Medical Malpractice Lawyer in NYC: Can You Sue a Doctor in New York?

Medical negligence, legally known as medical malpractice, poses significant dangers to patients in New York. When doctors fail to provide the standard of care expected in their profession, patients can suffer severe injuries, prolonged illness, or even death due to preventable medical errors.

Common examples of medical negligence include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, failure to monitor a patient's condition, and improper treatment. These instances of negligence can lead to serious complications, worsened medical conditions, and irreversible harm to patients. The consequences of medical negligence extend beyond physical injuries, often causing emotional distress, financial burden, and a loss of trust in the medical profession.

If you or a cherished family member has suffered due to medical negligence in New York City, entrust your case to the distinguished New York City medical malpractice attorneys at Rosenberg, Minc, Falkoff & Wolff, LLC. With a storied history of securing multi-million dollar verdicts and settlements, our dedicated legal team stands resolute in holding negligent healthcare providers accountable.

Contact us today at (212) 344-1000 for a free consultation. Allow us the privilege to champion your cause, ensuring you receive the justice and compensation you justly merit. Your physical, emotional and financial well-being is our priority, and we pledge to fight for you with determination, skill, and our vast legal resources until we recover the largest possible compensation you are entitled to.

Can You Sue a Doctor in New York?

When patients in New York suffer harm due to a doctor's negligence, they may wonder if they can seek legal recourse. The answer is yes, you can sue a doctor in New York for medical malpractice. Taking this into account, there are specific legal requirements and statutes governing these lawsuits.

Legal Basis for Medical Malpractice Claims in New York

In New York, medical malpractice claims are primarily based on the theory of negligence. To successfully sue a doctor for medical malpractice, you generally need to prove the following elements:

Doctor-Patient Relationship in Medical Malpractice Cases in New York

The foundation of a medical malpractice claim in New York hinges on the existence of a doctor-patient relationship. This relationship is vital as it establishes the duty of care owed by the doctor to the patient. You need a committed NYC medical malpractice attorney who understands the nuances of the doctor-patient relationship and its relevance in the pursuit of a medical malpractice lawsuit.

Establishing the Doctor-Patient Relationship

A doctor-patient relationship is typically established when a doctor agrees to provide medical treatment or advice to a patient, and the patient agrees to receive such services. This relationship can be formed explicitly, such as when an individual schedules an appointment with a physician, or implicitly, when a doctor provides emergency medical care to an individual in need.

Duty of Care

Once a doctor-patient relationship is established, the doctor owes the patient a duty of care. This duty requires the doctor to provide medical treatment that meets the accepted standard of care in the medical community. The standard of care is defined as the level of care and skill that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under similar circumstances.

Termination of the Doctor-Patient Relationship

The doctor-patient relationship can be terminated in several ways, including:

• By Mutual Agreement: Both the doctor and patient agree to end the relationship.

• By Discharge: A doctor may choose to terminate the relationship for various reasons, such as non-compliance with treatment recommendations or failure to pay for services, but must do so in compliance with state and federal laws, including providing necessary notice and ensuring continuity of care.

• By Completion of Treatment: Once the doctor has provided the agreed-upon medical services and the patient has been discharged from care, the relationship is considered terminated.

Implications for Medical Malpractice Claims

In the context of medical malpractice claims in New York, the doctor-patient relationship serves as the basis for establishing the doctor's duty of care and the patient's right to pursue legal action for negligence. To successfully sue a doctor for medical malpractice, the plaintiff must demonstrate that the doctor-patient relationship existed, the doctor breached the standard of care owed to the patient, the breach caused the patient's injuries, and the patient suffered damages as a result.

Breach of Standard of Care in Medical Malpractice Cases in New York

In medical malpractice cases in New York, proving a breach of the standard of care is a pivotal aspect of establishing a doctor's negligence. The standard of care refers to the level of care and skill that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under similar circumstances. Your med mal lawyer in New York should be able to demonstrate that the doctor failed to meet this standard in your case.

What is the Standard of Care?

The standard of care is established by the prevailing practices and procedures within the medical community. It serves as a benchmark against which a doctor's actions are evaluated to determine if they were negligent. To establish a breach of the standard of care, the plaintiff must demonstrate that the doctor's actions or omissions deviated from what a reasonably competent and skilled health care professional would have done under similar circumstances.

Types of Breaches of the Standard of Care

A breach of the standard of care can manifest in various forms, including:

• Misdiagnosis or Delayed Diagnosis: Failing to correctly diagnose a medical condition or delaying the diagnosis, leading to worsened health outcomes.

