Medical error is the third leading cause of death in America, behind only heart disease and cancer. Unfortunately, profit for insurance companies and others is too often put before patient safety.
When a healthcare provider fails to meet established standards of medical care, sadly, it is the patient who suffers most. This can mean losing basic freedoms like changing a shirt or walking to the mailbox; it can mean pain and suffering and, in certain cases, even death.
Whether due to the negligence of a doctor or the diagnostic error of a medical device, this failure on the part of the healthcare provider, termed medical malpractice, is unacceptable. It is also against the law.
This is why if you or a loved one has been harmed as a result of medical malpractice in NYC, it is incredibly important that you know your rights, as they can keep you and your family from losing the money and benefits you are entitled to.
Verdict In Malpractice Case
Verdict In Malpractice Case
Verdict In Malpractice Case
To better understand your rights, the experienced medical malpractice attorneys at Schwartzapfel® Lawyers are here to help. For more than thirty-five years, it has been our privilege to protect, fight, and win on behalf of thousands of New Yorkers.
So, if you are in need of legal assistance, or unsure about something as it pertains to medical malpractice, please don’t gamble with your future. Be proactive and prepare yourself.
Call Schwartzapfel® Lawyers at 1-800-966-4999 and speak with one of our expert medical malpractice lawyers today. It won’t cost you anything and may save you tomorrow.
For more on medical malpractice as well as practical steps you can take to protect yourself and your family, please continue reading.
EXAMPLES OF MEDICAL MALPRACTICE IN NYC
Medical malpractice can occur in any number of situations. Common scenarios include but are not limited to:
- Labor and delivery-related errors — These can result in Erb’s Palsy, birth asphyxia and trauma, and brain damage, among other medical conditions.
- Failure to diagnose and treat injuries or illnesses in a timely manner — Examples include all forms of cancer, heart attack, stroke, pulmonary embolism, etc.
- Anesthesia errors — These can be caused by delayed or improper administration, failed monitoring, etc.
- Surgical errors — These can result in partial or total paralysis (e.g. paraplegia, quadriplegia), among other conditions.
- Medication errors in-hospital or by prescription — These can result in existing conditions going untreated as well as new conditions appearing (e.g. allergic reactions), which can be fatal.
Included below are a few noteworthy statistics on the subject of medical malpractice:
- The FDA has received over 95,000 reports of medication errors since 2000.
- The CDC estimates that over 99,000 lives are claimed from healthcare-associated infections each year.
- The Journal of Patient Safety reports that preventable medical errors cause over 210,000 deaths per year. Moreover, the annual number of cases involving serious harm is estimated to be as high as 4,200,000.
Medical malpractice v. Ordinary negligence
For a case to constitute medical malpractice, the law requires that it involve special scientific and/or medical knowledge and skill that the ordinary layman does not possess. In contrast, ordinary negligence cases can be assessed by a judge or jury members’ everyday experiences.
For this reason, expert medical witnesses play a crucial role in proving medical malpractice claims. Accordingly, the medical malpractice attorneys at Schwartzapfel® Lawyers have a network of experienced and knowledgeable medical experts to help prove your claim.
Medical malpractice statutes of limitations in New York
In New York State, the statute of limitations in cases involving ordinary negligence is different from those involving medical malpractice. The window to file a medical malpractice claim, absent an exception, is generally 2 ½ years.
Moreover, when suing a municipality such as a city hospital or other city healthcare facility, the statute of limitations to file a notice of claim is only ninety days and the window to file a lawsuit as little as one year and ninety days. Time is of the essence and failure to act can result in lost opportunity to protect your rights.
Proving your case
To succeed in a medical malpractice action, you must effectively demonstrate the following:
- That your healthcare provider deviated from accepted practice (i.e. broke a safety rule)
- That such deviation is proximate cause to the injury (i.e. caused the patient harm)
The New York medical malpractice attorneys at Schwartzapfel® Lawyers have the experience and know-how needed to pursue all manners of medical malpractice claims.
Please, don’t wait until it’s too late. Take action now and speak with one of our highly skilled medical malpractice attorneys by calling 1-800-966-4999.
Consequences of medical malpractice in NYC
1) Birth Injuries
If your child has been harmed during delivery, and if the injury stems from medical malpractice, then all parties responsible must be held accountable.
Among the most common types of birth harms, brain injuries are often caused when medical providers fail to properly assess conditions prior to or during labor. The three most common forms of preventable brain injury upon delivery are:
- Oxygen deprivation
- Reduced glucose
Their causes include but are not limited to:
- Failure to perform a timely cesarean delivery (i.e. C-section)
- Improper use of Pitocin (a labor-inducing hormone)
- Inappropriate use of forceps and/or vacuum extractors
- Failure to timely correct low glucose levels
- Applying excessive lateral traction to the newborn’s head
2) Surgical Errors
Unfortunately, many cases involving surgical error result in permanent injury while, in others, the patient is effectively killed.
Some of the most common surgical errors and complications include:
- Operating on the wrong area of the body
- Performing the wrong surgery
- Performing surgery on the wrong patient
- Post-operative infection
- Leaving items in the patient during surgery (e.g. sponges, clamps, scalpels, etc.)
