We all expect doctors, nurses, and healthcare providers to provide competent care. When we need help the most, we have no choice but to trust that they will provide the quality care we need. When you’re hurt because a medical professional violated their professional duty, you have the right to pursue financial compensation to hold them responsible.
If you suspect you were harmed because of medical negligence, call an experienced NYC medical malpractice lawyer today. Our attorneys at Rosenbaum & Rosenbaum, P.C. have over 40 years of experience and know what it takes to succeed. We have a reputation for going above and beyond in our fight to get you the money you need.
We review your case for free and there is no obligation to hire us, so don’t hesitate to call to learn more about your legal rights.
Why it’s Important to Hire an Experienced NYC Medical Malpractice Lawyer
Medical malpractice cases are often more complicated than traditional personal injury cases. Doctors, nurses and other healthcare professionals undergo specialized training and must satisfy state licensing requirements designed to ensure they’re qualified to treat your illnesses and injuries. But even the most highly trained doctor can’t prevent all bad outcomes.
Because of this, special rules apply. New York laws tend to be geared toward protecting doctors and hospitals—by preventing “frivolous” lawsuits for damages. However, when you have suffered genuine harm because of a doctor’s mistake, it’s important to hold them accountable.
At Rosenbaum & Rosenbaum, P.C., our experienced NYC personal injury lawyers will handle every detail of your case. We will:
- Investigate to find out what caused your injury or illness
- Locate and analyze all of your medical records, including notes made by your medical team
- Hire medical experts to give testimony about the doctor’s mistake and whether that mistake was unreasonable under the circumstances
- Ensure that the detailed procedural and paperwork requirements in a NYC medical malpractice case are satisfied
- Work with financial and medical experts to demand a fair compensation award from the insurance companies
- Provide a buffer between you and the insurance companies and defense lawyers who might try to scare you into settling for less than you deserve
- Advocate to safeguard your rights at trial if necessary
At Rosenbaum & Rosenbaum, P.C., you are more than just a number on a file. Our injury attorneys handle your case personally and take the time to get to know you. We have a reputation for going above and beyond in our fight to get you the money you need.
Our Trusted Medical Malpractice Attorneys Have a Proven Track Record of Getting Fair Compensation for Injured Clients
At Rosenbaum & Rosenbaum, P.C., we keep our law firm small by design. We are proud to offer the personal attention and dedication of a smaller firm—in addition to our proven track record of getting big-firm financial results for our clients.
In fact, our firm was built upon the satisfaction of our clients. Getting fair verdicts and settlements for clients harmed because of someone else’s mistake is our number one goal.
Examples of our recent case results include:
- $1.5 million recovered in a medical malpractice case involving negligence in post-surgical care
- $1.3 million recovered in a medical malpractice case involving a doctor’s failure to properly diagnose the patient’s illness
- $1.1 million recovered in a medical malpractice case involving a doctor’s failure to diagnose a child’s injury
- $1 million recovered in a medical malpractice case involving negligent emergency room care
No two cases are exactly the same—and no lawyer can ever promise a certain result in your case. Our New York medical malpractice lawyers can promise that we will do everything we can to get the fair compensation you need.
Legal Standard for Establishing Medical Malpractice
In a typical negligence case, the four elements that your lawyer must prove are (1) duty of care, (2) breach, (3) causation and (4) damages. While this basic standard is useful in typical injury cases, doctors and healthcare providers are held to a different standard.
To prove medical negligence, an experienced attorney will work with medical experts to establish the “medical standard of care.” This standard is different from a simple requirement that everyone act carefully to keep others safe. The medical standard of care can vary depending upon the circumstances, considering factors such as:
- The patient’s age
- Medical history
- The nature of the illness or injury
Medical malpractice occurs when a doctor provides care that deviates from the level of care that a reasonable doctor would have delivered under the circumstances. If a reasonable doctor would have treated you differently, you may have a valid claim for medical negligence.
