Medical Malpractice
Medical Malpractice Claims in New York City
When medical care causes an unexpected injury or makes an existing condition worse, it may not be immediately clear what happened or whether the care provided was appropriate. Reiff Law helps New Yorkers evaluate serious medical malpractice claims and understand their legal options.
In New York, a medical malpractice claim generally requires evidence that a doctor, hospital or other healthcare provider departed from accepted medical practice and that the departure caused injury. These cases can involve complex medical records, treatment decisions and expert review.
When Medical Care Falls Below Accepted Standards
A poor medical outcome does not automatically mean malpractice occurred. Complications can happen even when appropriate care is provided. The important questions are whether the medical care fell below accepted standards and whether that failure caused additional harm.
Medical malpractice can occur in hospitals, doctors' offices, surgical centers, emergency rooms and other healthcare settings. Claims may involve physicians, hospitals, nurses, specialists and other medical providers depending on the circumstances.
A Careful Review Of What Happened
Medical malpractice cases are highly fact-specific. Reviewing the medical history, treatment records, diagnostic testing, sequence of events and resulting injuries can help determine whether further investigation is warranted.
Common medical malpractice claims we evaluate include:
- Failure to diagnose or delayed diagnosis
- Misdiagnosis
- Surgical errors
- Medication and prescription errors
- Hospital negligence
- Emergency room errors
- Anesthesia errors
- Failure to properly monitor a patient
- Birth and obstetrical injuries
- Post-operative care errors
- Diagnostic testing and laboratory errors
- Failure to obtain informed consent
Answers To Common Questions About Medical Malpractice In New York
What is considered medical malpractice in New York?
Medical malpractice generally involves a healthcare provider departing from accepted medical practice and causing injury as a result. Determining whether malpractice occurred usually requires a detailed review of the treatment provided, the patient's medical records and the resulting harm.
Does a bad medical result automatically mean malpractice occurred?
No. Medicine involves risks, complications and conditions that may worsen even when appropriate care is provided. A medical malpractice claim focuses on whether the care departed from accepted medical standards and whether that departure caused an injury.
How do I know if I may have a medical malpractice case?
If you experienced an unexpected injury, a significant delay in diagnosis, complications following treatment or another medical outcome that raises questions about the care you received, it may be worth having the circumstances reviewed. Medical records and the opinions of qualified medical professionals can be important in determining whether there is a basis for a claim.
Who can be responsible for medical malpractice?
Depending on the circumstances, a medical malpractice claim may involve a physician, surgeon, specialist, hospital, nurse, medical practice or another healthcare provider. More than one person or organization may be involved in the treatment and may need to be considered when evaluating what happened.
How long do I have to file a medical malpractice claim in New York?
New York generally requires a medical malpractice action to be started within two years and six months of the act or omission involved. Different rules can apply in circumstances involving continuous treatment, foreign objects and certain failures to diagnose cancer. Because the applicable deadline depends on the specific facts, it is important to have the timing of a potential claim reviewed promptly.
Why are medical records important in a malpractice case?
Medical records can document the patient's condition, testing, diagnoses, treatment decisions, medications, procedures and follow-up care. Reviewing those records can help establish what occurred and whether additional medical or legal investigation is appropriate.
Does a medical malpractice case require medical expert review?
Medical expert review is often an important part of evaluating and pursuing a malpractice claim. New York also generally requires an attorney filing a medical malpractice action to certify that the facts have been reviewed and that the attorney has consulted with a qualified medical professional who supports a reasonable basis for bringing the action, subject to certain exceptions.
What compensation may be available in a medical malpractice case?
Depending on the circumstances, damages may include medical expenses, lost income, future medical and care needs, pain and suffering and other losses resulting from the injury. The damages available depend on the facts of the individual case.
What should I do if I believe medical malpractice occurred?
Continue to address your medical needs and keep copies of records, test results, prescriptions and other information related to your treatment. Write down the sequence of events while the details are still clear. Because medical malpractice claims can involve strict deadlines and extensive medical review, consider speaking with an attorney about the circumstances as soon as reasonably possible.
Discuss Your Situation With Reiff Law
If you have questions about an injury that may have resulted from medical negligence, contact Reiff Law to discuss what happened. We can review the circumstances, explain the legal process and determine whether further investigation may be appropriate.
Call 212-988-9000 or complete our online contact form to schedule a free consultation. Our office is located in Midtown Manhattan and we represent clients throughout New York City.