• Surgical Errors: Making mistakes during surgery, such as operating on the wrong site, damaging surrounding organs, or leaving surgical instruments inside the patient.

• Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to consider potential drug interactions, leading to harm or adverse reactions.

• Failure to Monitor: Neglecting to monitor a patient's condition adequately, resulting in complications or worsening of the patient's health.

• Lack of Informed Consent: Failing to obtain informed consent from the patient before performing a procedure or treatment, or not adequately informing the patient of the risks and benefits involved.

Proving Breach of the Standard of Care

To prove a breach of the standard of care in a medical malpractice case in New York, the plaintiff typically relies on expert testimony. A qualified medical expert, often a physician specializing in the same field as the defendant doctor, will review the medical records and provide an opinion on whether the defendant's actions or omissions constituted a breach of the standard of care. The expert's testimony is essential in establishing the doctor's negligence and demonstrating that the breach of the standard of care directly resulted in the plaintiff's injuries.

Causation in Medical Malpractice Cases in New York

Establishing causation is a crucial component in medical malpractice cases in New York. Causation refers to the link between the doctor's breach of the standard of care and the patient's injuries. In legal terms, it must be proven that the doctor's negligence was a substantial factor in causing the patient's harm. This aspect of a medical malpractice claim is often complex and requires a thorough understanding of medical evidence and expert testimony on part of your NYC medical malpractice lawyer.

Types of Causation in Medical Malpractice Cases

In medical malpractice claims, there are generally two types of causation that need to be established:

• Cause-in-Fact (Actual Cause): This type of causation requires proving that the doctor's negligence was the actual cause of the patient's injuries. It must be demonstrated that "but for" the doctor's breach of the standard of care, the patient would not have suffered harm.

• Proximate Cause (Legal Cause): Proximate cause focuses on the foreseeability and directness of the consequences of the doctor's negligence. It must be shown that the patient's injuries were a foreseeable result of the doctor's breach of the standard of care.

Proving Causation in Medical Malpractice Cases

To prove causation in a medical malpractice case in New York, the plaintiff typically relies on expert testimony. A qualified medical expert will review the patient's medical records, evaluate the doctor's actions or omissions, and provide an opinion on whether the doctor's negligence was a substantial factor in causing the patient's injuries. The expert's testimony is essential in establishing the causal link between the doctor's breach of the standard of care and the patient's harm.

Challenges in Establishing Causation

Establishing causation in medical malpractice cases can be challenging due to various factors, including:

• Pre-existing Conditions: If the patient had a pre-existing medical condition, the defendant doctor may argue that the patient's injuries were caused by the pre-existing condition rather than the doctor's negligence.

• Intervening Factors: The defendant doctor may claim that intervening factors, such as the patient's non-compliance with medical advice or treatment, contributed to the patient's injuries and were not directly caused by the doctor's breach of the standard of care.

• Complex Medical Issues: Medical malpractice cases often involve complex medical issues and treatments, making it difficult to establish a clear causal link between the doctor's negligence and the patient's injuries.

Damages in Medical Malpractice Cases in New York

Damages represent the tangible and intangible losses suffered by a patient due to a doctor's negligence in a medical malpractice case. In New York, the purpose of awarding damages is to compensate the injured party for the harm caused by the doctor's breach of the standard of care. Damages in medical malpractice cases can encompass a variety of losses, including medical expenses, lost wages, pain and suffering, and other economic and non-economic losses. A seasoned medical negligence attorney in New York City will focus on maximizing your damages from all the liable parties.

Types of Damages in Medical Malpractice Cases

Damages in medical malpractice cases in New York can be categorized into two main types:

Economic Damages: These are the quantifiable financial losses suffered by the patient due to the doctor's negligence. Economic damages may include:

• Medical Expenses: Costs of medical treatment, surgeries, hospital stays, medications, and rehabilitation services related to the injury caused by the doctor's negligence.

• Lost Wages: Compensation for income lost due to the inability to work as a result of the injuries sustained.

• Future Medical Expenses: Anticipated costs of future medical treatment, surgeries, and ongoing care related to the injury caused by the doctor's negligence.

• Loss of Earning Capacity: Compensation for the reduced ability to earn income in the future due to the injuries sustained.

Non-Economic Damages: These are the intangible losses suffered by the patient that are not easily quantifiable. Non-economic damages may include:

• Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injuries sustained due to the doctor's negligence.

• Loss of Enjoyment of Life: Compensation for the loss of enjoyment of daily activities, hobbies, and other lifestyle changes resulting from the injuries sustained.

• Loss of Consortium: Compensation for the negative impact on the patient's relationship with their spouse or family members due to the injuries sustained.

