Brooklyn Medical Malpractice Lawyer

Holding Medical Professionals Accountable in New York City

Americans put faith in medical professionals every day. Whether you are being treated for an emergency situation, a regular checkup, a surgery, or giving birth to a child, you expect your medical providers to use the utmost care and caution. Unfortunately, medical accidents do happen, but when one is the result of a doctor or medical provider’s negligence, this is called medical malpractice. If you have been injured because of medical malpractice, a malpractice attorney in Brooklyn can help you file a claim to be compensated for your pain and suffering.

What Is Malpractice?

The legal definition of medical malpractice is when a doctor does something that amounts to professional negligence. In the medical field, this means that the physician, nurse, or staff member has behaved in a way that falls below the usual standard of care for their profession. Millions of medical accidents happen every year. While not every accident results in injury or death to the victim, many do cause permanent pain and suffering. Our Brooklyn malpractice attorneys are dedicated to fighting for victims of such incidents.

Understanding what constitutes medical malpractice is crucial for patients and their families. Malpractice can include a wide range of negligent actions, such as misdiagnosis, delayed diagnosis, surgical errors, prescription mistakes, and birth injuries. Each of these errors can have severe consequences, often transforming the lives of victims forever. It is essential to recognize that malpractice is not limited to doctors alone; nurses, lab technicians, and other healthcare providers can also be held liable if their conduct falls below accepted standards. Knowing the signs of potential malpractice can be the first step in protecting your rights and seeking the justice you deserve.

These conditions are very serious, and they permanently affect a patient’s life and health. The cost of caring for an individual with serious medical malpractice injuries can be extremely burdensome on a family. There are thousands of different types of physicians that can commit medical malpractice. Obstetricians, pediatricians, surgeons, orthopedic doctors, oncologists, and many other types of doctors, or even members of their staff, can injure their patients.

Beyond physical injuries, victims of medical malpractice often endure significant emotional and psychological trauma. The trust that patients place in their healthcare providers is immense, and when that trust is broken, the resulting anxiety, depression, or post-traumatic stress can be a heavy burden. Additionally, the financial impact of lost wages and long-term care costs can further strain the lives of malpractice victims and their families. Understanding the full spectrum of consequences is vital in recognizing the importance of pursuing legal avenues for relief and compensation.

In addition to doctors, dentists can also commit serious malpractice. If your dentist caused an injury to you by cutting you, breaking a tooth, negligently misdiagnosing a dental issue, and causing other painful dental conditions. Dental negligence is a serious matter because the health and appearance of a person’s teeth can affect them throughout their life.

Navigate Medical Malpractice Claims With Expert Guidance

The effects of medical negligence on patients and their families can be disastrous. If you believe you have been the victim of medical negligence, it is critical that you understand your rights and alternatives when it comes to seeking justice. Our seasoned malpractice lawyers at Belushin Law Firm, P.C. are backed by years of experience and can assist you through the legal process and fight for the settlement you deserve.

Key factors of understanding your rights in a medical malpractice claim are:

• Knowing what the accepted standard of care is when it comes to the medical field and evaluating whether the care you experienced fell below it
• Keeping detailed records of the treatment you received and documenting the extent of your injuries and damages, and how it has affected your life
• Knowing the requirements for filing a malpractice claim: statute of limitations, pre-suit notices, and more
• Knowing how to communicate and negotiate with insurance companies and healthcare providers
• Pursuing litigation if a fair settlement cannot be reached

Do not delay obtaining legal counsel. Reach out to Belushin Law Firm, P.C. to schedule a consultation with our skilled medical malpractice attorneys in Brooklyn.

Why Hire a Medical Malpractice Lawyer?

Finding an experienced and qualified malpractice lawyer is crucial in a medical malpractice claim, much more so compared to standard personal injury claims. However, medical malpractice is a relatively rare focus since not many attorneys spend much of their time handling these types of claims.

Choosing the right attorney can profoundly influence the outcome of a malpractice claim. An experienced attorney will not only guide you through the complexities of the legal system but will also offer compassionate support during what is often a stressful and emotional period. They can navigate the intricate medical terminologies, engage with credible medical experts, and stand firm against powerful insurance companies. 

