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At Duffy & Duffy, our NYC medical malpractice lawyers are hard at work each day identifying medical errors and analyzing the underlying causes. Many people are unaware of just how common these sorts of situations are. A recent study from the Institute of Medicine revealed that an average of 44,000 to 98,000 men and women pass away every year as a result of preventable medical mistakes.
The healthcare sector has developed quite rapidly over the last half century, generating technology and breakthroughs that have considerably improved and saved the lives of tens of millions. Nonetheless, a potential downside is that there is now more opportunity for medical errors. Challenging operations, new medications being released almost every day, and underfunded hospitals all open the door to potential mistakes by healthcare professionals. Sadly, these types of mistakes result in serious consequences, including the loss of life. If you have been a victim of what you suspect may have been medical negligence, the attorneys at Duffy & Duffy are here to help.
We will fight for your justice. We understand that your fight will be our fight & fighting for the absolute best outcome is our priority.
There are several important considerations in any personal injury case. First and foremost, a claim of negligence relies on showing that there has been a breach of a duty of care, which causes harm to a victim and results in actual damages. Each of us owes everyone around us an obligation to act in a manner that avoids needless and foreseeable risks of injury. If an individual or entity behaves in an unreasonably careless or reckless way, therefore, it is considered a breach of the duty of care.
If you have been harmed as a result, you may be entitled to damages that stemmed from the incident. These can include medical bills, lost income, lost earning capacity, pain and suffering, property damage, and more.
Medical malpractice results from the negligence of doctors, medical staff, and healthcare facilities. There are many ways in which medical professionals can be considered negligent in their duties, including incorrect diagnosis of a patient’s condition, wrong prescriptions, treatment errors, and more. The Physician Insurers Association has reported that the most common form of medical malpractice is failure to diagnose, also known as erroneous diagnosis or missed diagnosis. The failure to diagnose a condition is extremely serious, as it delays a patient’s treatment, which can result in additional suffering, further trauma, or even death.
Error in diagnosis is another form of medical misconduct. Both of these types of medical malpractice account for more than 40% of medical malpractice claims filed in the courts.
Another commonly claimed issue in medical negligence is improper performance of a medical procedure. This can occur as a result of a surgical procedure performed on a patient, leading to harm and/or complications.
This harm may become apparent during the procedure or surface during recovery. Another frequently observed issue by the NYC medical malpractice attorneys at Duffy & Duffy is the failure to perform a necessary healthcare procedure. This is yet another serious concern, as it can lead to delays that may result in potentially life-threatening situations.
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Identifying legal issues and determining whether a claim is viable are the central strengths of our NYC medical malpractice attorneys. When a situation takes a turn for the worse, and you or a loved one suffers serious complications or even death, there may be grounds for filing a medical malpractice lawsuit. Because of this, it is critical to consult with an attorney who specializes in healthcare negligence. They can use their legal judgment and past experiences to assess whether you have a case and how best to proceed.
Generally, the deadline for submitting a medical malpractice claim has been fixed at two and a half years. However, this date can change according to the particular case being brought. The due dates are stringently enforced, and thus, when the final date passes, so does the authority to commence a claim. In preserving the rights of an individual, the importance of taking prompt action is vital.
There is little information available regarding the average value of a medical malpractice settlement in NYC. Settlements are generally private and protected by confidentiality agreements, making it impossible to know the amount with certainty.
The good news is that an attorney can help a malpractice victim understand the type of damages that might be available to them. This tailored insight is more valuable than generalized information about a wide range of claims.
One issue related to the victim’s burden of proof in a medical malpractice case is the requirement for expert testimony. Since these lawsuits are complex, the average juror may not be capable of understanding what happened and assessing liability without explanations provided by a specialist in the field. Therefore, New York law requires expert opinion testimony to prove that a medical provider’s actions constituted a breach of the applicable standard of care. The witness is also required to provide evidence that the breach directly caused the injuries. Medical malpractice cases often hinge on expert testimony. An attorney in Long Island could help you retain a qualified expert. Skipping this step can result in the dismissal of a claim long before a trial occurs.
Accurately placing odds on the success or failure of a medical malpractice claim is difficult. There are too many moving parts to take into account, from the nature of the medical mistake to the extent of the injuries. In fact, it is possible for two patients with similar experiences to have two very different outcomes in their malpractice suits. Even though legal counsel cannot guarantee success or failure in these cases, we can work tirelessly to get the best possible result.
A victim living with the consequences of a medical mistake in New York has a limited amount of time to seek compensation. Known as the statute of limitations, this deadline applies to medical malpractice claims. However, the amount of time a person has to seek damages can vary significantly.
In general, plaintiffs have thirty months from the date of the medical injury to file their lawsuit. If they wait too long, the court may dismiss the case with prejudice. Exceptions to this rule can provide additional time, like cases where there was a failure to diagnose cancer.
There are four elements under the law that plaintiffs must establish for a successful medical malpractice claim. First, the plaintiff must establish that the medical professional owed a duty of care to the patient. This is usually not in dispute. Second, there must be a breach of this duty, which can result in injuries from misdiagnosis, delayed diagnosis or surgical errors.
The final two elements—causation and damages—are related. Plaintiffs have to show that their injuries are linked to the breached duty of care and that they suffered compensable damage as a result.
Your expertise and commitment to his case is really appreciated. It is a tremendous weight off our shoulders to know that Victor will be able to live his life reasonably and comfortably.
From the very first meeting with you, I was treated with respect and compassion. The staff was always professional and dedicated. We are very grateful and thankful to your firm for all the effort and care you took to present and win my case.
I can’t bring my mother back but as Judge Feinman said to me after we settled the case this afternoon “hopefully Oceanside Care will learn a lesson from this for future residents in their facility.
There are several factors that come into play when selecting the right attorney for a medical malpractice claim. While websites and advertisements are a good starting point, it is helpful to dig deeper. Any attorney can promise to do a good job, so finding evidence of past success in the medical malpractice field is important. Learning about this experience is often done through the initial consultation.
While selecting an attorney is up to the person bringing the claim, there are certain factors to consider. Experience is valuable, but it should be the right experience. Hiring someone with 20 years under their belt may not be helpful if they have no experience with medical malpractice claims.
The best medical malpractice lawyer is one who will listen to the concerns of the patient, thoroughly investigate the medical records to identify where the fault lies, and hold the at-fault medical professional accountable.
A medical malpractice lawyer is an individual who can pursue legal action for medical negligence claims. While they might handle an array of injury claims, they have a background in holding careless doctors, nurses, and other professionals accountable for their medical mistakes.
Attorneys can handle every aspect of a medical malpractice claim, starting with an investigation into the nature and extent of the medical error. They will determine how severe the patient’s condition might be and evaluate the extent of their potential compensation. They can also negotiate with the at-fault party in an effort to resolve the claim with the provider or their insurance company.
The attorneys at Duffy & Duffy are available to provide answers and advice to anyone possibly pursuing a claim for medical malpractice. Your NYC medical malpractice attorney is able to explain the specific instances where issues and injuries are clearly identified that warrant the instigation of a lawsuit. Reach out to our firm now.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
