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 City Municipal Hospital Malpractice Attorneys

Municipal hospitals are distinct from regular private hospitals in that they are administered by city officials. They are government hospitals and like many other government entities, they follow slightly different procedures when it comes to legal disputes and claims of wrongdoing.

At Rosenberg, Minc, Falkoff & Wolff, LLP, our New York City medical malpractice lawyers have handled numerous claims against NYC municipal hospitals. We can help you whether your or your loved one's injury is the result of an individual doctor or medical professional's negligence, or if hospital procedures as a whole contributed to malpractice.

Experienced NYC Medical Malpractice Lawyers With A Record Of Success

Our attorneys and our in-house staff of investigators and subject matter experts collaborate on every medical negligence case. This sophisticated experience gives weight to our cases when they are professionally and persuasively presented in settlement negotiations or courtroom proceedings. As a result, we have recovered substantial verdicts and settlements for deserving injury victims throughout the boroughs of New York.

Manhattan: Bellevue Hospital, Harlem Hospital, Metropolitan Hospital
The Bronx: Jacobi Hospital, Lincoln Hospital
Brooklyn: Kings County Hospital, Cumberland Hospital
Queens: Elmhurst Hospital, Queens General Hospital

Meet These Crucial Deadlines

There are specific requirements when filing a lawsuit against a municipal hospital in New York. They relate to statutes of limitations and what entities must be notified of the claim. If you fail to file your claim within the specified time limit, you may be unable to file one at all.

An adult injured at a municipal hospital has 90 days from the time of the injury to file the claim. Claims for injured children are more relaxed, allowing for claims to be filed until three years past the injured minor's 18th birthday. Action must be taken within 10 years from the date of the incident that caused the child's injury.

Be Prepared For Your Notice Of Claim And Pre-Action Hearing

Legal action must also be brought in the county where the medical malpractice occurred. A "Notice of Claim" must be filed, however, before an injury victim can officially bring a lawsuit against a government agency. This notifies the New York City Health & Hospitals Corp (NYCHHC) of the potential claim, and gives them the opportunity to review the details of the claim.

As the claimant, you will be required to attend a pre-action hearing (also known as a 50-h hearing). The pre-action hearing takes place outside of the courtroom but information collected during it can be used at trial.

Do Not Waste Another Moment — Have Your Questions Answered During A Free Consultation

Your best chance at recovering maximum compensation in a medical malpractice lawsuit starts with early involvement from a qualified and capable attorney. Our team is here to answer your questions and ensure no pertinent detail is overlooked, so you have the greatest opportunity for success.

Contact our lawyers by calling 212-344-1000or reach us online via email to arrange a free case evaluation.

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!