Get Help From an Experienced Medical Malpractice Attorney in New York City
We rely on doctors, nurses, surgeons, and specialists to maintain and protect our health. As patients, we trust that these people are qualified by years of schooling and medical training and that they will act appropriately and competently while performing their medical duties. Unfortunately, this is not always the reality of the situation. Doctors and other healthcare professionals routinely make devastating errors that result in serious injuries, avoidable illnesses, and in extreme cases, wrongful death.
If you were injured by a negligent doctor, or if a loved one passed away after receiving substandard medical care, your family deserves a closer investigation into the matter. The New York medical malpractice lawyers of Sullivan & Galleshaw have more than 16 years of experience representing injury survivors and wrongful death victims and will fight aggressively to seek rightful compensation on your behalf. To start exploring your legal options in a free and confidential case evaluation, call our law offices right away at (718) 843-0300.
How Common is Medical Malpractice?
Sadly, medical malpractice happens more frequently than many people understand. A 2016 study published in an academic journal found that medical errors are the third leading cause of death in the United States. Many other people also suffer significant physical or psychological harm as a consequence of medical mistakes. While not all medical errors are necessarily medical malpractice, the reality is that medical negligence is a very serious problem in New York and all over the country.
What is Medical Malpractice? Do I Have a Case?
Needless to say, claimants need to understand how medical malpractice is defined from a legal standpoint. Unsatisfactory care from a doctor or other health provider is not necessarily medical malpractice. In fact, medical malpractice does not mean having pain or a negative outcome following a procedure that was performed appropriately in accordance with all normal industry standards.
While having a bad outcome can be an immensely upsetting and frustrating experience, it cannot legally be considered malpractice if the doctor (or other healthcare professional) did not actually make any errors or mistakes. There are very specific criteria that a claimant must satisfy to bring a medical malpractice claim in New York. In order for an incident to be successfully deemed true malpractice, there are several elements that must be in place:
- A Valid Doctor-Patient Relationship: There must be a formal patient-doctor relationship established between the plaintiff and the defendant. This creates a formal “duty of care” from the doctor to the patient. (Note that taking casual advice does not constitute a formal patient-doctor relationship.)
- A Breach of the Duty of Care: The doctor must breach his or her duty of care to the patient by acting negligently. In a legal context, negligence means that the party at fault failed to live up to the normal standard of care that a reasonable person would expect under the same set of circumstances. In other words, if one doctor makes an avoidable error that any other reasonable doctor would have noticed and corrected – such as failing to sterilize tools, or to ask the patient about other medications they were taking – the doctor who made the error may be considered negligent.
- Causation Between Breach and Harm: The doctor’s negligence must have caused an injury to the plaintiff. Proving that a patient had an adverse outcome and that a medical provider made a negligent error is not sufficient to establish medical malpractice in New York. There must also be a causal nexus between these two things. The negligence by the physician, hospital, or another health provider must have caused harm to the patient.
- Actual Harm: You cannot hold a healthcare provider liable for a medical mistake in New York without actual harm. To bring a successful medical malpractice claim the plaintiff’s injury, caused by the negligent doctor, must have led to damages. To recover full and fair financial compensation through a medical malpractice claim, the patient and their family must prove the severity and extent of their damages.
Recovering Financial Compensation for Medical Malpractice in New York State
Medical negligence can cause severe harm to a patient. It is imperative that medical malpractice victims and their families are able to access the care and financial support that they need. In New York, medical malpractice victims can seek compensation for economic and intangible damages. Unlike in some other jurisdictions, New York state does not have any statutory cap on medical malpractice damages. That being said, getting full and fair compensation can still be challenging. The medical malpractice insurers that defend these claims are aggressive. They fight to limit their own liability. At the law offices of Sullivan & Galleshaw, LLP, our New York City medical malpractice lawyers have the skills, tenacity, and proven legal experience to help victims maximize their financial support. You and your family may recover malpractice damages for:
- Emergency room care;
- Surgery and operations;
- Hospital bills and other medical costs;
- Ongoing and rehabilitative care;
- Lost of current and future income;
- Pain and suffering;
- Mental distress;
- Scarring & disfigurement;
- Long-term physical or mental impairment; and
- Wrongful death of a family member.
What Are Some Common Examples of Doctor Negligence and Malpractice?
Medical malpractice can take a wide range of forms. It can manifest in many different ways, depending on factors like the patient’s health and the type of doctor or procedure involved. The following is a non-exhaustive list of some relatively common forms of medical and hospital negligence:
- Failure to monitor a patient’s oxygen levels while he or she is sedated. If a sedated patient is not closely monitored by a qualified anesthetist or anesthesiologist and an error occurs, he or she can aspirate vomit and can suffer brain damage, coma, and death.
- Failure to notice and diagnose an apparent early-stage disease.
- Failure to count all tools used during a surgical procedure. When items are forgotten and are left behind inside of patients’ bodies, it is referred to as surgical object retention or a surgical error. Whether a forgotten object is a soft pad of gauze or a sharp pair of scissors, the result can be a blockage, organ damage, internal bleeding, or death.
- Practicing in a field for which the doctor is not licensed or qualified.
- Improperly sterilizing tools and equipment, including failure to wash hands and take other hygienic measures before an operation or examination.
- Incorrectly filling out a prescription, resulting in death or injury to the patient.
- Failing to obtain a patient’s medical history and information regarding food, drug, and alcohol use. This can lead to deadly drug interactions and avoidable complications which should have been foreseen.
- Permitting unnecessary and dangerous delays in treatment, such as waiting too long to address a known infection or illness.
- In pregnancy-related cases, causing a birth injury to the baby and/or mother, such as accidentally cutting the baby with a surgical tool during a C-Section delivery.
- Physically or sexually assaulting a patient, or otherwise engaging in sexual contact, abuse, or harassment.
All medical errors and adverse outcomes require investigation. Often, professional medical experts are brought in to provide guidance. Do not assume that you and your family have no claim without consulting with an attorney. If any of the aforementioned issues have affected you or a loved one, you may be able to receive financial compensation for your suffering and your losses. To arrange a free and private legal consultation, call the New York medical malpractice attorneys of Sullivan & Galleshaw at (718) 843-0300 today.
How Our New York City Medical Malpractice Lawyers Can Help
Medical malpractice claims are complicated. If you have a lot of questions about your legal rights and legal options, you are certainly not alone. At the law offices of Sullivan & Galleshaw, LLP, we have proven experience and skill in medical malpractice law. When you reach out to our New York City offices, you will be able to consult with a top medical malpractice attorney who can:
- Hear your story and explain your rights under New York medical malpractice law;
- Investigate the incident—gathering all relevant documents, records, and evidence;
- Connect you with the right medical experts to support your claim;
- Handle settlement negotiations with the medical malpractice insurer(s); and
- Build a comprehensive legal strategy to get you and your family the best outcome.
We are devoted to helping injured patients secure justice, accountability, and the complete financial support that they need to move forward with their life. With a history of testimonials from former clients and case results, patients and families count on our New York City medical malpractice lawyers for fully personalized representation.
Schedule a Free Consultation With a Medical Malpractice Attorney in New York City
At the law offices of Sullivan & Galleshaw, LLP, our New York City medical malpractice lawyers are skilled, results-oriented advocates for patients and families. If you or your loved one was harmed due to the negligence of a doctor, we are more than ready to help. Contact us today to set up a no-cost, no-commitment initial case evaluation. With legal offices in Queens, Brooklyn, and Manhattan, we handle medical malpractice claims in New York City, Long Island, and communities beyond.