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Patients trust their medical professionals to render the best possible care by applying their education, experience, and training. When physicians and other healthcare providers fail to perform their duty, they harm their patients and open the door to medical malpractice lawsuits.
However, proving medical malpractice requires more than demonstrating that the professional made an error in judgment. Retaining an experienced New York medical malpractice lawyer is essential to not only seeking fair compensation but also protecting other patients and preserving the integrity of the healthcare system. Pitta & Baione LLP is here to serve you.
Our firm has experience recovering millions of dollars for clients who were victims of medical malpractice. For example:
- We secured a $750,000 settlement on a dental malpractice claim when the dentist failed to administer prophylactic antibiotics during an implant procedure, leading the patient to develop endocarditis.
- We were able to recover $700,000 for a patient’s family when, due to a delay in communicating a lung nodule finding, the patient was not offered early cancer treatment options and sadly passed away.
- We recovered $450,000 for an elderly woman who was admitted to the hospital for treatment of diabetic leg wounds and developed a stage IV pressure ulcer on her buttocks.
What Is Medical Malpractice?
Medical malpractice is more than simply making a mistake. The mistake has to be the result of negligence. Malpractice occurs when a professional or facility fails to act in accordance with the accepted standard of care and, consequently, harms the patient.
These cases often require input from expert witnesses who can explain the relevant standard of care and whether the professional or facility in question fell short of it.
Elements Of Medical Malpractice
To prove medical malpractice, the injured patient must demonstrate the following elements:
- They were under the care of a medical professional
- The professional, in the course of rendering medical services, failed to do so in a way that another professional would have under the same or similar circumstances
- As a result, the professional injured the patient or worsened a previously existing condition or illness
What Do Medical Malpractice Lawyers Do?
Retaining a qualified NYC medical malpractice lawyer will help you present your strongest possible case for compensation. A skilled attorney will:
- Apply their legal knowledge: You need an attorney who has experience with New York medical malpractice lawsuits. These cases can take a substantial amount of time to resolve, which means your attorney should understand the rules of the court and know how things like evidence and discovery work in medical malpractice cases.
- Develop expert witness testimony: As mentioned above, expert witness testimony is often critical to medical malpractice lawsuit cases. Our firm works with reliable experts who explain applicable standards of care, discuss medical evidence, and testify on relevant matters.
- Explore all options for your case: Many malpractice cases are settled outside of court through mediation. But if the defendant’s insurers and lawyers refuse to fairly negotiate, your New York medical malpractice attorney will take your case to a jury.
Common Types of Medical Malpractice Cases in New York City
Speak with an attorney if you or a loved one experienced any of the following examples of medical malpractice:
- Surgical mistakes: Various mistakes fall into this category, such as leaving instruments inside the patient, failing to properly monitor the patient during surgery, neglecting to inform the patient of risks, and operating on the wrong part of the body.
- Anesthesia mistakes: Administering too much anesthesia can be fatal, while too little can cause the patient to suffer. Anesthesiologists must also be mindful of the patient’s allergies.
- Birth injuries: Mistakes during childbirth can inflict permanent harm or death on the child or mother. Cerebral palsy is a common example and a strong indicator of malpractice.
- Diagnostic errors: Delayed diagnoses, mistaken diagnoses (e.g. attributing symptoms to the wrong condition), or missed diagnoses can aggravate an illness or injury. This can cause death or irreversible injury.
- Medication mistakes: Often, the wrong medicine, incorrect dosage, or failure to account for an allergy can lead to severe consequences for the patient.
- Unsanitary tools and malfunctioning medical equipment: It is vital to the patient’s health that doctors sanitize their instruments and practice hygiene. Similarly, medical equipment must be safe and fully operational to ensure the patient’s care.
- Failure to follow up: A skilled medical doctor will ensure that the patient’s recovery goes well by following up and potentially asking the patient to return for further checkups. However, some facilities disregard this important duty and miss complications that could have been treated.
In recent years, medical malpractice attorneys have won significant lawsuit settlements for their injured clients. Among these are:
- Hospital failure to monitor patient: A New York medical malpractice lawsuit alleged that a hospital failed to properly monitor the patient’s condition and delayed surgery to repair the aorta, causing organ damage and paraplegia. On November 30, 2023, a jury awarded the plaintiff $120 million in damages, the largest medical malpractice verdict in Westchester County history.