Caps on Damages in New York

In New York, there are no statutory caps on economic or non-economic damages in medical malpractice cases. However, there are certain exceptions to this rule, such as:

• Wrongful Death Cases: In cases involving wrongful death due to medical malpractice, damages are subject to specific statutory limitations outlined in New York's wrongful death statutes.

• Government and Municipal Liability: Claims against government entities or municipal hospitals may be subject to different rules and limitations on damages.

Proving Damages in Medical Malpractice Cases

To prove damages in a medical malpractice case in New York, the plaintiff must provide evidence and documentation supporting the extent and nature of the injuries and losses suffered due to the doctor's negligence. This may include:

• Medical Records: Detailed medical records documenting the injuries, treatments received, and associated medical expenses.

• Employment Records: Documentation of lost wages and potential loss of earning capacity due to the injuries sustained.

• Testimony from Medical Experts: Expert testimony regarding the extent of the injuries, necessary medical treatments, and long-term prognosis.

Steps Involved in Filing a Medical Malpractice Lawsuit in New York

Initiating a medical malpractice lawsuit in New York is a complex legal process that requires careful adherence to specific procedural requirements. Make sure you have an experienced and resourceful NYC medical malpractice attorney with proven trial capabilities to fight your case in court.

File a Certificate of Merit

Requirement: Before filing a medical malpractice lawsuit in New York, a Certificate of Merit must be submitted. This certificate confirms that a qualified medical expert has reviewed the case and believes there is a valid basis for the claim.

Selection of Medical Expert: The plaintiff's attorney must consult with a qualified medical expert specializing in the same field as the defendant doctor to review the medical records and evaluate the case. The chosen medical expert should have experience and expertise relevant to the alleged malpractice.

Content of the Certificate: The Certificate of Merit must include:

• Statement of Review: A statement from the medical expert confirming that they have reviewed the case and are knowledgeable about the medical standards relevant to the alleged malpractice.

• Basis for Claim: A statement from the medical expert confirming that there is a valid basis for the medical malpractice claim, indicating that the defendant doctor breached the standard of care, which directly resulted in the patient's injuries.

• Submission of the Certificate: The completed Certificate of Merit must be filed with the court along with the initial medical malpractice complaint. Failure to submit a valid Certificate of Merit can result in the dismissal of the lawsuit.

Commence the Lawsuit

Requirement: Once the Certificate of Merit is filed, the medical malpractice lawsuit must be formally commenced by filing a complaint in the appropriate New York court within the statute of limitations.

Selection of the Court: The lawsuit should be filed in the appropriate New York court, which is typically the Supreme Court of the county where the alleged malpractice occurred or where the defendant doctor resides.

Content of the Complaint: The complaint should include:

• Parties Involved: Identification of the plaintiff (patient) and defendant (doctor) involved in the lawsuit.

• Facts of the Case: Detailed description of the alleged malpractice, including the doctor's breach of the standard of care and the resulting injuries suffered by the patient.

• Damages Sought: Specific details of the economic and non-economic damages sought by the plaintiff.

• Filing the Lawsuit: The completed complaint, along with the Certificate of Merit, must be filed with the appropriate New York court within the statute of limitations. The filing fee must also be paid at the time of filing.

Serve the Complaint

Requirement: After filing the lawsuit, the complaint must be properly served on the defendant doctor to notify them of the legal action being taken against them.

Methods of Service: The complaint can be served on the defendant doctor in various ways, including:

• Personal Service: Hand-delivering the complaint to the defendant doctor or their authorized representative.

• Substituted Service: Delivering the complaint to an adult at the defendant doctor's place of business or residence, followed by mailing a copy of the complaint to the defendant.

• Service by Mail with Acknowledgment: Mailing the complaint to the defendant doctor along with an acknowledgment form to be signed and returned.

• Proof of Service: After serving the complaint, the plaintiff must file proof of service with the court to confirm that the defendant doctor has been properly notified of the lawsuit.

Act Now to Protect Your Rights and Seek Justice: Choose Our Experienced Medical Malpractice Attorneys in New York City

Don't let medical negligence go unpunished. If you or a loved one has suffered due to medical malpractice, time is of the essence. The skilled and aggressive New York medical malpractice lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP are ready to fight relentlessly to hold the responsible parties accountable and maximize your compensation.

With over $1 BILLION won for injured New Yorkers and a success rate of over 95%, our winning team is dedicated to getting you the justice and compensation you deserve. Reach out to us for a consultation and let us start building your case immediately. Remember, we don’t charge any attorneys’ fees unless we win your case. Don't wait, take action now and let us fight for your rights. To schedule your free consultation, call us at 212-344-1000 or contact us online.