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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

What is a Medical Malpractice Lawsuit?

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Friday, July 05, 2019.

Medical malpractice is sometimes also known as medical negligence. It occurs when a healthcare professional, or provider, does not provide you with the correct treatment or provides you with substandard treatment. If these professionals and providers fail to take appropriate action to treat your condition, then medical malpractice is said to occur. 

Based on this, a medical malpractice lawsuit makes it possible for you or your family member to receive compensation from the harm that resulted from this sub-standard treatment.

What are the Major Types of Medical Malpractice?

There are several types of medical malpractice errors that commonly occur across the country and internationally. These include: 

  • Diagnostic errors: such as misdiagnosis or a failure to diagnose, as well as failing to order appropriate tests and act on test results 
  • Medication errors: such as prescribing the wrong medication or the wrong dosage, as well as not checking for drug interactions
  • Management errors: such as the spread of infection within the hospital, poor record keeping and failure to obtain informed consent
  • Treatment errors: such as incorrect treatment resulting in persistent pain after treatment and/or surgery, as well as delaying treatment
  • Surgical errors: such as unnecessary or incorrect surgery, leaving surgical tools inside the patient's body after surgery, and operating on the wrong part of the body
  • Aftercare errors: such as premature discharge, not following up, and the appearance of pressure ulcers and bedsores

Who Will Be Involved in the Lawsuit?

There are many people who are involved in a medical malpractice lawsuit, which is why it is best for you to consult with a medical malpractice lawyer. 

In a medical malpractice lawsuit, you are known as the plaintiff as you are the person who is bringing a case against another person or provider in a court of law. The person or provider that you are suing is known as the defendant. Whoever wins the case is known as the prevailing party and whoever loses the case is known as the losing party. The judge or jury involved in your lawsuit is known as the factfinder.

What are the Basic Elements of a Medical Malpractice Lawsuit?

As your NYC medical malpractice attorney will inform you, there are four basic elements that need to exist in order for your medical malpractice lawsuit to be a success. You need to prove that:

  1. A doctor-patient relationship existed between you and the defendant
  2. That the defendant was negligent when treating you and did not conform to the expected standard of care
  3. That the defendant’s negligence caused you injury or harm
  4. That this injury or harm led to specific, considerable damages that caused you suffering

The complexity of a medical malpractice lawsuit is further exacerbated by the fact that the standards and regulations for medical malpractice and medical malpractice law differ between states, and so it is essential that you consult with a professional NYC medical malpractice lawyer before opening a case. 


If you believe that you or a family member may have been a victim of medical malpractice, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys.

When you are ready to talk, we are ready to listen. Call 1-866-516-5887 for a free, confidential consultation.



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$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.




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