NYC Medical Malpractice Lawyers | New York Medical Malpractice Lawyers

Medical malpractice happens when a patient is harm by a healthcare professional. The healthcare professional may be a doctor, nurse or hospital. A patient is harmed when the healthcare professional fails to competently perform their medical duties.

If you have been injured or your loved one died because of a medical professional’s negligence, contact us. We specialize in getting the money you need to compensate you for your injuries or loss.

What are New York Medical Malpractice Laws?

According to New York State law, a plaintiff has two years and six months from the date of the injury to sue the medical professional. The only exception is if a plaintiff injury involved a foreign object. This typically happens when a surgeon leaves a surgical instrument in a patient during surgery. With this type of harm, a plaintiff is allowed to sue within one year of discovering the injury.

The state doesn’t limit the amount of damages a plaintiff can received from being harmed by a healthcare professional. It also doesn’t limit the number of defendants in a medical malpractice lawsuit. In New York, defendants are jointly and severally liable for harming a patient. Joint and severally liable means a plaintiff can win a money judgment against one defendant and collect the money from another defendant. It is up to the defendant who paid the judgment to collect from the other defendants.

An example of this is if a plaintiff sues the practicing doctor and hospital for their injury. The plaintiff wins. They can collect the full amount from the doctor. It’s up to the doctor to sue the hospital to obtain part or all of the money paid to the plaintiff.

It’s important to stress that this is modified joint and severally liability law. A plaintiff can obtain joint and several liability for economic damages. They only have a right to seek noneconomic damages from multiple defendants if their fault is 50 percent or less.

Economic damages, or compensatory damages, are damages that can be proven through documentation such as:
• Medical bills
• Lost wages
• Funeral expenses

Noneconomic damages are damages which can’t be prove through documentation such as pain and suffering or emotional loss of a loved one.

Punitive damages are available in certain cases under New York law. Punitive damages are used to punish the defendant for the harmed caused to a plaintiff. To obtain punitive damages, an attorney must show the medical professional acted with malice, recklessness or fraud when committing malpractice.

You or your loved one sought medical attention because you wanted to get better, not worse. You don’t have to suffer because of an injury you didn’t cause. Contact us right away. You have the right to the economic, noneconomic and possibly punitive damages you or your loved one deserves.

How We Use the Law to Prove Your Medical Malpractice Claim

Not all injuries suffered by patients are medical malpractice claims. In fact, medical malpractice laws were created with guidelines to show how to prove harm occurred. This is different from other segments of the law such as criminal law. Criminal law has specific rules, or elements, a prosecutor must use to prove a person’s guilt.

To prove fault, a plaintiff’s attorney must show four things:
• A patient-doctor relationship existed between the plaintiff and defendant
• The defendant was negligent when causing harm
• The defendant’s negligence caused the plaintiff’s injury
• The injury caused specific damages

Patient-doctor Relationship Existed between the Plaintiff and Defendant

A patient-doctor relationship means a plaintiff hired the healthcare professional and they agreed to be hired. For instance, a doctor may give a person medical advice while waiting in a fast food restaurant line. If that person takes that advice and incurs an injury, they can’t sue. There was no patient-doctor relationship. Of course, the “doctor” in a patient-doctor relationship can be anyone from a surgeon to a hospital.

The Defendant was Negligent

Medical malpractice occurs when a healthcare provider violates, or breaches, the standard of care. Every hired medical professional has a duty to provide a standard of care a competent medical provider would in the same or similar circumstances. This means they don’t have to provide a patient with the best care or the type of treatment the patient wants. The provider just has to provide competent care. If they don’t, they have breached the standard care duty and deemed negligent.

The Defendant’s Negligence caused the Injury

Showing a defendant caused the plaintiff’s injury is difficult to prove because it starts off in the defendant’s favor. Majority of patients being treated are already sick or injured when they are treated by a medical malpractice defendant. So an attorney must have a medical expert show how the defendant’s substandard care caused the plaintiff’s injury.

The Injury Caused Specific Damages

All injuries don’t led to damages like economic, noneconomic or punitive damages. A plaintiff’s attorney must show what damages they incurred such as:
• Mental anguish
• Physical pain
• Lost earnings
• Lost work

Once damages are proven, a plaintiff is typically awarded money. The amount of money depends on many factors such as the type of injury and economic losses.

When a healthcare provider fails to give you or your loved one standard care, it could be medical malpractice. If you or your loved one was injured because of a medical provider’s negligence, contact us. If you simply have a question about a potential medical malpractice claim, let us know. We’re ready to help you get the justice you deserve for suffering an injury.

Types of Medical Malpractice Claims

The term “medical malpractice” has been used a lot to discuss a person’s right to seek compensation for a medical injury. However, it’s a broad term that includes many types of medical injuries that can occur to a patient such as:
• Improper treatment
• Failure to diagnose
• Failure to warn patient of known risks
• Prescription errors
• Erbs palsy
• Misdiagnosis
• Nursing home abuse
• HIV, hepatitis exposure
• Anesthesia mistakes
• ER-Hospital Negligence

We Will Fight for You and Your Loved One

You’ve been injured by a healthcare professional. You did nothing wrong. You or your loved one don’t have to suffer in pain of substandard medical care. We’re here for you. Contact us immediately if you or your loved one was injured by a medical professional.

Free Consultation

Testimonials

As a former New York Giant linebacker, I appreciate toughness, undivided loyalty and passion. That is why I am giving Jeffrey Brown and his winning team at Leeds Brown Law the highest recommendation possible. I am convinced that no other law firm could have produced the same home run result...

~Jessie Armstead

Former Ny Giant Linebacker
I highly recommend the legal services of Leeds Brown Law, and partner Jeffrey K. Brown. They achieve successful outcomes by leveraging their legal knowledge with a vast network of technical resources and professional support. What sets this firm apart is their intuitive negotiating skills and ability to care for the well being of their clients. Jeffrey Brown has delivered outstanding...

~John Moore

I am a single mother of three, a victim of sexual harassment and dismissal from my employer.... Leeds Brown Law provided outstanding representation in settling my claim. Jeff Brown made me feel comfortable right away and was clear about my rights.... I am very pleased with the end result and would highly recommend Jeff Brown as an NYC employment lawyer.

~M.K.

Discrimination Case

$19 Million

Settlement Secured in a National Origin
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

LONG ISLAND

One Old Country Road, Suite 347 Carle Place, NY 11514

516-253-2386

get directions

DOWNTOWN

40 Broad Street, 7th Floor New York, NY 10004

212-427-5620

get directions

NEW DOWNTOWN

101 Greenwich Street, 22nd Floor New York, NY 10006

866-728-5015

get directions