$3 million in an Erb’s palsy case

We recovered $3 million in future periodic payments to a child who sustained Erb’s palsy as a result of excessive lateral traction on the fetal head during delivery after encountering a shoulder dystocia.

Medical Malpractice

General Medical Malpractice

Medical Malpractice

Not Your Average New York City Medical Malpractice Attorneys

Although we may take them for granted, there is a certain comfort that we live with, knowing that we can seek competent medical treatment at the hospital with trained and trusted doctors. We have the confidence that they will operate in a professional manner and take every precaution to ensure our safety.

However, even doctors and hospitals make mistakes. When a healthcare provider fails to meet established standards of medical care due to negligence, lack of communication, or diagnostic error, patients often suffer the consequences. Those consequences can be grave. The New York medical malpractice lawyers at Schwartzapfel Lawyers P.C. are here to help when negligence occurs.

How Prevalent Is Medical Malpractice?

Medical mistakes are widespread and can occur in a variety of different ways. For example:

  • 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 and serious harm numbers are 10-20 times more common.

Medical malpractice can occur in numerous situations. Common scenarios include:

  • Labor and delivery-related injuries, including erb’s palsy and brain damage
  • Failure to diagnose and treat in a timely manner – this includes all types of cancers, heart attack, stroke, and pulmonary embolism, among other conditions.
  • Anesthesia errors
  • Surgical injuries, including those that occur during a gastric bypass surgery
  • Spinal cord injuries
  • Medication errors

Medical Malpractice v. Ordinary Negligence

Medical malpractice requires special scientific and/or medical knowledge and skill that the ordinary layman does not possess. In contrast, ordinary negligence can be assessed by a judge or jury members’ everyday experiences. For this reason, expert medical witnesses are required to prove a medical malpractice claim. The medical malpractice attorneys at Schwartzapfel Lawyers P.C. have a network of experienced and knowledgeable medical experts to help prove your claim.

Medical Malpractice Statutes of Limitations In New York

Ordinary negligence and medical malpractice differ regarding their statutes of limitations. In New York state, ordinary negligence has 3 years, while medical malpractice has only 2½.

Moreover, if you are suing a municipality – such as a city hospital or other city healthcare facility – the statute of limitations may be as short as 90 days to file a notice of claim and 1 year and 90 days to file a lawsuit. This is why speaking with a medical malpractice attorney early on is critical in securing your rights.

Proving Your Case

To succeed in a medical malpractice action, you must demonstrate that:

  1. your health care provider deviated from accepted practice and
  2. such deviation is proximate cause to the injury.

The New York medical malpractice attorneys at Schwartzapfel Lawyers P.C. have the experience and know-how you need to pursue a multitude of medical malpractice claims.

Birth Injuries

The birth of a child should be a joyous occasion. Nothing can cast a pall on the occasion more than finding out that your child has been harmed during the delivery. If your child has suffered a birth injury, you deserve to understand what caused your baby’s medical condition. If the injury stems from medical malpractice, the doctor, hospital, and staff must be held accountable.

Brain injuries are among the most common types of birth injury, often caused when medical providers fail to properly assess conditions prior to or during labor. There are three broad categories of preventable birth injuries to the brain:

  1. Oxygen deprivation
  2. Trauma
  3. Reduced glucose

These types of injuries can be caused by:

  • Failure to perform a timely cesarean section
  • Improper use of Pitocin
  • Inappropriate use of forceps and/or vacuum extractors
  • Failure to timely correct low glucose levels
  • Applying excessive lateral traction to the baby’s head

Surgical Errors

Surgical errors can cause permanent injury or death in patients. 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 infections
  • Leaving items in the patient during surgery (sponges, clamps, etc.)
  • Causing damage that was not explained to the patient as part of the pre-surgical briefing

Diagnostic Mistakes

Failing to diagnose medical issues such as cancer, stroke, and heart attacks can have dire consequences that affect not only the victim, but also family, friends, and co-workers.

Medication Errors

Medication errors can occur when a physician prescribes:

  • The wrong medication for the issue
  • A medication the patient is allergic to
  • A medication that is contra-indicated for the patient-type

Medication errors can also fall on pharmacists who distribute the wrong medication, even if the right medication was prescribed.

Contact Schwartzapfel Lawyers, P.C. – Your New York City Medical Malpractice Attorneys

When you’re fighting for justice in a medical malpractice case you need the New York lawyers of Schwartzapfel Lawyers P.C. at your side. With more than 150 years of combined experience, our attorneys are well-prepared to handle all your legal needs.

Call us at 1-888-575-6410 or fill out our online contact form for a free case evaluation. At Schwartzapfel Lawyers P.C., we have extensive experience handling the most difficult medical malpractice cases. All New York doctors, nurses, hospitals, and medical facilities that provide care for their patients must do their utmost to ensure your safety. If you are a victim of medical malpractice, call us, we can help. We will fight for you!

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