to taking care of a patient to the highest possible standard, doctors must inform patients about the recommended treatment and its potential side effects so that they can make the best possible decision for their needs, based on the available information. Doctors cannot fail to provide patients with this information just because they want them to make a particular decision or find it in their best interests.
Many procedures, for example, come with a high risk of potential side effects. If a medication causes unwanted or dangerous side effects, it could change the course of the victim’s life. A surgical treatment with high risks could lead to the patient’s death or severe consequences. Doctors must inform patients of those possible dangers and allow them to make their own decisions about those procedures. In an emergency, however, doctors can decide for their patients if the patient cannot communicate.
Medical Product Liability
Medical products often help substantially improve the quality of a patient’s life. Pacemakers, for example, can help steady an irregular heartbeat, while prosthetic joints can help improve mobility and decrease pain for patients facing serious challenges. When these medical devices fail, however, they can cause more harm than good. Sometimes, medical devices may have unexpected errors. Many hip replacement parts, for example, contained metal-on-metal joints that later proved to cause a serious buildup of heavy metals in the patient’s body, which could lead to substantial illness. Others may break unexpectedly.
Dealing with medical product challenges can prove extremely difficult for many patients, who may have to undergo an additional procedure to fix the damaged part or who may face ongoing problems related to a damaged medical product. Medical products external to the body, including the machines used in the ICU or as part of undergoing anesthesia, can also have substantial errors that may make treating a patient more difficult or lead to additional complications. In some cases, medical device failure or contamination can lead to patient death.
Seeking Compensation Following Medical Malpractice in Manhattan
If you faced medical malpractice in a Manhattan hospital, contact an attorney as soon as possible. An attorney can help you understand your right to compensation, including the amount of compensation you should expect following your injuries. An attorney can also investigate the doctor and facility that caused your medical malpractice, providing clear evidence that can help you establish the compensation you deserve. Contact Jacoby & Meyers, LLP today.
The Compensation to Expect After a Manhattan Medical Malpractice Claim
An attorney cannot provide you with a promise about how much compensation you will ultimately receive following medical malpractice. Your right to compensation can depend on the full extent of the injuries you suffered due to the doctor or facility’s negligence. However, most medical malpractice claims include compensation for the same basic elements.
1) Compensation for additional medical expenses related to the act of malpractice. Medical malpractice can cause severe injuries that lead to immense medical bills. Suppose, for example, that a doctor misdiagnosed a serious illness, such as cancer. You may have gone through multiple procedures, including radiation or chemotherapy, before realizing that the illness you faced did not require those treatments at all.
In the meantime, your initial condition may have grown worse, leaving you struggling to arrange for the treatment you need. You may have higher medical bills due to that misdiagnosis and the wait between your initial symptoms and treatment for that illness.
You could include compensation for your additional medical bills, including future anticipated medical bills, as part of your Manhattan medical malpractice claim.
2) Lost wages because of the malpractice committed against you. Medical malpractice can cause you to miss work for a variety of reasons. You may need to miss work while undergoing treatment for a serious illness or injury. If your doctor fails to properly diagnose that illness or injury, you may end up missing more work while you manage your treatments.
If your symptoms prevent you from working, failure to diagnose can leave you unable to go back to work and complete your usual job duties. Surgical errors may require you to spend additional time out of work while you recover or pursue further treatment due to the doctor’s negligent actions. You could include compensation for wages lost as part of your Manhattan medical malpractice claim.
3) Compensation for pain and suffering resulting from an act of medical malpractice. Medical malpractice can result in a patient suffering immense physical pain and side effects from the diagnosis or treatment. Failure to diagnose may leave you with more, or even worsening, symptoms of the illness you failed to treat in the first place. Misdiagnosis may add to those symptoms, since you may suffer side effects from going through the wrong treatment. Surgical errors, never events, and medical device errors can cause immense pain and suffering in the victim’s life.
A Manhattan medical malpractice attorney can give you a better idea of the compensation you deserve and how to go about seeking it. Contact Jacoby & Meyers, LLP, today for more information.
Who Bears Liability?
Following an act of medical malpractice, you want to find the party liable for those errors, not only so that you can pursue compensation, but so that you can reduce the odds that someone else will face similar ailments and challenges in the future.
- The doctor responsible for caring for you. To bear liability in a medical malpractice claim, the doctor who committed that act of malpractice must have a doctor-patient relationship with you. Sometimes, you may see multiple doctors throughout your treatment, especially while hospitalized. If you use a practice that employs multiple physicians, they may all have a hand in your care. However, a doctor that does not see you as a patient does not bear liability for any malpractice committed against you.
