Bronx Medical Malpractice Lawyer
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When a medical or health care professional provides a treatment that does not meet the standard of care, it can cause injury to a patient. Negligence can happen during surgical or non-surgical medical procedures, ongoing treatment, rehabilitation, and during a period of health management. Any time a medical professional causes their patient harm through willful negligence, they’re engaging in medical malpractice. Patients suffering from medical malpractice injuries face many physical, financial, and emotional challenges. Injured patients can sue for damages and ask for compensation to cover the losses resulting from medical malpractice.
The medical malpractice laws of New York State are complex and highly technical. These laws demand a high standard of proof, requiring evidence that a physician or medical provider injured the plaintiff by failing to follow standard medical practice for a procedure. Delivering that proof is not an easy process. The medical malpractice lawyers at Meirowitz & Wasserberg will confidently gather the evidence needed to meet the standard of proof. Our team of medical malpractice attorneys handles many complicated legal processes and can guide you in determining the strength of your claim.
How does New York law define medical malpractice?
New York law defines medical malpractice as professional negligence. In the 1898 case of Pike v. Honsinger, 155 N.Y. 201, 49 N.E. 760, the Court of Appeals of New York decided on the legal definition of medical malpractice. A professional health care provider should perform to accepted standards of medical practice. According to state law, when providers fail to perform or uphold these standards and intentionally cause harm to a patient, the court considers the act medical malpractice.
Common causes of medical malpractice in the Bronx
Medical malpractice in the Bronx can happen in any medical setting, from the emergency room to the surgical suite. Just about any medical procedure can result in patient injury, but the most common causes include:
- Birth injuries
- Infections acquired while in the hospital such as c.diff or MRSA
- Errors made while the patient was under anesthesia
- Errors administering the wrong medication or incorrect dosage
- Failure to diagnose a condition
- Nursing mistakes
- Surgical errors
- Defective medical devices
In 2020, injured patients filed a total of 392 medical malpractice claims in New York City. This number may seem low, considering the number of residents in the Bronx and the surrounding boroughs. However, the Coronavirus pandemic reduced the number of medical procedures performed that year. You should not hesitate to contact us for legal help if you feel you have suffered an injury at the hands of a careless medical professional.
Who can I sue for medical malpractice in the Bronx?
You can sue any licensed health care provider in the Bronx that acted negligently while tending to your medical care or needs. Health care providers include:
- Physical therapists
- Assisted living facilities
How do I prove my injury was due to medical malpractice?
Proving your injury is the result of medical malpractice can be difficult. You have to prove that the medical provider willingly or negligently acted to cause you harm. You will need to provide sufficient evidence showing that an intentional act performed by the provider caused your injury. The lawsuit process can involve medical experts reviewing your medical records and conducting a physical examination. Your lawyer must prove that your case meets the following criteria:
- There was a doctor-patient relationship in existence before the negligent action
- There was negligence of some type
- The negligence resulted in injury or death
- The injury resulted in damages
Your claim has to meet these four criteria to prove that you’re a victim of medical malpractice.
How much compensation can I receive in a medical malpractice lawsuit?
Lawyers determine the compensation amount based on several lawsuit factors. There is no single dollar amount assigned to each injury. Your lawyer will look at circumstances that led to your injury, the effect of the event on your quality of life, and the recovery time needed to return to normal, if possible. Other considerations influencing how much you can receive include:
- Type and extent of the injury
- Amount or level of negligence or intentional malpractice by the health care provider
- Medical expenses
- Loss of income
- Ability to earn money post-injury
- Lack of informed consent for treatment
These are some of the factors a lawyer considers when calculating the amount of money. The total should be just and fair, addressing the magnitude of your injuries. The types of compensation available for a medical malpractice case in New York consist of economic, non-economic, and punitive damages.
Economic damages are tangible financial losses you suffered after being injured. They include past and future earnings, past and future costs of medical care, and anything you’ll need to manage your life post-injury.
Non-economic damages are damages that don’t have a specific or tangible value but affect your ability to enjoy life or the companionship of someone who died due to medical malpractice. These damages include physical and emotional pain and suffering, loss of function, disfigurement, and the aggravation of a pre-existing condition.
Punitive damages can be asked for in a claim when the medical provider was criminally negligent. New York has no cap on how much you can recover in a medical malpractice case. You can ask for the maximum economic value of each factor listed above in your lawsuit.
How long do I have to sue for medical malpractice in New York?
New York has a set of laws known as the statute of limitations that limit how much time you have to file a lawsuit for medical malpractice. For most medical malpractice cases, you have two years and six months, or 30 months total, to file a lawsuit for damages. The exceptions to the statutes include:
The time doesn’t start until treatment is completed
The “clock” on the 30-month statute doesn’t start until a patient has completed a course of treatment. For example, a patient receiving a fixed amount of treatment for a condition discovers that they received a medical injury after treatment has finished. They have 30 months from the day their treatment ended to file suit.
Limited discovery pertains to cases where individuals leave a foreign object in the patient’s body after surgery or fail to diagnose cancer.
When a foreign object (sponge, gauze, clamps, etc.) is left in the body after surgery, a malpractice lawsuit may be filed within one year of the date the foreign object was discovered. Alternatively, the one-year clock begins on the date those involved learn the facts that led to the discovery of the foreign object.
A case where the medical professional failed to diagnose cancer starts the clock on the day of administering the final cancer treatment or the date the patient was informed or should have been informed about a medical error that caused their injuries.
The statute of limitations does not begin for minor children until they are 18. Once they reach their majority age, the 30-month rule applies.
You can’t file a lawsuit for medical malpractice if you fail to file within the 30-month period or under any of the exemptions.
What if my family member died due to the negligence of a health care professional in the Bronx?
The pain of losing a loved one to medical malpractice is immense, and you and your family do have the option to file a wrongful death lawsuit arising from medical malpractice. New York state law states that only the following family members can bring a wrongful death suit:
- Spouse of the decedent
- Parent of the decedent
- Child of the decedent
- Personal or court-appointed representative
Why should I hire the Bronx medical malpractice attorneys at Meirowitz & Wasserberg?
State laws regarding filing a medical malpractice claim are complex and require more work than the average personal injury case. You’re required to have proof of negligence and a written certificate of merit that states a lawyer has reviewed the case and feels that it has merit. The certificate also requires the lawyer to consult with a licensed physician who agrees there is reasonable cause for a lawsuit.
At Meirowitz & Wasserberg, we have experience with the filing requirements, determining if your injury is the result of medical malpractice, and starting the filing process if we feel you have a valid claim. We will fight hard on your behalf to get you the just compensation you deserve after suffering a medical injury.
Our past results show examples of what we have achieved on behalf of our clients. Some of our verdicts and settlements demonstrate these successes:
- $32,000,000 verdict for asbestos exposure
- $4,000,000 settlement for mesothelioma from asbestos exposure
- $1,200,000 settlement for asbestos lung cancer
- $675,000 settlement for products liability when an airbag failed to deploy
- $550,000 settlement for products and premises liability for a severed fingertip
Samuel Meirowitz and Daniel Wasserberg both enjoy reputations as driven attorneys who will do what it takes to get a fair and just settlement for their clients. We dedicate ourselves to bringing our clients the justice and compensation they deserve after receiving an injury through no fault of their own.
Get in touch with our medical malpractice attorneys at Meirowitz & Wasserberg today for a free confidential consultation. Our team of attorneys is ready to meet with you and discuss the details of your case.
332 E. 149th St., Suite 201
Bronx, NY 10451