Medical Malpractice Lawyers in New York City

What Is Medical Malpractice?

As a patient, you put complete trust in your physician or medical provider. When an injury occurs due to medical negligence, the results can be devastating and permanent. However, while all medical negligence situations are traumatic, not every case is considered malpractice.

The legal definition of medical malpractice is when “an action or omission by a healthcare provider, which falls well below the acceptable standard of care that other healthcare providers would have given under the same circumstances, resulting in injury to the patient.”

In other words, to prove medical negligence you must be able to prove the following:

• The patient received treatment that breached the lowest expectation for the standard of care
• The inaction or action caused by the medical provider resulted in serious or permanent injury to the patient that wouldn’t have occurred otherwise

New York Medical Malpractice Statute of Limitations

The statute of limitation in New York for medical malpractice claims is two and a half years from the date the injury was inflicted. This means that if you do not file a claim within this period you will not be able to file.

There is No Discovery Rule in New York

The bulk of U.S. states have in place what is referred to as a discovery rule. Many times, an injury that results from a medical mistake is not identified for quite some time after the actual injury has taken place. A discovery rule essentially acknowledges this and starts the statute of limitations for claims from the date that the injury becomes known or discovered.

New York does not have a discovery rule. Therefore, the statute of limitations starts when the action takes place even if it is not known at the time. If an injury is discovered after the statute of limitations has run out, no recourse may be available to victims. The New York State Senate reports that a 2013 effort to enact a discovery rule in the state proved unsuccessful.

Foreign Objects

It is important to note that there is an exception to this general rule in New York. If a foreign object was left inside your body after surgery – such as a sponge – the statute of limitations does not begin until after the object has been discovered. In such cases, the injured patient has one year to file suit from either the time when the object was discovered or from the time when the object should “reasonably” have been discovered, whichever comes first.

In the event of suspected doctor error or nurse negligence, where injury, illness or death occurred, a trusted attorney with medical malpractice experience may be able to help identify responsible parties and bring them to justice. With the help of an attorney, you can ensure that negligent behavior does not continue, and other patients may be spared undue pain, illness and suffering. Victims of medical malpractice may be given more time to file claims, but as with any personal injury case, taking action as soon as possible is of paramount importance.

Contact us today at (212) 684-1880 or send us a message to speak with us during a free, confidential consultation.

Examples of Medical Malpractice

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we have more than four decades of experience in representing injury clients, including those who have been hurt by medical professionals. That is why we have the knowledge and resources to thoroughly pursue your medical malpractice campaign, no matter what circumstances it might entail.

We’re prepared to handle claims involving:

• Anesthesia Errors: Often, anesthesia errors are committed not just by anesthesiologists but by an entire collaborative team that includes nurses and doctors, thus potentially increasing an organization’s liability
• Obstetrical Malpractice: Obstetricians may cause birth complications such as brain damage, cerebral palsy, Erb’s palsy, shoulder dystocia, or brachial plexus injuries
• Birth Injuries: While most births go smoothly, some have complications. Birth injuries can range from minor, like bruising, to a life-altering diagnosis, such as that of cerebral palsy
• Infant Brain Damage: Many birth injuries are caused by a lack of oxygen to the baby during birth, causing serious brain damage to a child. Lack of oxygen during birth can lead to cerebral palsy and other serious conditions that your child may have to contend with for the rest of his or her life
• Cerebral Palsy: Medical mistakes that lead to cerebral palsy include failure to diagnose, failure to treat maternal infections, failure to treat jaundice, or failure to ensure that the baby has adequate oxygen
• Erb’s Palsy: Erb’s palsy is a condition marked by damage to a series of nerves in the neck and shoulder, known as the brachial plexus
• Shoulder Dystocia: Shoulder dystocia is a particular type of dystocia in which the nerves of the baby’s shoulder, the brachial plexus, are damaged during childbirth
• Failure to Diagnose Cancer: When doctors fail to run tests that would detect cancer early on, this gives the cancer the chance to metastasize to other parts of the body
• Misread Mammograms: If doctors fail to recognize warnings of cancer in a mammogram test or fail to take appropriate measures when they do, cancerous tissue can grow and spread to the point where it is untreatable

This list is not exhaustive; we also represent victims of surgical errors, emergency room errors, and many other types of medical malpractice and negligence. At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our New York medical malpractice attorneys have been serving the legal needs of people from New York and throughout the nation for over 40 years. We have the skills and resources to represent you in negotiation and litigation in this complex area of law.

Contact us today at (212) 684-1880 or send us a message to speak with us during a free, confidential consultation.

Compensation Available for Medical Malpractice Cases 

Many states impose caps on medical malpractice damages. However, that is not the case in New York State.   

Medical Malpractice Damages 

Damages, or compensation, in a New York medical malpractice case, are divided into economic and non-economic damages. Economic damages, which are generally straightforward to calculate, may include: 

• Medical expenses, current and future, related to the breach of care
• Lost wages, including future lost wages
• Cost of equipment for recovery, such as assistive devices, e.g., wheelchairs
• Physical therapy
• Cost of household or nursing help while recovering

Non-economic damages are more subjective and may include: 

• Disfigurement
• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

The jury calculates the value of non-economic damages based on various factors, including the plaintiff’s age, injury severity, and impact on their daily life.  