Having a diligent attorney by your side ensures your voice is heard and that you receive the attention and advocacy necessary to secure a favorable outcome. If you suffered a serious injury due to medical malpractice in New York, contact our New York City medical malpractice attorney at Belushin Law Firm, P.C. and schedule a free consultation today.

Types of Malpractice Claims We Can Help You With

There are many different types of medical malpractice. A deviation from the standard of care can occur in almost any doctor-patient situation. It is important to consult with a malpractice lawyer in Brooklyn as soon as possible to determine whether or not you have a valid injury claim against your doctor or nurse.

Surgical errors can arise from a variety of issues, including lack of preparation, miscommunication among surgical team members, fatigue, and even inadequate aftercare. Improved protocols and communication strategies are critical in preventing these devastating mistakes. Moreover, patients who suspect surgical malpractice should document their experiences thoroughly, seek alternative medical assessments, and consult with a malpractice attorney immediately to preserve their rights and explore potential remedies.

Birth errors are also serious forms of medical malpractice. The birth of a child is usually a joyful occasion, but sometimes it can be marred by medical negligence that can seriously injure both the mother and the child. Children can suffer brain damage from hypoxia, cerebral palsy, Erb’s palsy, and other birth defects if the obstetrician is negligent in the delivery of the child. The mother can also suffer serious injuries during birth or during a C-section, including incisions in the bladder and other serious conditions.

Sometimes a medical accident results in the death of a patient. This can be because a doctor or other member of the medical staff was negligent in their care for the patient. If one of your loved ones has died because of negligent medical care, you may be able to bring a wrongful death claim on their behalf to compensate your family for this loss. Our team can help your family get compensation for the tragic consequences of medical malpractice.

What Causes Medical Malpractice in New York?

Medical malpractice accidents don’t only happen to adults; they happen to children and infants, as well. Many medical malpractice injuries occur during the birth process and can cause serious defects and permanent injuries to a child. If your child or infant has been injured because of a medical professional’s negligence, you can bring a claim on your child’s behalf to compensate for their injuries.

Medical malpractice occurs because of many different factors. Sometimes a physician does not update their practices for the most current medically acceptable protocols and causes an injury that could have been easily prevented. Sometimes a doctor makes an error when diagnosing an illness or injury, which causes a serious medical condition, such as cancer, to go untreated. 

On occasion, a medical malpractice accident can occur because a doctor or other member of hospital staff does not follow the existing protocol that is in place to keep patients safe. Lastly, accidents may happen because of carelessness on the part of the doctor, such as being distracted, in a rush, or otherwise not paying an appropriate amount of attention to their patient.

Can I Sue For Medical Malpractice If My Treatment Resulted In A Bad Outcome, But Was Not Necessarily Below The Standard Of Care?

Not every medical treatment that has a negative outcome is eligible for a medical malpractice claim. Our Brooklyn malpractice attorneys place a distinction between an unfavorable medical result and negligent conduct. When a healthcare professional breaks away from the accepted standard of care in the medical community and causes harm or injury, it is known as medical malpractice.

For a successful lawsuit, it's not enough to show that the outcome was negative; one must prove that the care provided was below the standard expected of a reasonably competent healthcare professional under similar circumstances. This often requires the insight of a medical expert to testify about what the standard of care is and how it was breached.

While pursuing a malpractice suit, it is essential to remember that various factors can contribute to a negative medical outcome, including underlying health conditions, patient non-compliance, and unforeseeable complications. Therefore, having a legal team that can effectively dissect the claim and differentiate between genuine malpractice and unfortunate outcomes is invaluable. This careful evaluation can safeguard against unnecessary litigation and direct focus toward taking viable legal action based on substantive claims.

Understanding New York’s Medical Malpractice Laws

New York State imposes specific laws governing medical malpractice, providing a framework for patients to pursue claims against negligent healthcare providers. A key element of these laws is the statute of limitations, which stipulates that plaintiffs must file a malpractice claim within two and a half years from either the date of the alleged act of malpractice or the last date of continuous treatment for the same condition. However, exceptions exist, such as in cases of foreign objects left in the body, where the timeline to initiate a claim begins at the discovery date of the object.

