Most medical care is good care. Malpractice is different. It happens when a doctor, nurse, or hospital fails to follow accepted medical standards and a patient is harmed because of it.
A bad outcome alone is not malpractice. We review the records with qualified physicians to find out what happened and whether it should have been prevented.
Types of Malpractice
- Failure to diagnose or delayed diagnosis, including cancer, stroke, and heart attack
- Surgical errors and objects left inside the body
- Birth injuries to mother or child
- Medication and anesthesia errors
- Emergency room errors and premature discharge
- Failure to treat infection or sepsis
- Hospital and nursing home neglect
Types of Medical Malpractice Cases
How We Evaluate a Case
- We obtain the complete medical records.
- A physician in the right field reviews the care.
- We tell you plainly whether there is a case and why.
New York requires a lawyer to consult a physician before filing a malpractice lawsuit. We do that in every case.
What You Can Recover
- The cost of corrective and future medical care
- Lost wages and loss of future earning ability
- Pain and suffering
- In death cases, the financial losses to the family
Deadlines
Malpractice deadlines are shorter than other injury cases. The lawsuit generally must be filed within two years and six months of the malpractice, or of the end of continuous treatment for the same condition.
There are limited exceptions. If a foreign object was left in the body, the deadline is generally one year from when it was or should have been discovered. If a doctor failed to diagnose cancer, the time generally runs from when the patient knew or should have known of the error, with an outer limit of seven years.
Claims against a public hospital have shorter deadlines and their own notice requirements. Every case is different, and the rules that apply depend on the facts, the parties, and the insurance involved. Once we discuss your claim and complete the necessary research, our office will confirm which deadlines and coverage apply to you.
Common Questions
How do I know if I have a case?
You usually cannot tell without a records review. If something went wrong and no one gave you a straight answer, call us.
Can I get my own medical records?
Yes. Patients have a right to their records. We can request them for you.
The consent form listed risks. Did I sign away my rights?
No. A consent form does not excuse care that falls below accepted medical standards.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.