You must also prove that the negligent treatment caused you to suffer some type of harm (damages) – perhaps because your condition got worse – in a way that would not have happened if your treatment was proper.
Examples of Circumstances That Could Amount to Medical Malpractice
As noted, not every mistake made by a doctor or nurse gives you the right to sue for malpractice.
A valid claim for medical malpractice could arise because your doctor or healthcare provider made a serious mistake that another would not have made. Examples of potentially actionable malpractice include that our lawyers have experience handling include:
- Failure to diagnose the patient (whether because of failure to run the right tests, failure to recognize the symptoms or even failure to correctly interpret test results)
- Prescription drug errors, including prescribing the wrong drug, the wrong dosage or the wrong method of administering the drug
- Emergency room errors
- Surgical errors
- Operating on the wrong body part
- Failure to obtain a full patient history
- Anesthesia errors
- Hospital negligence
- Failure to diagnose cancer
- Birth injuries
- Failure to obtain a patient’s informed consent
- Use of defective medical products
- And more
Victims of medical malpractice are often unsure about what happened. It’s common to merely suspect that something went wrong. In other cases, your doctor or nurse might have apologized for a mistake.
Our injury lawyers in New York have the resources to investigate your claim. When you hire us, you can rest assured that we will not back down until we’ve done everything in our power to get justice for you.
Who Can be Held Accountable for Medical Negligence?
People often speak of medical malpractice in terms of doctor negligence. In reality, any healthcare provider can be held liable for negligence. Parties that may be responsible under New York state laws include:
- Nursing homes
- Medical facilities
- Specialists, such as cardiologists, gynecologists, obstetricians and neurologists
- Physician assistants
In some cases, more than one party can be responsible for the malpractice. For example, hospitals are legally required to make sure the doctors and nurses they hire are reasonably competent to perform their job function.
Statute of Limitations on Filing a Medical Malpractice Claim
It’s always important to act quickly and hire an injury lawyer as soon as you can. New York law provides a set time period during which you can file a claim for compensation.
The statute of limitations for filing a medical malpractice claim is 2.5 years (30 months). The clock begins to run on the date that the medical mistake happened. If you continue to see your doctor after the mistake and they make mistakes during that ongoing treatment, you have 2.5 years from the date of the last appointment.
Something called the “discovery rule” can give you additional time to file a claim in situations where you did not know about the doctor’s mistake. The New York discovery rule applies as follows:
Foreign objects. If the claim is based on a surgeon leaving a foreign object in your body, you have one year from the date you knew or reasonably should have discovered the mistake.
Cancer. If the case is based on failure to diagnose cancer, you have 2.5 years from the date of discovering the mistake. However, the claim must be filed no later than 7 years after the mistake (or after a continuous course of treatment ended).
Damages Available for Medical Negligence Victims
We all know how important it is to get quality medical treatment as soon as possible when sick or injured. Negligent medical treatment jeopardizes your most important asset—your health. Your doctor’s careless acts or omissions can be expensive and emotionally traumatizing.
At Rosenbaum & Rosenbaum, P.C., we fight to get the fair compensation you need to move forward. That compensation should include:
- All current and future medical bills related to the harm caused by your doctor’s negligence
- Any costs related to treating your worsened condition, including in-home care, home modifications, medical devices and physical therapy
- Lost wages and income
- Loss of your future earning capacity
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
- Compensation for wrongful death if you lost a loved one due to medical negligence
Money can never truly compensate for the loss of good health. It can provide a way to protect yourself going forward. To learn more about your rights, call today for a free consultation.
Call an Experienced New York City Medical Malpractice Lawyer Today
Realizing that a trusted healthcare provider has made a medical error that has harmed your health can be overwhelming and traumatic. An experienced NYC medical malpractice lawyer can fight to get the financial help you need.
At Rosenbaum & Rosenbaum, P.C., we work closely with patients and their families who were harmed by medical negligence across NYC. Call us today to schedule a free case review with a medical malpractice attorney.