Medical providers such as doctors, nurses, surgeons, and other healthcare professionals are obligated to provide a reasonable duty of care when you are injured or ill. You might feel frustrated or angry when you or someone you love is seriously injured or sick due to mistakes made by a medical professional. A personal injury caused by your healthcare provider can be a case of medical malpractice.
After a medical malpractice injury, you may not know what steps to take to get compensation for all of your damages. Going up against your healthcare provider and their insurer can also be intimidating. Not everyone understands what their rights are; and what they are entitled to. That’s why it’s vital that you contact an experienced medical malpractice attorney in New York City who deeply understands personal injury law. Personal injury lawyers Isaacson, Schiowitz & Korson, LLP will fight to get you the maximum compensation that you are entitled to.
Don’t delay reaching out to a proven medical malpractice law firm. Because the statute of limitations in New York City is often shorter in cases involving medical malpractice. Compared to ordinary negligence, which has a three-year limit, you only have 30 months or about 2.5 years to file a medical malpractice claim.
New York Medical Malpractice Lawyers Isaacson, Schiowitz & Korson, LLP can assist you with your medical malpractice case. Please contact us today for a free consultation. We work on a contingency fee basis. This means that when we handle your case, there will be no legal fees unless we are successful in getting you compensation.
What Is Medical Malpractice?
Medical malpractice occurs when a health care provider deviates from accepted standards of practice and causes an injury or death. This incidence happens either by their action or non-action in a medical situation. For example, medical malpractice may occur when a healthcare professional fails to make a correct diagnosis, promptly care for a patient’s condition right away, prescribes the wrong medication, or fails to otherwise administer appropriate care.
Medical professionals are required to adhere to strict standards of care while managing their patients. Failure to meet these fundamental levels of care is considered medical malpractice. Mainly, it is the healthcare provider’s negligence that can result in your personal injury. Even if they didn’t intend to hurt you, they can still be held liable for your damages.
Some examples of medical malpractice include:
- Surgical errors
- Birth injuries
- Failure to diagnose
- Unnecessary surgery
- Premature discharge
- Not taking patients medical history into account
- Poor aftercare
- Improper dosage
- Hospital negligence
- Anesthesia error
Medical professionals take an oath to uphold specific professional standards and duty of care. You could have a valid medical malpractice claim if your medical provider inflicts more harm than good.
What Are Common Reasons Medical Malpractice Occurs?
When a medical professional’s negligence results in damages after you’ve been harmed, we need to hold them accountable. Whatever your particular medical malpractice case may be, our personal injury lawyers will defend your rights.
There are many reasons medical malpractice may happen. Typically, most mistakes involve recklessness or negligence.
Particular scenarios that could result in medical malpractice include:
- Inexperienced medical professionals
- Reckless medical professionals
- Unsanitary conditions
- Operating on the wrong body part
- Discharging someone too soon
If any of these situations have happened to you or someone you loved, you can count on our personal injury lawyers to take aggressive legal action. We will investigate your medical malpractice claim to find the necessary evidence to prove how your healthcare provider was neglectful.
What to Do if You Have a Medical Malpractice Case
It is imperative that you take medical malpractice seriously. Our law firm recommends that you do the following:
Report Any Strange Medical Issues You Have
If you feel like something is off, trust your instincts and get a second medical opinion.
Don’t Speak To The Other Party’s Insurer
Only speak with your attorney when it comes to your medical malpractice case. Don’t talk about any details regarding your medical malpractice claim with the medical professional you are seeking a claim against. You can, however, let them know that you were harmed and have filed for a settlement.
Don’t Post On Social Media
Do not say anything about your case on social media. It’s important not to reveal too much about your medical malpractice lawsuit because anything you say could be used as evidence to undervalue or deny your claim. Hospitals and insurance companies work hard to find any excuses not to settle your claim. Medical malpractice cases in particular often have a lot at stake.
Avoid Giving A Recorded Statement
Your healthcare provider’s insurance company may reach out to you to seek a recorded statement. They may use the information you provide as a reason to reduce your settlement.
Keep Your Attorneys Involved
Talk with the lawyers at Isaacson, Schiowitz & Korson, LLP as soon as you can
Your medical malpractice case could be worth thousands or even millions of dollars, depending on how severe your injury is and how long your recovery is. However, filing a medical malpractice claim is more than just about being financially compensated. It’s also about holding healthcare professionals or facilities responsible for their negligence or recklessness.
What Happens if the Medical Provider Fails to Diagnose?
Physicians who fail to diagnose their patients’ ailments or overlook their symptoms can increase their patients’ risk of getting harmed. Their errors could mean that you do not receive proper and timely treatment. For example, patients who suffer from heart disease, cancer, or grave illnesses need to start treatment as soon as possible to get the best outcome. Some maladies are time-sensitive and need to be treated early.
An untreated illness can lead to severe consequences like high-risk surgery. Patients can die because of their physician’s error.
Failure or misdiagnosis may include:
- Misinterpreting test results
- Not catching cancer in time
- Failure to order a biopsy
- Failure to correctly analyze lab results
- Failure to recommend a specialist
- Failure to monitor a patient’s progress
- Failure to order needed medical tests
What is Hospital Negligence?
When you go to a hospital, its facilities should be clean and properly maintained. Not adhering to proper safety and hygienic standards can result in an unavoidable injury to patients.