Pure Comparative Fault 

If a healthcare provider or facility, such as hospice care or a hospital, is named as a defendant in a medical malpractice case, New York allows the defense of pure comparative negligence to be used. Any damages are reduced by the percentage of fault as determined by a jury. For example, if a jury determines the plaintiff is 20 percent at fault, a $100,000 award is reduced to $80,000.  

Building a Strong Medical Malpractice Case  

Building a strong medical malpractice case begins by identifying all medical professionals who may have been negligent. Besides doctors, surgeons, nurses, hospitals, and nursing homes, other healthcare professionals may hold liability.  

These may include: 

• Assisted living facilities  
• Chiropractors  
• Mental health care professionals 
• Pharmacists  
• Physician assistants  
• Physical therapists 
• Radiologists  

Key Elements of a Medical Malpractice Case in New York

To succeed in a medical malpractice claim, you must prove four key elements: 

Duty of Care

• You must establish that a doctor-patient relationship existed, meaning the healthcare provider owed you a duty of care. This is generally straightforward if the doctor or hospital in question was treating you. 

Breach of Duty (Deviation from Standard of Care)

• You need to show that the healthcare provider failed to act according to the accepted standard of care that a competent professional in the same field would have provided under similar circumstances. 
• Evidence of this breach typically involves comparing the healthcare provider’s actions to established medical guidelines, protocols, or practices. 

Causation

• It must be proven that the provider’s breach of duty directly caused the injury or harm. This often requires showing that the harm would not have occurred if the provider had met the standard of care. 
• Proving causation is often the most challenging aspect, as the defense may argue that the injury was due to an underlying medical condition, not malpractice.

Damages

• You must demonstrate that you suffered actual damages as a result of the malpractice, such as physical pain, emotional distress, additional medical bills, lost wages, or long-term disability. 

Essential Evidence for a Strong Case

Medical Records

• Comprehensive medical records, including test results, doctor’s notes, prescriptions, and treatment plans, are critical for analyzing what occurred and identifying where deviations from the standard of care may have occurred. 

Expert Testimony

• New York law requires that a qualified medical expert provide testimony to establish the standard of care, how it was breached, and how this breach caused your injury. The expert should be a professional in the same field or specialty as the defendant. 
• A “Certificate of Merit” is often needed, which is a statement from a medical expert affirming that there is a reasonable basis to pursue a malpractice claim. 

Incident Reports or Internal Hospital Documents

• Internal reports, if available, can provide insight into what the hospital or medical staff may have identified as mistakes or lapses in care. 

Witness Testimonies

• Testimonies from other healthcare providers, nurses, or staff who witnessed the events can support the malpractice claim. 
• Statements from family members or anyone who observed the effects of the malpractice can also be valuable. 

Documentation of Damages

• Evidence of the financial impact of the malpractice, such as medical bills, proof of lost wages, and costs of future care. 
• Documentation of non-economic damages, such as pain and suffering, can also strengthen your case. 

Photographs and Visual Evidence

• Photos of injuries, surgical sites, or physical conditions that directly resulted from the malpractice can be persuasive in illustrating harm. 

Medical Malpractice Representation Throughout New York & the Nation

• Queens County Medical Malpractice Litigation
  The borough of Queens is a large county containing many hospitals ready to serve patients. Unfortunately, the hospitals and doctors in Queens do not always have the best reputation. Medical negligence can cause many serious injuries. The attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman LLP have extensive experience in the field of medical malpractice and can help resolve/settle your case.
• Brooklyn Medical Malpractice Litigation
  Brooklyn is also a very large county with many diverse people and vibrant locations. Unfortunately, the hospitals and doctors in Brooklyn do not always have the best reputation. Our firm has an active medical negligence practice in Brooklyn. We are very familiar with the special judges who are assigned medical malpractice cases. We know how to move a case as quickly as possible to trial if the defendants are not offering fair settlements. Alternatively, we also know how to fast-track settlements by using judges, mediators and court settlement conferences in Brooklyn.

In addition to representing victims of medical malpractice in New York City, we fight for injured individuals and their families throughout the state and across the nation.

How a New York Medical Malpractice Attorney from Rheingold Giuffra Rufo Plotkin & Hellman LLP Can Help  

If you have been injured due to a healthcare provider’s negligence, you need a New York City medical malpractice lawyer with a strong track record of success. Our compassionate attorneys are highly experienced and have a record of setting cases or securing significant compensation for our clients.  

At Rheingold, Giuffra Rufo Plotkin & Hellman LLP, we have recovered more than $2 billion in settlements and verdicts for our clients. While most medical malpractice claims are settled, we will litigate your case if the insurance company fails to agree to a reasonable and fair settlement. Because we work on a contingency basis, you pay no fee unless you receive compensation for your injuries. Schedule a free, no-obligation consultation with a New York injury attorney today.