Do You Need A Medical Malpractice Lawyer In New York City?
Raphaelson Levine is a personal injury law office that has served the needs of people harmed by their healthcare provider for nearly 30 years. Our personal injury lawyers also accept cases from family members experiencing the wrongful death of a loved one through medical error or neglect. We have a strong reputation when it comes to aggressively pursuing maximum compensation for our clients. With a short statute of limitations from the date of injury or death of a loved one to file a claim, we encourage you to schedule your initial consultation with a New York Medical malpractice attorney from our law firm today.
If you or a loved one have been injured due to medical negligence complete the contact form below or call 212-268-3222 for discussing your legal options with one of the top medical malpractice attorneys at our firm today.
Medical Negligence Is The Third-leading Cause Of Death In The U.S., Our Law Firm Helps Families Recover
Medical negligence is a growing concern in New York. Every year hospitals, health professionals, and other care providers spend over $3 billion paying out medical malpractice claims, paying an average of over 30 claims per day for medical errors.
The medical malpractice lawyers at Raphaelson & Levine Law Firm have helped hundreds of New York families recover compensation after injuries that have resulted from negligent medical care.
Located in Midtown-Manhattan, New York, our law firm serves patients that have suffered medical negligence throughout New York City (including the Bronx, Brooklyn, Manhattan, Queens, and Staten Island).
The medical malpractice statute of limitations typically provides patients, or their families, 2.5 years (30 months) from the date of their injury to file a claim – a much shorter period than many other types of claims.
What Does It Take To Justify A Medical Malpractice Claim In New York?
The Raphaelson & Levine Law Firm holds physicians and hospitals accountable for medical negligence resulting in lasting disability, grave illness, or fatality. Our lawyers work hard and are recognized as leaders in uncovering medical malpractice and making those providers pay. An unsuccessful surgery or other adverse outcome is not necessarily malpractice.
To justify a claim of medical malpractice, there must be lasting harm and there must be evidence that the medical professionals deviated from the accepted medical standards.
Specifically, you must prove that your healthcare professional in NYC failed you in the following four ways:
- He or she owed you a duty of care. This is the most basic requirement and the easiest to prove when it comes to medical malpractice lawsuits. Duty of care means that you hired a healthcare practitioner to complete any type of medical procedure and he or she failed in the legal and moral obligation to provide you with competent care.
- Your provider committed a breach of care by not offering you the standard of care you have the right to expect from someone with similar medical training and experience. Because proving breach of care can be highly subjective depending on who is interpreting the law, you need personal injury attorneys with many years of experience on your side as you fight for your right to proceed with the lawsuit.
- Proving a relationship between the medical provider’s breach of care and your subsequent injuries or worsening of symptoms.
- Proving a direct correlation between the provider’s actions and the medical consequences you suffered because of them. It’s a common defense strategy in a medical malpractice case for personal injury lawyers representing the other party to claim that you had the condition before you visited the medical provider or that you are exaggerating how his or her actions made your situation worse.
It’s important to understand that the burden of proof lies entirely with you as a person suing for serious injury in a New York State medical malpractice claim. Whether you have sustained brain damage, your parent was neglected in a nursing home, your newborn baby developed Erb’s palsy due to birth neglect, a family member has died and you want to pursue a wrongful death claim, or you have another legitimate reason for seeking legal representation, our law firm wants to help. We encourage you to act as quickly as possible to give your trial lawyers enough time to collect evidence and retain expert witnesses before the 30-month statute of limitations expires.
Examples Of Medical Malpractice Include:
Failure to Diagnose Cancer:
Many types of cancer respond favorably to treatment when detected early. Unfortunately, your doctor may refuse to order the tests you need to confirm it or be guilty of misdiagnosis, both of which allow cancer to spread unchecked. When it comes to cancer, it’s also common for victims of medical malpractice to receive a report showing no particular problem due to a technician performing the MRI, CT, or other imaging test wrong or a doctor misreading the results.