Hospital negligence can include:
- Administering the wrong medication
- Not administering medication at the proper time
- Unauthorized surgical procedure
- Improperly using a medical device
- Misdiagnosing a severe injury while in the facility
- Discharging a patient before it is safe for them to leave
Sometimes hospitals make incorrect patient care decisions because HMOs pressure them to save money. Additionally, hospitals can fail to sufficiently train their employees and staff, fail to communicate or adequately supervise and fail to follow the rules and procedures.
How to Determine if You Have a Case
At Isaacson, Schiowitz & Korson, LLP, we can help you determine valid medical malpractice cases. This helps reduce the chance that you mistake an illness for medical malpractice. In order to have a valid claim, your attorney must be able to prove certain things.
First, your medical malpractice attorney must prove that you have a practitioner-patient relationship with the medical professional in your claim. If you got hurt after you received advice from a medical professional, this doesn’t mean you had an established patient-doctor relationship. Without this, you would not have a basis for a case.
Your attorney must be able to prove that your physician was reckless or negligent. Physicians are required to be reasonably careful and skillful. Proving negligence means that they deviated from an expected standard of care that caused injury or illness, which could have been avoided had they done their job competently.
Medical malpractice attorneys must also be able to prove that you or someone you loved was injured because of a doctor’s negligence. This isn’t always easy to prove, especially if you were sick before you saw your doctor. It can be hard to demonstrate that your injury or illness directly resulted from your physician’s incompetence and not an underlying illness.
However, an attorney can prove how your physician failed to act competently using evidence surrounding your medical malpractice claim. If you experienced actual measurable damages, such as pain and suffering, mounting medical bills, lost wages, and loss of earning capability, your attorney can use these damages as a form of proof that you were harmed unjustly.
The medical malpractice attorneys at Isaacson, Schiowitz & Korson, LLP can go over any questions you might have about proving whether negligence and incompetence occurred. Call us right away to go over your case and discuss your injuries. We will help you understand what your legal options might be.
Statute of Limitations for a Medical Malpractice Claim
You should work with an experienced medical malpractice lawyer as soon as you are suspicious that you have been hurt. The state of New York only allows you to file a claim within two and a half years or 30 months. The clock starts ticking the day the medical error occurred.
You might be able to get additional time to file your claim if you did not know that your physician had made an error with your care. This is known as the discovery rule and applies to the following:
- If you underwent surgery and the surgeon accidentally left a foreign object in your body, you have one year to file from the date you discovered this.
- If your doctor failed to diagnose cancer, you have two and a half years from the day you discovered this error.
If a minor experienced medical malpractice, the statute of limitations is applied after they turn 18. Patients who are traveling abroad and return home may also have the statute of limitations extended. This gives them the opportunity to file a claim once they’ve returned home.
Damages You Can Claim as a Medical Malpractice Victim
Any time your health is jeopardized, it is essential that you seek medical treatment as soon as you can. Your health is essential, and negligent or reckless medical treatment can jeopardize this. Fixing your doctor’s mistakes can end up being costly, especially if you’re unable to work and earn money. It’s not fair that you are financially burdened because of someone else’s mistakes.
At Isaacson, Schiowitz & Korson, LLP, we fight hard so you can receive compensation to help you heal and move forward.
Compensation should involve:
- Current and future medical bills directly caused by your physician’s carelessness
- Lost wages
- Medical costs related to your injury, including home modifications, in-home care, medical equipment, and physical therapy
- Pain and suffering
- Compensation for wrongful death damages
Nothing can ever replace losing your peace of mind and health. Adequate financial compensation can help you focus on healing and moving forward. To learn more, call us today for your free consultation.
How a Medical Malpractice Lawyer Can Help You
At Isaacson, Schiowitz & Korson LLP, we have many years of experience holding physicians, surgeons, and other healthcare professionals accountable for their recklessness and negligence. If you are an eligible survivor of a wrongful death victim, we will do our best to make sure you and any dependents get fully compensated.
Medical malpractice injuries can be life-changing. They can leave you paralyzed, with permanent disfigurement, traumatic brain injury, and other catastrophic medical problems that can dramatically reduce your quality of life and level of happiness.
Our personal injury lawyers will:
- Investigate your claims and collect evidence from medical records, photos, videos, witness statements, and more to figure out who is at fault for the injuries you have suffered
- Consult with medical experts to determine the extent of injury that was inflicted and how it impacts you and your loved ones
- Establish your claims based on New York law and similar past cases
- Negotiate on your behalf for a just financial settlement with medical providers, insurance companies, and attorneys
- Go to court if necessary
We are always available to answer any questions you may have. Our attorneys will keep you up-to-date on your case during the whole process.
Contact Isaacson, Schiowitz & Korson, LLP Right Away
Proving medical malpractice and gathering evidence can be very complex and costly. Our personal injury law firm is committed to thoroughly investigating your case and fight insurance companies on your behalf. We have experience working with experts to uncover evidence of negligence.
Filing a medical malpractice claim can be hard to do on your own, especially if you are still healing from your injury and do not have the time to research your case. If you think you are a victim of medical malpractice, give us a call right away so we can look over your case. Call Isaacson, Schiowitz & Korson, LLP now for a free consultation.