- Causing damage that was not explained to the patient during the pre-surgical briefing
3) Diagnostic Mistakes
Failing to diagnose or mistakenly diagnosing medical issues such as cancer, stroke, and heart attacks can have dire consequences that not only affect the victim, but also their loved ones.
In these cases, patients who are seriously ill may wind up receiving medical care through surgery or medication that is inadequate or unhelpful, and oftentimes harmful. As a result, pre-existing conditions can worsen and new, potentially fatal ones can appear.
4) Medication Errors
Deadly situations can arise any time medical professionals prescribe:
- Medication in error (by class or dosage)
- Medication the patient is allergic to
- Contraindicated medication for the patient-type (i.e. not suggested)
Of note: Pharmacists can also be found responsible in medical malpractice claims wherein incorrect medications/dosages have been filled and sold to patients with valid prescriptions.
Physical injuries that are not apparent early on in cases involving medical malpractice can include: post-traumatic arthritis, scar tissue build-up, cartilage deterioration, degenerative disc disease, muscle weakness, chronic pain, drop foot, and nerve damage — to name a few — all of which can worsen over time until surgery is required.
Beyond physical injuries, emotional suffering is a stark reality many New Yorkers are forced to face in the days, weeks, and even years after their involvement in a medical malpractice case.
Examples of these and related conditions include but are not limited to:
- Post-traumatic stress disorder (PTSD)
- Acute stress disorder (ASD)
- Substance abuse disorder (SAD)
Unfortunately, losses related to medical malpractice rarely stop with the mind and body, as economic harms often occur, too, as commonly evidenced by:
- Lost or reduced wages
- Lost pension, annuity, and other retirement benefits
- Lost or reduced health and social security benefits
So, please, don’t wait. Protect your health and financial future before it’s too late. Call Schwartzapfel® Lawyers.
Do I have a medical malpractice case?
Anytime someone dies or suffers injuries as a result of someone else’s wrongdoing, that person may have a case. In the event that a lawyer tells you that you do not have a case, seek another opinion immediately. Don’t simply accept one lawyer’s refusal (which may be motivated by any number of factors unrelated to your case’s merits) as proof positive that you do not have a medical malpractice case.
Like most things in life, law has become highly complex and specialized. Gone are the days of general practitioners and jack-of-all-trades. Accordingly, you will not want a lawyer that handles real estate closings, matrimonial or family law, commercial transactions, or your run-of-the-mill auto accident suit giving you advice if you or a family member has been seriously injured or killed as a result of medical malpractice.
Furthermore, as there may be multiple causes, theories of liability, and multiple defendants responsible for a given medical malpractice claim, when injured, it is imperative that you retain a medical malpractice lawyer of the highest caliber — someone with experience, expertise, and a proven record of success in handling the particular claim or type of negligence you were involved in.
Put yourself in good hands. Call 1-800-966-4999.
CONTACT SCHWARTZAPFEL® LAWYERS – YOUR NYC MEDICAL MALPRACTICE ATTORNEYS AT LAW
When fighting for justice in a medical malpractice case in New York State, trust in your legal team is important. With Schwartzapfel® Lawyers, you can be confident that our team of attorneys will always go the extra mile so that you may focus on what’s important: your recovery.
Finding the medical malpractice attorney that’s right for YOU
However unique your case, you will want someone who knows New York medical malpractice law, is a consummate professional, and is willing to fight for you every step of the way. In short: You’ll want the best medical malpractice representation available.
With more than 150 years of combined experience, Schwartzapfel® Lawyers has successfully helped thousands of clients get the money and benefits they are entitled to. We are proud of our hundreds of 5-star Google Reviews and 99% client satisfaction record. Moreover, we have every incentive to get you the largest settlement or verdict possible as quickly as possible. Why? Because if we don’t win your case, you owe us nothing.
So, if you or someone you love has been a victim of medical malpractice in NYC, act now and contact Schwartzapfel® Lawyers for your free consultation.
NEW YORK LAW FIRM – OFFICE LOCATIONS
At Schwartzapfel® Lawyers P.C. we fight hard to get you the outcome you deserve. To better serve you, we have five office locations in the New York area. If you have any questions, please give us a call today or select any of the location options below to learn more.
The doctor botched my procedure. Schwartzapfel® Lawyers took proper care of me.
MEDICAL MALPRACTICE FAQS
Medical Malpractice Resources & Information
Part of the U.S. Department of Health and Human Services, this organization is the lead federal agency dedicated to “advancing excellence in healthcare.” Find information on this site pertaining to research on healthcare quality, patient safety, clinical information, data, and surveys.
The CDC website provides information designed to protect patients and healthcare workers, and to promote safety and quality in support of infection control in healthcare settings.
The FDA website contains information about drug approvals, warnings, and recalls, along with information on medical devices and additional pharmaceutical-related regulatory information.
This site serves as the FDA gateway for finding clinically-important safety information and reporting serious problems with medical products.
The cause of the infection will come under scrutiny when determining whether a hospital is liable for an HAI. If the patient developed an infection after discharge due to improper care of their surgical wounds, the hospital may not be considered liable. If, however, the patient develops an HAI from iatrogenic, organizational, or patient risks, the hospital or clinic where they contracted the infection could be liable for the patient’s additional treatment, pain and suffering, financial losses, or wrongful death (if death occurs).