- Ophthalmologist failure to diagnose causes loss of eye: An eye doctor failed to diagnose a patient’s eye infection or refer the individual to a specialist. The patient’s eye had to be removed to stop the infection from spreading to the brain. In a November 29, 2023 verdict, the jury awarded the victim $7 million.
- Settlement in failure to treat accident victim: A 15-year-old car accident victim was rushed to the hospital in critical condition. Doctors treated the victim’s spleen but did not address frontal sinus fractures, which caused infections, including MRSA, resulting in severe brain damage. On October 8, 2024, the case settled for $35 million, the largest pre-verdict New York medical malpractice settlement in state history.
How Does a Medical Malpractice Lawsuit Work?
To win a lawsuit, an NYC medical malpractice attorney must prove several things. They must show that the doctor or facility in question was engaged in some type of negligence, which is an act or omission that falls short of the applicable duty of care. Expert witnesses supply details of what the duty of care is (meaning, the standard by which professionals should conduct themselves) by explaining how another healthcare professional, in the same or a similar set of circumstances, would have acted differently. The attorney will present evidence showing exactly what the professional did (or failed to do) at each step and how it injured the patient. A medical expert witness may testify as to the treatments that the patient will need to correct what the negligent professional did. Facts must also be presented to substantiate the nature of the victim’s injuries.
Plaintiffs can name various parties as defendants in a New York City medical malpractice lawsuit, including:
- Doctors
- Nurses
- Surgeons
- Specialists
- Hospitals
- Medical clinics
- Assisted living facilities
- Hospice care centers
- Physical therapists
- Lab technicians
All of these and other individuals are involved in patient care, and one professional’s mistake can easily affect the overall quality of treatment. Your New York medical malpractice attorney will conduct a thorough investigation to not only acquire the evidence needed to prove your claims but to identify and name all responsible parties.
Compensation For Medical Malpractice
New York medical malpractice lawsuit payouts are broadly divided into economic and non-economic damages. “Economic” means the damages are relatively easy to calculate based on objective information (e.g. medical bills). “Non-economic” damages are more subjective in nature. Examples of potential damages include:
Medical bills: These include costs that are necessary to correct the consequences of the medical malpractice, including expenses for long-term medical care like physical therapy, disability, medication, adaptive medical equipment, and more.
Lost wages: While a patient is recovering, they will not be able to work and could, therefore, lose substantial amounts of money. The patient can ask to be compensated for this loss.
Lost earning capacity: A medical injury resulting from negligence could cut short a promising career. This translates to lost future earnings, bonuses, promotions, career advancements, and more.
Pain and suffering: A victim has the right to demand compensation for the pain and suffering they experienced due to malpractice. This type of non-economic damage is subjective but potentially substantial.
Punitive damages: In some cases, the medical professional’s conduct is so poor that the court will punish the behavior (hence the term “punitive”) to deter others from engaging in it.
Some of these are considered future damages in that they will not arise until months or years later. An experienced NYC medical malpractice lawyer will retain expert witnesses to explain, for instance, future treatments that may be needed and how much they will cost.
How Long Does a Medical Malpractice Lawsuit Take?
A medical malpractice lawsuit will take months, and in more complex cases, years, to work its way through the courts or settle. That’s because an attorney must investigate the incident, conduct discovery, participate in mediation and out-of-court negotiations, deal with insurance companies, follow the rules of civil procedure, and face loaded court dockets. Our firm works to settle cases out of court, but only if the settlement is fair to our clients.
What Is the Statute of Limitations on Medical Malpractice Cases?
The statute of limitations (deadline to file a lawsuit) is two years and six months from the date of injury. For minors, the clock begins to run after the patient becomes an adult.
There are some exceptions to this rule. For instance, concerning foreign objects left inside a patient, a lawsuit may be filed within one year of the date the object was discovered. Also, pursuant to the continuous treatment doctrine, the statute of limitations does not begin to run until the patient stops receiving ongoing medical treatment. Our legal team can explain other exceptions that may apply to your case.
Have More Questions? Contact Pitta & Baione To Learn More On How We Can Help
Pitta & Baione LLP understands the complexity of medical malpractice lawsuits because of the unique details of each case. We also know that medical professionals and insurers protect negligent practitioners and resist victims’ attempts to win compensation. Discover why so many clients trust us to pursue the compensation and justice they deserve. Call today to schedule your consultation.