Medical Malpractice Lawyer

What is Medical Malpractice in New York?

Medical malpractice in New York occurs when a healthcare provider or facility fails to meet the recognized standard of care, resulting in harm or injury to the patient. To establish a medical malpractice case, four key elements must be proven: duty of care, breach, injury, and damages.

The duty of care refers to the responsibility of the healthcare provider to provide treatment in accordance with the accepted medical standard. The breach occurs when the healthcare provider fails to meet this standard of care, which then causes injury to the patient. Finally, damages are the resulting harm or loss experienced by the patient due to the medical error.

The laws surrounding medical malpractice in New York are complex and often require the assistance of a skilled attorney to navigate. It is not uncommon for healthcare providers to deny negligence, making it necessary to enlist the help of medical experts to analyze the actions of the provider.

If you or a loved one has been the victim of medical malpractice, it is important to seek legal assistance to understand your rights and options. At Mesadieu Law Firm, our experienced medical malpractice attorneys can provide you with the guidance and support you need to pursue justice and compensation. Contact us today for a free consultation.

Contact us today at 844-3-RIGHT-BY-YOU (844) 374-4482 for a free case evaluation with one of our trusted medical malpractice lawyers.

Common Types of Medical Malpractice by Healthcare Professionals in New York

Most healthcare providers are dedicated to providing high-quality care to their patients, but sometimes mistakes happen. Medical malpractice occurs when a healthcare professional deviates from the recognized standard of care, resulting in harm or injury to a patient. In New York State, medical malpractice can be classified into two categories:

1. Error of commission – A medical provider causes harm to a patient due to negligence.
2. Error of omission – A medical professional fails to provide the required medical care needed for their patient.

If you have been injured because of medical malpractice, you may be able to file a claim or lawsuit against the healthcare professional or institution responsible. There are many types of medical malpractice that can result in personal injury.

Some examples of medical malpractice include the following:

• Misdiagnosis or failure to diagnose a medical condition
• Negligence in the emergency room
• Failure to perform surgery or negligence during surgery
• Prescription errors, including prescribing the wrong medication or incorrect dosage
• Neglecting to perform required tests
• Mismanagement of a patient’s care or treatment
• Birth injuries caused by negligence during prenatal, delivery, or postnatal care
• Performing an unnecessary or incorrect surgery
• Failure to administer anesthesia properly
• Miscommunication between medical staff and the patient

Regardless of the cause, medical malpractice can have a significant impact on a person’s life. If you have been a victim of medical malpractice, it is important to seek legal advice to help you understand your rights and options.

Our law firm can assist you in navigating the complex legal process of a medical malpractice claim. We have a team of experienced attorneys who will work tirelessly to ensure that you receive the compensation you deserve. 

Contact us today at 844-3-RIGHT-BY-YOU (844) 374-4482 for a free case evaluation with one of our trusted medical malpractice lawyers.

Understanding the Damages Available to Victims of Medical Malpractice in New York

Medical malpractice occurs when a healthcare professional fails to provide the recognized standard of care, which can lead to serious injury or death of a patient. If you are a victim of medical malpractice in New York, you may be entitled to compensation for your damages.

There are different types of damages available to medical malpractice victims in New York, including economic and non-economic damages. Economic damages are actual monetary losses suffered by the victim, while non-economic damages are losses that are not easily quantifiable.

Economic damages can include the following:

1. Medical expenses: compensation for past, present, and future medical treatment resulting from the malpractice.
2. Lost wages: compensation for wages lost due to inability to work as a result of the malpractice.
3. Reduced earning capacity: compensation for future loss of income if the malpractice caused permanent disability or impairment.
4. Rehabilitation costs: compensation for the cost of rehabilitation services such as physical therapy, speech therapy, or occupational therapy.

Non-economic damages can include the following:

1. Pain and suffering: compensation for the physical and emotional pain caused by the malpractice.
2. Loss of enjoyment of life: compensation for the loss of ability to enjoy life as a result of the malpractice.
3. Emotional distress: compensation for psychological harm caused by the malpractice.
4. Loss of consortium: compensation for the loss of companionship, affection, and intimacy caused by the malpractice.

It’s important to note that there is a cap on non-economic damages in New York for medical malpractice cases.  However, this cap does not apply to economic damages, which means victims can still receive full compensation for their economic losses.

If you or a loved one has been a victim of medical malpractice in New York, it is important to seek legal representation from an experienced medical malpractice attorney. They can help you understand your legal options and fight for the compensation you deserve.

Our New York medical malpractice lawyers are committed to advocating for the rights of our clients. We have the necessary resources and experience to build a strong medical malpractice case for you, ensuring that we have your best interests in mind every step of the way. We work on a contingency fee basis, which means that you won’t pay any fees unless we win your medical malpractice case.

Don’t hesitate to contact us by phone at 844-3-RIGHT-BY-YOU or by email to schedule a free case evaluation with our legal team. We will evaluate the circumstances of your case and provide you with an honest assessment of your legal options. Our goal is to help you obtain the compensation you deserve for the harm you have suffered due to medical malpractice.