New York Medical Malpractice Lawyers
When we entrust our health to medical professionals, we expect the highest standard of care. Unfortunately, instances where medical negligence leads to harm are more common than we might think. If you or a loved one has suffered due to medical malpractice, you have the right to seek compensation for the damages incurred.
At Berkowitz & Weitz Law, P.C., we understand the devastating consequences of medical errors and are dedicated to holding negligent parties accountable. Our experienced medical malpractice attorneys possess a deep understanding of New York medical malpractice law and are committed to securing the maximum compensation you deserve.
Understanding Medical Malpractice
Medical malpractice occurs when a medical professional deviates from the accepted standard of care, resulting in injury or death to a patient. This deviation can occur in various ways, including:
- Misdiagnosis: Failure to correctly identify a medical condition, leading to delayed or inappropriate treatment.
- Surgical errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.
- Medication errors: Prescribing the wrong medication, administering an incorrect dosage, or failing to monitor for adverse reactions.
- Birth injuries: Negligence during pregnancy, labor, or delivery, causing harm to the newborn.
- Failure to obtain informed consent: Performing medical procedures without properly explaining the risks and benefits to the patient.
The Impact of Medical Malpractice
The consequences of medical malpractice can be life-altering, causing:
- Physical injuries: Permanent disabilities, chronic pain, and the need for ongoing medical care.
- Emotional distress: Anxiety, depression, and post-traumatic stress disorder.
- Financial hardship: Lost wages, medical bills, and the inability to work due to the injury.
- Wrongful death: In the most tragic cases, medical negligence can lead to the loss of a loved one.
Why Choose Berkowitz & Weitz Law, P.C. for Your Medical Malpractice Case?
Our team at Berkowitz & Weitz Law, P.C. is uniquely qualified to handle complex medical malpractice cases:
- Extensive Experience: Our attorneys possess a deep understanding of New York medical malpractice law and a proven track record of success in representing victims of medical negligence.
- Tenacious Advocacy: We are committed to aggressively pursuing the maximum compensation you deserve, whether through negotiation or litigation.
- Compassionate Support: We understand the emotional trauma associated with medical malpractice and provide empathetic guidance throughout the legal process.
- Meticulous Investigation: We work diligently to gather evidence, including medical records, expert testimonies, and witness statements, to build a strong case on your behalf.
- Contingency-Fee Basis: You won’t pay any legal fees unless we recover compensation for your damages.
Schedule a Free Consultation Today
If you suspect you have been the victim of medical malpractice, contact Berkowitz & Weitz Law, P.C. today. We offer a free consultation to discuss your case in detail and answer any questions you may have. Let us guide you through the legal process and fight for the compensation you deserve.
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Frequently Asked Questions
If I had signed a consent form before the incident, can I recover damages in a claim against my doctor?
Having signed a consent form before a medical procedure does not automatically absolve a doctor of liability. Even with a valid informed consent form, a doctor may still be held accountable if they exceed the scope of the consent during the procedure. In such cases, where it can be proven that an error was committed that goes beyond what was consented to, you may have grounds to recover damages in a claim against your doctor. The consent form itself can serve as evidence of what was agreed upon and help establish whether the procedure went beyond your level of understanding. Ultimately, the presence of a consent form does not necessarily prevent you from seeking compensation if it is shown that the doctor deviated from the agreed-upon terms of the procedure.
How do I know if I have a medical malpractice claim in New York?
To determine if you have a medical malpractice claim in New York, it is important to understand that not all medical injuries automatically qualify as malpractice. Each case is unique, and the determination of whether a medical professional’s actions constitute malpractice can be complex. If you suspect that you or a loved one has suffered harm due to medical negligence or error, seeking a free consultation with a personal injury lawyer in New York is recommended. During this consultation, you can discuss the specifics of your situation and explore your legal options regarding a potential medical malpractice claim.
Who is liable in a medical malpractice lawsuit?
In a medical malpractice lawsuit, the potential liable parties can include a range of healthcare professionals and entities such as hospitals, clinics, physicians (including specialists like anesthesiologists, radiologists, surgeons, and dentists), nurses, physician assistants, pharmacists, and urgent care providers. There may be cases where multiple parties could be held responsible for a patient’s injuries and resulting damages. It is crucial for a medical malpractice attorney to thoroughly investigate the circumstances of the case to identify all parties that could be at fault for the harm caused to the patient.
What damages can victims of medical malpractice in New York potentially recover?
Victims of medical malpractice in New York have the potential to recover various types of damages caused by careless mistakes made by medical professionals. These damages may include compensation for pain and suffering, both current and future, as well as for reduced earning capacity, past and future medical expenses, lost wages, physical therapy, funeral costs, reconstructive surgery, in-home rehabilitation, disabilities, changes in lifestyle, loss of consortium, mental anguish, and the loss of enjoyment of life.
Additional Resources:
New York State Bar Association: Medical Malpractice (https://nysba.org/committees/medical-malpractice-committee-trial-lawyers/)
American Medical Association: Medical Malpractice (https://www.ama-assn.org/)