Medical Malpractice Lawyers New York
5 Helpful Tips for an NY Medical Malpractice case
- Obtain full copies of your medical and billing records from the doctors at fault.
- Take photographs of your injuries.
- Get the names of any witnesses, including nurses.
- Make a list of all doctors and hospitals where treatment occured and the dates of treatment.
- Contact a medical malpractice attorney in New York immediately to protect your rights.
To prove medical malpractice in New York, the doctor, nurse, dentist, or hospital must have “departed” from the accepted standards of medical care. For malpractice, the mistake must be of such a kind that other doctors with the same medical training would find the medical care unacceptable. Also necessary to prove medical malpractice is showing that the “departure” of medical care was a “substantial factor” in causing injury to the patient. Not all mistakes by doctors cause injury to the patient. However, if a doctor fails to properly treat a patient and this departure results in an injury to the patient, then the doctor will be liable for malpractice. A minor injury will usually not warrant bringing a lawsuit.
A separate cause of action also exists pursuant to the NYS Public Health Law for “lack of informed consent.” If a doctor fails to properly advise a patient concerning the risks and alternatives of an elective medical procedure, then the doctor may have violated the informed consent law. Cancer misdiagnosis by a hospital or physician may warrant legal representation. In general, the earlier cancer is detected and treated, the more likely the disease may be eradicated.
Cancer is generally given stages by physicians to signify how far the disease has spread. The later the stages, the greater the spread of the cancer. The failure to properly read an x-ray, mammogram, or MRI that has suspicious masses may be a departure of accepted medical care. A woman should always taken an active role in receiving copies of their mammogram reports as doctors or their office staff have at times failed to inform a patient of a positive finding from such a test.
Surgical malpractice in New York is another frequent medical mistake that may warrant legal representation. Bowel perforations from abdominal surgeries that are left untreated and cause infection have led to verdicts against the surgeons. The failure to properly perform surgery involving hardware placement can lead to the need for additional surgeries and should be investigated by a medical malpractice attorney.
Strict time limitations exist to commence a medical malpractice lawsuit. In New York State, the time to commence a medical malpractice action may depend upon who is injured, who the potential defendant is, as well as the enactment of new laws and judicial decisions interpreting the law. Computing the time limitations is not a simple matter and individuals should promptly consult an experienced medical malpractice attorney in New York once he or she suspects wrongdoing.
Protect Yourself and your loved ones if you have been a victim and contact our medical malpractice lawyers in New York now.