What is "Medical Malpractice"?

Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice are too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.

What must be shown to prevail in a medical malpractice case?

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: The health care provider owed a duty to the patient The health care provider breached that duty The patient suffered an injury The patient's injury was a proximate cause of the health care provider's breach A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (e.g. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

What is the first step in pursuing a medical malpractice claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

Have I waived my rights because I signed a consent form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgment of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

I've heard that lawsuits take a long time. Is that true with malpractice cases?

Malpractice cases don't necessarily take any longer than other cases, but doctors, hospitals, and insurance companies often try to drag them out. Malpractice claims are often delayed because the doctor or hospital knows they will ultimately have to pay. In other words, they know that they made a horrible mistake. We work hard to prevent these delays.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

It's taken me several months to work up the nerve to do anything about my situation. Am I running out of time to file a lawsuit against my doctor?

Statutes of limitations govern the length of time one has to file a lawsuit or be forever barred from pursuing such claim. Each state has different statute of limitation periods which apply to personal injury cases under various circumstances. In some cases, the statute of limitations may be as short as one year, while under different circumstances, it may be eight years or more. Many factors bear upon when the applicable statute of limitations period expires including the age of the plaintiff, the type of personal injury claim, the particular facts giving rise to the injury, and others. One must make absolute certain that they are aware of when their statute of limitations period expires, or risk jeopardizing their legal rights. An experienced personal injury lawyer can be of assistance in this regard.

Nothing serious has happened to me yet, but I'm beginning to question my doctor's care. What can I do to prevent malpractice?

The best advice we can give to you is to listen to your body. If your doctor tells you that you're fine, but you don't feel fine, make another appointment. As you are listening to your body, educate yourself on what's happening. Use the library and the Internet to find out about your symptoms and what tests are usually run for them. Have your doctor write everything down for you. If your doctor denies you a particular test or a referral to a specialist, have the doctor explain in writing the reason for the denial. If the doctor won't write it down, you should seek counsel by a qualified attorney.

New York Cerebral Palsy Lawyers - Personal Injury Lawyer NYC

Cerebral Palsy Birth Injury Attorneys in NYC

Cerebral palsy is a serious birth injury that comes with a lifetime of consequences. The condition may be the result of a medical error during childbirth in which the baby’s oxygen level was restricted during labor. If your baby does not receive enough oxygen during childbirth, it can result in certain types of brain damage, including causing cerebral palsy. Cerebral palsy has significant consequences for the child, which include:

Motor skill delays
Developmental delays
Difficulty in speech
Stiff muscles
Abnormal muscle tone
Lack of coordination
Tremors, involuntary motions

If your child developed cerebral palsy due to the negligence of others, contact Rosenberg, Minc, Falkoff & Wolff, LLP today. We can review the facts in your case to determine whether it is possible to file a legal action to pursue compensation for damages.

Top-Rated Law Firm for Cerebral Palsy Cases

At Rosenberg, Minc, Falkoff & Wolff, LLP, we are known throughout New York as a leading personal injury law firm. We have recovered over $1 billion in compensation for our clients over our years in practice and have a 95 percent rate of success. We charge no fees unless we are successful. We urge you to contact us at once if your child has cerebral palsy as a result of doctor negligence during labor and birth. We can help hold the responsible party accountable and recover compensation to cover the costs associated with the long-term care your child will need.

Do I Have A Birth Injury Case?

Not every birth injury is a result of doctor error or medical malpractice. To determine whether your child’s injuries were a result of negligence, the facts surrounding what occurred during the birthing process must be investigated thoroughly. We have the professional resources and knowledge to determine whether your baby’s condition was the result of a failure to act with the accepted standard of care.

As a medical professional, your doctor is responsible for monitoring and recognizing risk factors for cerebral palsy and taking specific actions to avoid hypoxia – the medical term for oxygen deprivation. If your doctor failed to act to prevent birth injury from occurring, it is possible to seek justice and compensatory damages through filing a birth injury lawsuit.

If certain decisions are made incorrectly, tragedy can result. For example:

If the infant is suffering from seizures, those involved in the birth must recognize and treat these seizures
If the fetus is in distress, the doctor must perform a Caesarean section (C-section) birth in a timely fashion.

There are other causes of failure such as the failure to detect a prolapsed umbilical cord or the improper use of delivery forceps or a vacuum extractor. Whatever the cause of your child's cerebral palsy, our New York cerebral palsy attorneys and lawyers will get to the bottom of it. Once the negligent parties are identified, we will work diligently to recover the financial compensation your child needs to live with dignity and comfort.

Hold Negligent Health Care Providers Accountable

If you believe that your child has cerebral palsy because of a medical error, it is important that you file a lawsuit. If you feel that your doctor could have prevented this birth injury, a legal action should be brought – within the time limits imposed. Your case must be filed in a timely fashion, within the statute of limitations in New York for medical malpractice cases. We can help you pursue a case quickly and efficiently.

The medical care for children and adults diagnosed with cerebral palsy can be financially and emotionally challenging. Cerebral palsy can require a lifetime of medical care to deal with the physical disorders. Your child may need to work with speech pathologists, occupational therapists, psychiatrists and physical therapists as well. Our lawyers have successfully resolved numerous cerebral palsy cases. We have also earned successful verdicts for our clients in trial.

Contact Our Trial Lawyers Today

Contact Rosenberg, Minc, Falkoff & Wolff, LLP in New York today if you think your child’s injuries were a result of medical error or negligence. Cerebral palsy cases must be developed carefully and presented professionally in court. Our trial lawyers are experienced, and we offer our services on a contingency fee basis – no legal fees unless we win. With a 95 percent success rate, you can be confident that we will do everything possible to seek justice and full compensation. Contact us to schedule a consultation.

Where do I start… As a client of a malpractice case, I did not know what to expect. However, the support from Rosenberg, Minc, Falkoff & Wolff Law firm made me feel at ease. The dedication, compassion, and overwhelming hard work that Gary Silverstein put in was undeniably AMAZING. Seeing how hard and diligent Gary worked on my case made me realize that I had the best team on my side. The support from the entire legal team was unbelievable. There were continuous updates, follow-ups, most importantly assurance of any concerns I had before and during my trial. In fact, during the trial Gary showed a vast form of knowledge, strategic and responsive thinking, and most importantly wisdom. His dedication was unbelievable, and not one time did I not feel involved. I am truly appreciative for all that Rosenberg, Minc, Falkoff & Wolff Law have done, but mostly I am appreciative of the amazing staff they have. Lorraine and Sharon played a big part in my case, and I am truly thankful for their support and hard work. I am truly happy to have been a client of Rosenberg, Minc, Falkoff & Wolff Law. I highly recommend them and will continuously refer them, Thank you RMFW!