Moreover, New York requires that all medical malpractice cases be substantiated by expert testimony. This means that the plaintiff must demonstrate, usually through a medical expert, that the standard of care was breached and directly led to the injury or harm. The complexity of these laws underscores the necessity for plaintiffs to consult with a knowledgeable attorney who understands the intricacies of New York malpractice law and can adeptly build a robust claim. Navigating these legal waters requires precision and attention to detail, which is why having experienced legal guidance is crucial for those affected by medical negligence.

Take Action Immediately

If you have suffered an injury because of medical malpractice, you deserve compensation for your pain and suffering. When you suffer an injury at the hands of your medical provider, you may want to seek a second opinion or treatment from another doctor. You should keep all documentation about your treatment and your injuries, as this will be important documentation for your malpractice claim. You should contact an experienced New York malpractice lawyer as soon as possible because your time frame for filing a claim is limited, and you need to seek compensation for your injuries immediately.

In medical malpractice law, there is a concept called a statute of limitations. The statute of limitations is a time frame in which you are allowed to bring a claim for your personal injuries. If the time period has passed, your claim against the doctor or hospital will be barred. In New York, the time frame to bring a claim is two and a half years. 

However, New York also uses a rule called the discovery rule, which states that if you were unable to discover your injury, the statute of limitations will run from the date you knew or should have known about your injury instead of the date that your injury occurred. Statutes of limitations are a very complicated area of law, and if you are not sure whether your claim would fall into the time frame, you should speak to our firm as soon as possible to determine your rights.

FAQs on Medical Malpractice in Brooklyn

What Should I Do If I Suspect Medical Malpractice?

If you suspect that you or a loved one has been a victim of medical malpractice in Brooklyn, the first step is to seek immediate attention from another healthcare professional to address any ongoing health concerns. Document every aspect of the medical care received, including all communications with the provider, treatments administered, and any changes in health conditions. This documentation will be critical if you decide to pursue a malpractice claim. Contacting a medical malpractice lawyer in Brooklyn promptly can also provide you with valuable guidance on your rights and options, ensuring that you take the necessary steps to secure compensation for any harm suffered.

How Do I Prove Medical Malpractice?

Proving medical malpractice involves demonstrating that a healthcare provider deviated from accepted medical standards, resulting in harm or injury. The process typically requires the testimony of a qualified medical expert who can clearly articulate how the standard of care was breached. Gathering comprehensive evidence, including medical records, expert testimonials, and detailed accounts of the patient’s condition before and after treatment, is essential in building a strong claim. It is crucial to work with an experienced attorney who can adeptly navigate these requirements and provide strategic legal representation throughout this complex process.

Can I Sue a Hospital for Malpractice?

Yes, hospitals can be held liable for medical malpractice under certain circumstances. This liability often arises when the hospital fails to uphold the standard of care in hiring competent staff, maintaining equipment, or following safety protocols. For instance, if a hospital employs a healthcare worker who is known to be negligent or poorly trained, and this results in patient harm, the hospital may be found liable for negligence. Understanding the specifics of how and when a hospital can be held accountable requires an in-depth legal evaluation, which a skilled attorney can provide.

What Damages Can I Recover in a Medical Malpractice Claim?

In a medical malpractice claim, recoverable damages can include both economic and non-economic losses. Economic damages cover quantifiable losses such as medical expenses, lost wages, and rehabilitation costs. Non-economic damages, on the other hand, address more subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded if the healthcare provider’s conduct was especially egregious. Evaluating and maximizing these damages require a thorough legal approach to ensure that all aspects of the victim’s suffering and loss are adequately compensated.

What Makes Medical Malpractice Claims in Brooklyn Unique?

Brooklyn’s unique demographic and healthcare landscape can impact medical malpractice claims in several ways. The borough’s diverse population necessitates healthcare providers who can address language and cultural barriers, potentially influencing the standard of care. Additionally, the concentration of large, well-regarded medical institutions means that malpractice claims in Brooklyn can often involve complex legal disputes with significant resources at stake. Patients pursuing claims within this context benefit from a local attorney who understands these unique challenges and can leverage experience and insights specific to Brooklyn’s legal and healthcare environments.