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 BRIEF SUMMARIES OF MEDICAL MALPRACTICE LAWSUIT SETTLEMENTS WE HAVE SECURED FOR PAST CLIENTS.
$750,000 Misdiagnosis Settlement
New York Gynecologist Neglected to Inform Patient About Suspicious Mass
$2.2 Million Medical Error Injury Settlement
Improper Diagnosis by Hospital Center and Primary Care Group Led to Patient Blindness
SEE MORE CASE RESULTS BELOW
Hire the Law Firm of Raphaelson Levine for Your NYC Medical Negligence Lawsuit
When you’re dealing with a situation as serious as a medical malpractice case, it’s important to retain experienced legal counsel as quickly as possible. As a law firm with a reputation for aggressively representing our clients, we are pleased to inform you that our personal injury attorneys have retained more than $500 million in settlements for our clients since 1992.
You stand a much greater chance of receiving a sizable payout when you work with medical malpractice lawyers than you do attempting to represent yourself. One reason for this is that a medical malpractice suit is among the most challenging types of personal injury cases to prove and win. Fortunately, you can depend on your medical malpractice attorney to clearly demonstrate that your provider breached his or her duty to provide an acceptable standard of care and that you deserve compensation for medical bills and other expenses associated with this negligence.
Requirements You Must Meet to File a NYC Misdiagnosis Lawsuit
Before pursuing a medical malpractice settlement, remember that state and federal laws require your claim to meet each of the following criteria:
- You had a legitimate doctor-patient relationship with your provider. This means that you paid the doctor for his or her medical expertise and services and the doctor agreed to accept payment to treat you. Although you can still sue healthcare providers who did not treat you directly, you must prove their involvement in your case. A good example of this is an imaging technician whom you might not have ever spoken to but whom nonetheless caused you harm by misreading your results.
- You can prove the doctor, nurse, surgeon, or other medical provider was negligent in your care. This often requires the assistance of medical experts and other expert witnesses because your healthcare providers may attempt to argue that you were simply unhappy with your care. All healthcare professionals must perform their duties with reasonable skill and care as compared to other providers with the same level of education and experience.
- You can prove a direct link between the provider’s medical negligence and your injuries. This can be a heavy burden of proof because insurance companies and attorneys representing the other party may try to argue that you were already sick or injured and the provider’s care did not worsen your condition. This is yet another reason why it’s so important to form an attorney-client relationship as soon as possible. This gives your lawyer enough time to call medical experts to testify on your behalf.
- You must show specific damages caused by the surgical error or other type of medical malpractice. This last step requires you to prove that you suffered physical pain, mental anguish, lost income, medical expenses, or other common consequences of medical negligence before you can claim to have a legitimate case.
Discovery is the First Phase of Medical Malpractice Settlements New York
Before you can get to the point of a settlement offer, your medical malpractice lawyers must first complete the discovery phase. This begins immediately after official notification of the defendant in your case. Our injury lawyers will begin collecting evidence and documentation regarding your medication error, brain damage, surgical error, or other type of medical malpractice. Attorneys and insurance companies representing the plaintiff and defendant request information from each other to help build solid cases. The discovery phase is also when personal injury attorneys hire medical experts to testify on behalf of their client.
What Are Expert Medical Witnesses?
Any expert witness must be a professional completely neutral to your case. The purpose of working with experts is to first obtain their help with case investigation. This allows them to establish an acceptable standard of care while also determining if medical negligence applies in your situation. The expert must meet New York’s education and experience requirements and receive approval from a judge if your case goes to trial.
Negotiation vs. a Court Trial
While more than 90 percent of all personal injury cases settle out of court, keep in mind that insurance companies are in business to make money. You should expect a low initial offer for this reason. Your medical malpractice lawyers will attempt to negotiate with the attorneys representing the insurance company to avoid the time and expense associated with a court trial. It’s only when negotiations break down, and we feel the other party is not offering a fair settlement amount , that we will proceed with bringing your medical malpractice case to court.
We Pride Ourselves on Obtaining Large Settlement Amounts or Jury Awards
The personal injury law firm of Raphaelson and Levine has earned a reputation in New York City and the surrounding Burroughs for aggressively fighting for maximum compensation for our clients. That means we have obtained some of the highest payouts in the state of New York. While we can’t guarantee a successful outcome or a specific settlement amount, we can let you know that the average payout for a medical malpractice claim settled out of court in New York is $425,000. Conversely, the average jury verdict is $1 million dollars.
Should your lawsuit be successful, you may receive compensation for actual financial losses such as medical expenses and lost wages. You can also receive non-economic damages where appropriate such as pain and suffering, loss of companionship, and loss of enjoyment in life. It all depends on the negotiation skills of your medical malpractice lawyers and how much sympathy the jury has for your situation if the case goes to court.
While we always try to settle your case as quickly as possible, several individual factors determine how long you can expect it to take. These include complexity of your case, whether we settle or go to court, the strength of your case, and the court backlog.
Schedule Your Free Consultation with A Personal Injury Lawyer Today
We invite you to contact our law firm in New York City on behalf of yourself or family members if you feel you are the victim of a negligent medical professional. We also encourage you not to wait until the statute of limitations comes close to expiring before doing so. Our team will review your medical records and interview you to determine if a true case of medical malpractice exists as well as provide guidance on each of the next steps. Call today for a free consultation at 212-268-3222.
$750K Breast Cancer Misdiagnosis
A 45-year-old woman had a sonogram that indicated a suspicious mass in her breast. The doctor failed to inform her of the mass. As a result, this cancer was not discovered until 6 months later. She suffered significant complications that would not have occurred if the cancer had been diagnosed earlier. Our law firm obtained a satisfactory settlement from her gynecologist because of his failure to properly diagnose her with breast cancer.
$2.2M Medical Error Injury Settlement
Repeated failures to properly diagnose severe headaches resulted in a young woman becoming legally blind. The woman, a teaching aide, was in and out of three emergency rooms in October of 1998, before she was properly evaluated by a neurologist and referred to a neuro-ophthalmologist. She first went to Westchester Medical Center and later to Our Lady of Mercy Hospital.
By the time he identified that pressure on her optical nerve was the cause of her headaches, the damage was irreversible. She was left with no central vision, sees only shadows, no colors, and must use a white cane. The case against Westchester Medical was resolved for $1.75 million and with her primary care group for an additional $500,000.