No one ever expects to visit a doctor or hospital and come away from the experience a victim of medical negligence. Unfortunately, personal injury and wrongful death due to medical malpractice happens far more often than it should. According to a May 2016 study published by Johns Hopkins University, 10 percent of all deaths in the United States occur due to improper medical care. The university’s research study also indicates that medical errors are the third-leading cause of death among Americans of all age groups.
New York gives you 30 months from the date of the injury or misdiagnosis to file a medical malpractice claim. If you are receiving ongoing treatment, the clock on this period of two years and six months doesn’t start until you have completed all treatment sessions with your provider. You have one year from the date of discovery to initiate your medical malpractice lawsuit if a surgeon leaves a foreign instrument inside your body. Finally, the state gives you two years from the date of a loved one’s death to file a wrongful death medical malpractice claim against his or her provider.
Below are examples of medical malpractice lawsuit settlements we have secured for our clients.
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A $2.2 million settlement for a teaching aide in Westchester who became legally blind after repeated failures to diagnose the cause of severe headaches. The client went to three emergency rooms before a doctor found pressure on the optic nerve. By then the damage was irreversible, and the client had no central vision. We recovered from both a medical center and the client's primary care group.
Our client, an infant, suffered a catastrophic anoxic brain injury after medical staff at a Bronx hospital failed to properly monitor a ventilator during emergency treatment. The oxygen deprivation caused cortical blindness and a seizure disorder that will require lifelong medical management. Raphaelson & Levine retained pediatric neurology and respiratory care experts who reviewed the hospital's records and identified multiple deviations from the accepted standard of care, including delayed responses to critical alarm readings. We pursued claims against the hospital and the treating physicians, demonstrating that timely intervention would have prevented the brain injury entirely. The $1.1 million settlement provides for the child's ongoing neurological care, therapeutic services, and adaptive needs as she grows.
Raphaelson & Levine recovered $875,000 for a patient who suffered serious harm due to a medical provider's failure to diagnose a treatable condition. The delayed diagnosis allowed the condition to progress, requiring more aggressive treatment and causing permanent complications. Our team retained medical experts who established that the standard of care was clearly breached and that earlier intervention would have prevented the worst outcomes.
A $750,000 settlement for a patient whose breast cancer went undiagnosed for six months because the gynecologist never told the patient that a sonogram had shown a suspicious mass. The delay led to complications that would not have happened with an earlier diagnosis, and we recovered the settlement from the gynecologist for failing to diagnose the cancer.
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