Emergency Room Errors:
Emergency rooms are busy places, and staff often wants to get patients discharged or admitted as quickly as possible. This can easily lead to NY medical malpractice when a doctor or surgeon doesn’t take the time to diagnose and treat your presenting problem correctly.
Preventable birth injuries that lead to cerebral palsy and other lifelong medical conditions can make for a tragic medical malpractice case. However, we understand that sympathy will only get you so far. You need the opportunity to sue the negligent party or parties for medical expenses, lost wages, and other costs associated with providing ongoing medical care for your child with a serious birth injury.
It can sound unbelievable, but surgical errors such as leaving an instrument inside of a patient’s body, operating on the wrong body part, or operating on the wrong patient altogether are more common than you think. We have seen numerous cases of surgical errors locally as New York medical malpractice lawyers.
A doctor should never write a prescription, nor should a pharmacist fill one, without knowing if it potentially interacts with other medications you take. It’s especially incumbent upon the prescribing doctor to consider the medication’s known side effects and weigh them against the potential benefits you could gain from taking the medication. You always have the right to make an informed decision as a patient and could have a legitimate NYC medical malpractice case if you feel that you didn’t have all the facts you needed to make the best possible decision for yourself or a loved one.
Doctors, surgeons, and diagnostic equipment technicians aren’t the only ones who can cause serious injuries due to a lack of professional skills and judgment. You have just as much right to file a medical malpractice case against a nurse as you do against any other type of healthcare professional.
Exceptions to the 30-month Statute of Limitations for Filing a Medical Malpractice Case in New York
In most cases, you have two and one-half years from the date of your injury or the wrongful death of a loved one caused by medical malpractice to seek legal advice and initiate a lawsuit. New York law does allow for the following exceptions:
- Discovery of foreign instrument left inside of body: You have 12 months from the date you discovered this serious error to initiate a claim for medical negligence in New York. Please note, the 12-month clock starts from the date you first realized the error and not the date of the surgery itself.
- New York statute of limitations regarding minor children: When victims of medical malpractice are under age 18, the statute of limitations doesn’t begin until the 18th birthday. However, neither the patient nor the parents can pursue a personal injury lawsuit more than 10 years after the medical malpractice occurred regardless of the child’s age. If the error or negligence happened when a child was five years old, for example, his or her parents would need to pursue an NYC medical malpractice case by the time the child turned 15.
Filing Medical Malpractice Claims For Maximum Compensation
Our founding attorney, Howard Raphaelson, is the grandson of Jacob D. Fuchsberg, the first attorney in the U.S. to obtain a $1 million recovery for a personal injury. In affiliation with his grandfather’s namesake firm, our legal team has recovered numerous million-dollar verdicts and settlements in medical malpractice cases.
A $2.2 million award on behalf of a young teaching aide who is legally blind because of repeated failures to diagnose the cause of her severe headaches, despite three emergency room visits in one month. We proved that timely referral, diagnosis, and treatment could have prevented the irreversible damage to her vision.
A $750,000 settlement for a 45-year-old woman whose breast cancer went untreated for six months because her OB-GYN doctor failed to inform her of a suspicious mass found on a sonogram. The award for the complications she suffered from the delayed diagnosis.
Contact A Caring & Committed Medical Malpractice Lawyer Today
We are known for results in big cases, and we are known for attending to our clients’ needs throughout the process. Call 212-268-3222 or contact us online for a free consultation with one of the top-rated New York City medical malpractice attorneys at Raphaelson & Levine Law Firm. If you decide to pursue an attorney-client relationship after we provide you with a complimentary case evaluation, we will explain each of the next steps as you seek justice in your medical malpractice or wrongful death case. While our goal is always to arrive at a fair settlement with insurance companies, we are fully prepared to represent your interests in a court trial if necessary.
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Free Medical Malpractice Lawyer Consultation
Please complete the form below, or call us directly at 212-268-3222, to schedule a free lawyer consultation with a Medical Malpractice attorney at Raphaelson & Levine Law Firm.