When people put their health in the hands of a medical professional, they do so expecting that they will be treated with a certain level of care. Unfortunately, however, this is not always the case, causing New Yorkers subjected to medical malpractice, to suffer significant harm, both physical and emotional, as a result.
In fact, according to the New York City Office of the Comptroller, medical malpractice claims accounted for approximately $60.3 million in settlements and judgments in 2022 against NYC Health and Hospital Corporations alone.
If you have suffered damages due to the wrongful or negligent actions of a medical provider or facility in New York, you may have a legal claim for relief. Use the guide below to learn more about medical malpractice claims in New York and see how medical malpractice lawyer Steve Newman can help you move forward today.
Steve Newman: Your Trusted NYC Medical Malpractice Attorney
Medical malpractice claims can be legally complex and emotionally draining. However, it’s important to remember that you don’t have to navigate the claims process on your own.
When you hire the Law Offices of Steve Newman you can rest easier knowing your case will be prosecuted at the highest level of professional knowledge and expertise. You can trust the Law Offices of Steve Newman with your New York medical malpractice case:
- The Law Offices of Steve Newman’s practice is solely devoted to litigating medical malpractice claims;
- Attorney Steve Newman has more than 30 years of experience handling cases for clients in New York and nationwide;
- The Law Offices of Steve Newman utilizes an extensive network of board certified physicians providing valuable insight in analyzing and consequently determining whether medical malpractice has occurred in a given case;
- The Law Offices of Steve Newman litigates medical malpractice cases on a contingency basis, meaning you will only pay a legal fee if and when a settlement or verdict is obtained in your favor.
Not ready to hire an attorney for your case just yet? Keep reading to learn more about medical malpractice claims as you decide whether you should retain the Law Offices of Steve Newman to prosecute your medical malpractice claim.
NYC Medical Malpractice Overview
Sustaining injuries at the hands of a medical provider can turn your world upside down. However, a medical malpractice claim can get you the compensation you need and deserve.
What Is Medical Malpractice?
Medical malpractice refers to a type of legal claim that arises out of the negligence or misconduct of a healthcare professional or provider resulting in injury to a patient. A medical malpractice claim is a type of negligence claim, meaning the injury victim must be able to prove four elements to prevail:
- Duty. The healthcare provider owes a legal duty to the patient. The healthcare provider is held to a particular standard of care based on his/her medical area of expertise that is generally recognized and accepted within the medical community.
- Breach. The patient’s legal burden involves proving the healthcare provider breached his/her legal duty by failing to follow the accepted standard of care in providing their medical services.
- Causation. The healthcare provider’s breach caused harm to the patient as a result.
- Damages. The patient suffered actual harm (damages).
Common examples of medical malpractice include improper treatment, prescription errors, surgical mistakes, and misdiagnosis or failure to diagnose entirely.
Medical malpractice can arise in a variety of scenarios. If you have questions about whether the medical care you received constitutes medical malpractice call the Law Offices of Steve Newman’s 800 number to discuss your potential case today.
Who May Be Responsible in a Medical Malpractice Lawsuit
Notably, in a medical malpractice lawsuit there are a variety of parties, including both individuals and entities, who may be held responsible. Examples of parties who may be held accountable in a New York State medical malpractice case include:
- Physicians,
- Nurses,
- Surgeons,
- Anesthesiologists,
- Pharmacists,
- Hospitals and healthcare facilities,
- Nursing homes.
No matter the circumstances, if you sustained damages due to misconduct or negligence in the course of your medical care you may have a valid medical malpractice claim to pursue.
Recoverable Damages
While nothing can undo the harm you’ve suffered, a medical malpractice lawsuit has the potential to provide you with monetary compensation that can be invaluable to your pathway to recovery. Recoverable damages in a New York State medical malpractice lawsuit commonly include compensation for:
- Past and future medical expenses arising out of your injuries,
- Lost wages for income lost during your recovery period,
- Loss of future earning capacity if your injuries have negatively impacted your ability to earn income,
- Rehabilitation costs,
- Disfigurement, and
- Pain and suffering caused by the malpractice.
If you have suffered the above listed injuries or economic damages contact the Law Offices of Steve Newman.
The Law Offices of Steve Newman utilizes an extensive network of board certified physicians to analyze whether medical malpractice occurred.
Medical malpractice cases are litigated on a contingency basis. The client only pays a legal fee if and when the case is settled or a verdict obtained.
13 Questions to Ask When Hiring a New York Medical Malpractice Lawyer
Every year, many people are injured or die due to medical malpractice. Hiring a medical malpractice attorney is necessary when considering filing a claim if you or someone you love has been the victim of medical malpractice. However, knowing what questions to ask when hiring a medical malpractice lawyer is essential.
