How a Medical Malpractice Lawyer Can Help With Your Case
Medical malpractice claims are among the most complex to pursue.
It’s best to hire an experienced New York medical malpractice lawyer who can:
- Determine Liability – Determining liability is essential in medical malpractice cases. This allows you to name all responsible parties and maximize your potential compensation for medical malpractice. During the discovery phase of the medical malpractice lawsuit, your attorney can take depositions, send written requests for the production of documents and request your medical records. The legal team’s aim is to identify who should be held responsible for your medical malpractice injuries.
- Consult With An Expert – Without an expert to review your medical malpractice case, it will be nearly impossible to secure a favorable settlement or verdict. At Finz & Finz, P.C., our medical malpractice attorneys have the experience, reputation, and resources to enlist the world’s top medical experts. They will review your medical malpractice case, work with us to determine the best strategy for your medical malpractice case, and ultimately testify at trial on your behalf.
- Competently Litigate Your Case – In New York, it’s essential that you hire an experienced medical malpractice attorney to fight on your behalf. With decades of experience, the legal team at Finz & Finz, P.C., understands medical malpractice law. Our team members have even taught medical malpractice law to judges throughout the country. We have the resources necessary to successfully litigate these cases, and we can confidently take your medical malpractice case to trial if needed.
Why Choose NYC Medical Malpractice Attorneys at Finz & Finz, P.C.?
The experienced legal team at Finz & Finz, P.C. in New York has been fighting on behalf of medical malpractice victims for decades.
Choose our highly rated personal injury firm to handle your New York medical malpractice case. Here’s why:
- A Proven Track Record – Our long track record of medical malpractice success includes multi-million-dollar verdicts and settlements for victims of negligence.
- An Aggressive Legal Strategy – We understand the unique challenges that victims of medical negligence face. You probably have ongoing medical care. You may have had to take time off from work. We understand your problems after suffering medical malpractice. We are committed to maximizing your potential compensation. Not only that, but we never settle for less than you deserve for your medical malpractice injuries.
- Decades of Experience – For more than 35 years, our New York medical malpractice lawyers have successfully helped our clients. We have held doctors and other healthcare professionals accountable for their negligence. Our team of accomplished medical malpractice lawyers includes four former judges and other highly esteemed legal professionals.
- Special Focus on Medical Malpractice – We concentrate exclusively on personal injury and medical malpractice claims. Our medical malpractice firm is uniquely qualified to handle even the most complex cases. We also partner with some of the world’s top experts to consult on issues of medical malpractice liability.
- An Understanding Team – We know that litigation can be a difficult process for the average person. When filing medical malpractice lawsuits, you need an aggressive legal strategy. You also need an understanding legal team. From our support staff to our lawyers, Finz & Finz, P.C., provides personalized service you can count on during your medical malpractice case.
What Do You Have to Prove in a Medical Malpractice Lawsuit in New York?
The plaintiff, who is the person filing the medical malpractice lawsuit, has the burden of proof. It’s up to the plaintiff to prove that the defendant – a doctor or another healthcare professional – was negligent.
For the plaintiff to successfully settle a medical malpractice case or reach a favorable verdict, several factors must be considered:
- Standard of Care – The standard of care is the basic guideline that a prudent medical professional should follow in any given situation precisely to avoid medical malpractice. To identify the acceptable standard, testimony from a relevant medical expert is needed. For instance, in a medical malpractice case involving a delayed diagnosis in an emergency room visit, an expert ER doctor might be retained to consult on the case.
- Causation – After establishing the standard of care, the plaintiff must prove that the defendant breached the standard of care and caused the plaintiff’s injuries. In medical malpractice complex cases, multiple experts in various fields of medicine might be needed.
- Damages – Once a plaintiff successfully proves the defendant caused the medical malpractice injuries, the extent of injuries must be established. “Damages” is a legal term referring to any physical, monetary, or emotional harm the plaintiff suffered. Damages can include lost wages, medical costs, hospital bills, pain and suffering and other expenses.
Who Can Be Held Responsible for Medical Malpractice in New York?
Some medical malpractice lawsuits have one defendant. Other cases have many defendants. The number of defendants depends on how the negligence occurred and who was involved. Your medical malpractice lawyer will be the best person to determine the negligent party and pursue compensation.
Negligent parties in a medical malpractice claim in New York may include:
- Hospitals, if the negligence was caused by improper training, understaffing, inadequate facilities, or another responsibility of the hospital
- Nurses and other healthcare professionals
- Physicians’ assistants
- Manufacturers, if the negligence was caused by faulty surgical instruments, defective medical equipment, or harmful medication
At Finz & Finz, P.C., we will fully review your medical malpractice case and determine who the at-fault parties may be. To learn more, contact us now to schedule a free consultation with a New York medical malpractice lawyer.
Compensation Available in NY Medical Malpractice Cases
Under New York medical malpractice law, you may be entitled to compensation for general damages, special damages, and in rare cases, punitive damages:
- General Damages – Compensation for general damages is designed to put a monetary value on your pain and suffering, emotional distress, and any other psychological suffering related to medical negligence.
- Special Damages – Have your medical malpractice injuries caused frequent hospitalizations? Have you lost income because you were forced to take time off from work? These are all examples of special damages, which are any out-of-pocket losses you’ve incurred or will incur in the future. With compensation for special damages, the goal is to recoup any financial strain caused by medical negligence.
- Punitive Damages – In rare medical malpractice claims, a court may award additional compensation for punitive damages. This type of compensation is only awarded if the medical professional’s negligent behavior was malicious, intentional, or particularly egregious.
During your free case evaluation at Finz & Finz, P.C., we can give you a better idea of the compensation you may be entitled to and that you deserve for your medical malpractice case. Contact us now to schedule a free consultation with one of our New York medical malpractice lawyers.
New York Statute of Limitations on Medical Malpractice
The statute of limitations is a law that determines the deadline for filing a medical malpractice lawsuit. In the state of New York, the deadline to file a medical malpractice lawsuit is typically 30 months – or two-and-one-half years – from the date of the medical mistake or error. If the medical negligence caused death, then the patient’s family must file a lawsuit within two years of the date of death.
Some exceptions exist for this rule. If the negligence involved leaving a foreign object in the body, the deadline is extended. For instance, if an infection was caused by a surgical sponge inadvertently left in your body, the deadline would be extended. The actual deadline would be one year from the date you discovered the negligence.
Other considerations may also affect the deadline for medical malpractice claims. If you are aware of the negligence, but you’re still undergoing treatment by the allegedly negligent doctor, the “clock” would run as soon as you stop treatment. This provision – known as the “Continuous Treatment Doctrine” – protects an active patient-doctor relationship so that treatment is not adversely affected.
As you can see, the NY statute of limitations for medical malpractice is very complex. If you’re considering filing a lawsuit or medical malpractice claim, speak with an experienced New York medical malpractice lawyer right away.
To learn more at a free consultation, contact Finz & Finz, P.C., now. Our New York medical malpractice lawyers will review your case and determine the deadline for your particular circumstances.