Medical Malpractice FAQ
What is medical malpractice?
New York medical malpractice law defines medical malpractice as negligence committed by a professional health care provider – a doctor, nurse, dentist, hospital, hospital worker, etc. – whose performance fails to meet the standard of care expected of those with similar training and experience, resulting in harm to a patient. The profession itself sets the standard for medical malpractice by its own custom and practice.
Do I need a New York City malpractice attorney to pursue a medical malpractice case?
Yes we believe that is the best way to proceed. Medical malpractice cases are very complex and difficult to pursue and can be quite expensive to litigate. Our medical malpractice attorneys in New York will obtain all relevant medical records, laboratory results, pathology reports and all other data resulting from testing that may be relevant to your case.
What sort of damages can be recovered from a medical malpractice lawsuit?
Medical malpractice attorneys in New York can help victims recover medical expenses for treating the injuries caused by the malpractice; damages for pain and suffering; disfigurement and disability damages; lost wages and ability to earn wages in the future. In certain circumstances, spouses, children and parents of negligently injured people may recover damages for the loss of the love, care, affection, companionship and other pleasures of the family relationship lost due to medical malpractice.
Who will receive money after a successful medical malpractice lawsuit for a birth injury?
If a living child suffers harm due to an avoidable birth injury, damages awarded as part of a successful medical malpractice lawsuit will typically go to the child, sometimes in the form of a legal trust.
What if my insurance company or Medicare/Medicaid paid for the treatment that I believe was malpractice? Can I contact a medical malpractice attorney in New York to file a claim even though no money came from my pocket?
Absolutely. It makes no difference who paid for the medical expenses. Health care providers are required to render care and treatment, based on the acceptable standard of care, regardless of who is paying for the procedure, or face the consequences of New York medical malpractice law.