Medical malpractice claims are often complex and challenging and require expert medical testimony. Winning a medical malpractice claim is complex, and having the best lawyer with experience in malpractice lawsuits is one of the critical components.
There are many attorneys to choose from, and knowing what questions to ask will help you decide, help ensure your rights are protected and receive the compensation you deserve. When interviewing medical malpractice lawyers, several questions below are essential for you to include.
1. What Type of Experience Do You Have With Cases Similar to Mine?
This is likely the most crucial question. You want to hire a medical malpractice lawyer with a lot of experience to represent you, saving you time and improving your chances of receiving financial compensation for your injuries.
If your attorney indicates they have experience, asking further questions to ensure it is true is essential. Examples of follow-up questions include, “When were the cases tried?” and “What were the results?” The attorney needs to have a deep understanding of the subject matter.
2. Do You Have Previous Experience in the Courtroom?
Should your lawsuit go to trial, your medical malpractice attorney must be well-versed in courtroom etiquette and be able to present your case favorably to the judge and jury.
It is beneficial if your attorney has previous dealings with the other attorneys and judges who most likely would be involved in your case. Courtroom experience is a vital skill set for your attorney and necessary for them to evaluate your case and provide you with the best advice.
3. What Were the Results of Your Previous Medical Malpractice Cases?
You want an attorney with a reasonable success rate with medical malpractice lawsuits, so make sure you ask them for references and outcomes regarding their past cases, including if they have ever won any significant financial rewards for their clients.
4. Is There a Statute of Limitations or Other Time Limits in My Case?
One of the main influencing factors in all medical malpractice lawsuits is that you must bring your claim within a specific period from when your injury occurred or was first discovered. Depending upon your state, the statute of limitations may differ.
Even the strongest cases won’t be able to be pursued if you miss your window to take action. An experienced medical malpractice attorney can help advise you on the time limits you need to be aware of and help you file your case in a timely manner.
5. Have You Ever Been Sanctioned for Attorney Misconduct?
You should ask your attorney to ensure they are in good standing and have a good reputation regarding their conduct. This information can also be found on your state’s licensing authority website. Should an attorney have past accusations, ask them to clarify the circumstances that led to the allegations and the outcome.
6. Do You Have Any Conflicts of Interest?
Malpractice lawyers are under obligation to identify and acknowledge any conflict of interest. An example of this would be if the attorney regularly represented the hospital you are about to file a medical malpractice lawsuit against.
7. Do You Have the Necessary Resources to Prosecute My Case Successfully?
Medical malpractice cases require a significant amount of resources to win. You want to ensure that the attorney you are interviewing has access to necessary resources, such as medical investigators and expert witnesses for your case. Ask how many people will be actively involved in your case and consider looking elsewhere for an attorney if they don’t have the necessary resources.
8. What Is Your Legal Fee?
Everyone wants the best legal representation they can afford. It is crucial to be sure that the legal fees of the attorney you are considering fit into your budget before you begin working with them. Along with asking about legal fees, find out how they will charge for their services, and how you will share the compensation.
9. How Will We Communicate?
Make sure you establish how you and your attorney will communicate in the beginning. While some prefer email, others prefer to speak over the phone or via video. There’s no right or wrong answer, and you must also consider your preferences. Either way, it is best to know how to contact your medical malpractice lawyer should any issues or questions arise.
10. How Often Will I Hear From You?
Clear communication is vital. Whether you prefer to hear from your attorney daily or just a periodic check, the most crucial part is that you are satisfied with your medical malpractice attorney’s practices and know what to expect going into the representation.
11. What Do You Need From Me?
When you find the attorney that is best suited for you and your case, you will need to sign a retainer agreement and find out what else they need from you. You will need to assist your medical malpractice attorney in obtaining your medical records and find out when you need to be available for meetings. Knowing what your attorney will need from you to have the best chance for success.
12. Should I Talk to the Insurance Company of the Liable Medical Professional?
You may find that the insurance company responsible for the liable party will ask for a recorded statement from you. Before you agree, it is essential to speak with your attorney. You can ask your attorney to be responsible for discussions with the insurance provider on your behalf and advice on handling any situation.
13. What Is the Most Likely Outcome of My Case?
No attorney should guarantee a specific outcome for your medical malpractice lawsuit. However, many experienced medical malpractice attorneys may be able to give you an idea of what the most likely resolution will be for your case and what to know before you file a medical malpractice lawsuit.