- The facility where the malpractice occurred. Sometimes, a doctor may not commit the act that leads to malpractice. During a hospital stay, for example, a nurse may fail to give you the proper dose of a medication. An improperly-maintained facility can increase your odds of developing an infection, especially if the hospital does not have clear policies in place to prevent contamination. In some cases, the facility may bear liability for an act of malpractice committed by a doctor, including a case in which the facility continued to employ a doctor known to pose a danger to patients.
- The medical device manufacturer. Did a medical device fail, causing serious problems for you? If so, the manufacturer of that device may bear liability for your medical challenges. Every year, thousands of medical recalls impact people across the country. Still more devices fail before a recall even comes on the scene. An attorney could help you establish whether your device falls under a known recall.
Talk to an attorney to help determine who may bear liability for the act of medical malpractice against you and how you can pursue compensation for your losses. Contact Jacoby & Meyers, LLP today to see what we can do for you.
“I had an amazing experience with Jacoby & Meyers, LLP. I would highly recommend them for anyone needing a law firm.” -Paul T.
Manhattan Medical Malpractice FAQs
Following an act of medical malpractice, you may have questions about your legal rights. Below, find some of the most commonly asked questions we get about medical malpractice. If you have questions about your individual claim, contact an attorney as soon as possible for your free consultation.
1. If I do not feel satisfied with the treatment I received from a doctor, do I have grounds for a Manhattan medical malpractice claim?
Doctors take an oath to “harm none” when they start practicing medicine. They must provide a high standard of care for their patients, including reducing a patient’s risk of injury as much as possible and providing the treatment that a patient needs. Most hospitals have policies that require them to provide the highest standard of care to their patients regardless of the patient’s ability to pay for that treatment.
However, not every patient will feel satisfied with the care they receive every time. Before you select the treatment you will receive for a specific ailment, whether injury or illness, your doctor will go over your options with you and help you determine the best course of treatment for your needs. Your doctor should also discuss potential side effects and the odds of success offered by each type of procedure or treatment.
You will then need to decide the care you want to pursue. Sometimes, this may mean that you do not end up with the most satisfactory outcome. Outside factors, including your personal health history or information you do not choose to share with your doctor, can impact your recovery or your response to specific types of treatment.
To have grounds for a medical malpractice claim, you must work with an attorney to show that your doctor committed an act of negligence in some way. For example, if your doctor operated on the wrong area of your body or prescribed a medication that did not treat your illness the way it should have, you may have grounds for a malpractice claim.
2. How does informed consent play into a Manhattan medical malpractice claim?
“Informed consent” means that a patient must know about the options available and give consent for the treatment offered. When you face a serious diagnosis, your doctor should provide you with information related to your diagnosis and your treatment options.
Your doctor should share information about:
- Your treatment options. Many diagnoses have multiple options for treatment. You may have surgical options, medication options, or therapy options that can help shape the course of your treatment and your prognosis. Some treatment options will have better potential outcomes than others. Your doctor should provide you with a clear assessment of those options so that you can make an informed decision. Your doctor can make recommendations about your treatment options, but cannot force you to take a specific treatment option.
- Potential side effects. Some treatments may have side effects that are more difficult to deal with than the disease they intend to treat. Before you decide on a course of treatment, your doctor should let you know about those potential side effects and how they may impact your life. You may choose to delay treatment or select a different type of treatment because of the potential side effects associated with that treatment. If your doctor fails to inform you about possible side effects, including well-known side effects that can lead to immense complications, you may have grounds for a medical malpractice claim.
- Any dangers associated with the procedure. Some procedures carry with them a high level of risk. Before deciding to go forward with that procedure, you should receive information about the potential risks and how they may impact you long-term.
- Whether you need an experimental procedure. Sometimes, an experimental procedure may offer great odds of recovery from your specific illness or ailment. Some people, however, may not want to move forward with a treatment that has not received extensive testing and approval. Your doctor should notify you about the experimental nature of any device or treatment that they want you to try.
After receiving all the information about your procedure, your doctor should then allow you to make a decision based on that information. If you do not give consent for a procedure, your doctor should not force it on you in any way or push you to accept a procedure that does not fit your needs.
3. How long do I have to file a Manhattan medical malpractice claim?
To file a medical malpractice claim, you must begin the process of filing that claim before the statute of limitations runs out. In cases of medical malpractice, you may not always know about the extent of the injuries you suffered immediately.
