Schwartzapfel Lawyers, P.C. – Fighting For You
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.
$5.5 Million
Verdict In Malpractice Case
$3 Million
Verdict In Malpractice Case
$3.8 Million
Verdict In Malpractice Case
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.
STEVEN SCHWARTZAPFEL
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. The New York medical malpractice lawyers at Schwartzapfel Lawyers P.C. are here to help when negligence occurs.
HOW PREVALENT IS MEDICAL MALPRACTICE?
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
Depending on the accident, multiple third parties could be held liable, including:
- 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 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:
- your health care provider deviated from accepted practice and
- 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:
- Oxygen deprivation
- Trauma
- 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 infection
- 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
- Preserve any evidence pertaining to the accident that you can.
- 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.
Contact us today at 877-737-4806 or fill out our online contact form for a free case evaluation. We will fight for you!
The doctor botched my procedure. Schwartzapfel Lawyers took proper care of me.
He made me feel comfortable from the beginning that my life will get back together and that he will help me and my family become whole again.
- Dr. Mark Heffron
Everything was exactly what they told me. Even pretty much down to the time it would be settled. I would recommend Schwartzapfel to everybody.
- Joanne Foster
I feel they handled the insurance in the most amazing possible way they could.
- Tiffany LaneMEDICAL MALPRACTICE FAQS
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.
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 Resources & Information
Federal Resources:
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).