Sometimes, it may take months or even years before you realize the extent of the damage you suffered or even notice that your doctor committed medical malpractice. In those cases, you may have additional time to file your Manhattan medical malpractice claim. Contact an attorney to help you determine whether you have grounds for a claim and when you need to file. Contact Jacoby & Meyers, LLP for more information today.
4. Will the liable Manhattan doctor or facility have to pay my medical bills after committing medical malpractice against me?
In cases of medical malpractice, you could seek compensation for your injuries, including your medical expenses and suffering, through a Manhattan medical malpractice claim. That does not necessarily mean, however, that the doctor or facility will have to pay your future medical expenses directly.
Sometimes, you may work out an arrangement for discounted medical through the facility. Other times, on realizing that an error occurred, the facility may choose not to charge you for your future medical needs. However, in other cases, you will need to seek compensation through a Manhattan medical malpractice claim. You could then use those funds to cover your medical bills and other expenses related to your loss.
You may need to notify your insurance company about a medical malpractice event and ask how it will impact your coverage moving forward.
5. What should I do if the doctor or facility’s insurance company, or the doctor or facility directly, offers me compensation following a case of medical malpractice in Manhattan?
Call us right away.
Most doctors, hospitals, and care providers carry medical malpractice insurance. That insurance not only protects doctors who may commit errors, it protects victims of medical malpractice, who can pursue compensation through the liable party’s insurance, rather than expecting the liable party to deal with them directly.
Those insurance companies, however, often become highly aggressive in their efforts to reduce the financial liability they face after an act of medical malpractice. One commonly-used tactic includes an early settlement offer, as soon as possible after you suffer malpractice or discover the error.
That settlement offer frequently reflects the lowest amount the insurance company thinks it can get away with offering. Instead of providing you with the compensation you need to cover your medical expenses and other losses related to that event, the insurance company may issue a low settlement that seems to reflect your immediate needs, but that will not ultimately provide you with the compensation you deserve.
Talk to an attorney before accepting that offer. While dealing with a medical malpractice claim may mean a hard-fought battle for the compensation you deserve, an attorney can help give you a better idea of how much compensation you deserve and how to manage your claim to increase the odds that you will receive that full compensation amount.
6. Do I always need a lawyer to handle a Manhattan medical malpractice claim?
Yes. An attorney can be critical in managing your medical malpractice claim. No doctor wants to face a medical malpractice judgment. Not only that, the insurance company does not want to pay out the compensation you really deserve. The insurance company may try to aggressively fight the medical malpractice claim altogether or to minimize the compensation you receive.
An attorney, on the other hand, can bring multiple advantages to your claim.
- An attorney can help collect vitally needed evidence. The insurance company may try to prove that you did not give your doctor a fair assessment of all your symptoms or notify them about unexpected side effects related to the medication. Your attorney’s investigation into your records, on the other hand, may show that you clearly offered that information to your doctor. Likewise, your doctor may try to claim that they provided you with all necessary information about a procedure and its possible side effects, but your attorney’s investigation may turn up numerous claims from other patients that the doctor frequently failed to provide patients with adequate information about procedures and their potential side effects. If you suffered a medication error, your attorney can help seek proof of the prescribed dosage. An attorney’s assistance can help turn up the evidence you need to prove your claim.
- An attorney can negotiate or fight on your behalf. Constant negotiations and calls from the insurance company can wear you down during an already-difficult and draining period of your life. Your attorney can take over negotiations on your behalf and, if the claim must go to court, present your claim for you.
- An attorney can offer more information about the compensation you really deserve. Sometimes, the doctor or insurance company may try to wear you down and convince you that you do not really deserve compensation for the losses you faced. Other times, you may not really know how much compensation to expect or even whether you have grounds for a medical malpractice claim. An attorney can help provide you with vital information about your rights and the compensation you deserve for your losses. Contact Jacoby & Meyers, LLP today to get started.
Do You Need a Manhattan Medical Malpractice Lawyer? Call Jacoby & Meyers, LLP
If you suffered serious injuries due to negligence on the part of a Manhattan doctor or medical facility, a Manhattan personal injury attorney can give you more information about your right to compensation and help you pursue a claim against the doctor or facility that committed medical malpractice against you. Contact Jacoby & Meyers, LLP today at (212) 445-7000, fill out the form on our contact page, or chat with one of our live representatives for your free consultation.
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