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.

NYC Hospital Medical Malpractice

The New York City municipal hospitals are technically known as New York City Health and Hospitals Corporation. This entity comprises several municipal hospitals operated by the city of New York. Some examples include the Bellevue Hospital and Harlem Hospital near Manhattan, Jacoby Medical Center and North Central Bronx Hospital in the Bronx, Kings County Hospital in Brooklyn, and Elmhurst Hospital in Queens, in addition to many others in each borough.

Standard of Care in NYC Municipal Hospitals

The legal standard of patient care applies in the same way to municipal hospitals as to private hospitals in New York City. Although the hospital does not guarantee an outcome for a patient, it must provide an acceptable level of patient care consistent with good and accepted medical practice. If the hospital staff or hospital’s management deviates from this standard of patient care, resulting in harm to a patient, they can be held liable for medical malpractice damages.

New York City Health and Hospitals Corporation is responsible for the behavior and medical treatment of the personnel, such as the physicians' nurses and medical staff in their hospitals. It is extremely important for a patient that feels they were improperly treated at a New York City hospital to contact an experienced medical malpractice lawyer as soon as possible to protect their rights.

Statute of Limitations for New York City Municipal Hospitals

In New York City, there is a major difference between bringing a medical malpractice claim against a municipal hospital compared to a private hospital. If the patient fails to file what’s known as a notice of claim with the proper municipal representative within 90 days from the date of injury or the last date of continuous treatment, they will likely have forfeited any right to bring a claim.

This is a severe rule, legally known as a statute of limitations relating to New York City municipal hospitals. This is completely different from the statute of limitations for private hospitals in New York State. For example, at a private hospital such as Mount Sinai, the statute of limitations in New York State would be 2½ years to bring a personal injury claim or two years to file a claim of wrongful death.

Regarding the stringent 90-day rule for NYC municipal hospitals, there are a few exceptions. But it is very difficult to get an extension because you must bring be able to show a valid cause for filing a late notice of claim.

Therefore, it doesn’t matter how good your claim is or how serious your injuries are after 90 days because then you may have no right to bring a claim to New York City. It’s crucial to be aware of this severe restriction on the rights of patients.

NYC Municipal Hospital Claim Requires 50 H.Hearing

A key part of the legal process for bringing a claim for medical malpractice against a New York City municipal hospital is that the patient must appear before a 50 H hearing where they are questioned before commencing the lawsuit. At this hearing, which can take place at the office of an attorney for the hospital, you will be questioned about the incident of the claimed malpractice.

You will also be questioned about your general health, personal and spouse’s employment, and social activities as they relate to your claim to injury. You are technically allowed to have an attorney present but there are limited objections. It is not like a full-court proceeding, but you should know that your testimony will be recorded and may be used against you at a later time in the proceedings.

This 50 H hearing is scheduled after you or an experienced medical malpractice lawyer in New York City files a notice of claim on your behalf. Like any NY medical malpractice case, before filing, the law requires that you obtain and prepare a notice of medical malpractice. The law also requires that you consult with a physician and obtain an opinion that they believe medical malpractice was committed before commencing a case.

The New York City municipal hospitals have their legal department with attorneys trained in the law of medical malpractice. They or prepared to defend the hospital and try and defeat your claim. It can be extremely difficult for any citizen, let alone an attorney not trained in medical malpractice law to bring a successful malpractice case against an NYC municipal hospital.

This is why you must choose a highly experienced New York City medical malpractice law firm. The law firm of Rosenberg, Minc, Falkoff & Wolff, LLP has brought hundreds of medical malpractice claims against New York City hospitals in major medical specialty areas, such as childbirth malpractice, surgical malpractice, failure to diagnose, and delay in diagnosing cancer.

Top-Rated NYC Law Firm for Medical Malpractice against Municipal Hospitals

The law firm of Rosenberg, Minc, Falkoff & Wolff, LLP in New York City has had immense success obtaining hundreds of millions of dollars in compensation for patients in medical malpractice cases against the New York City Health and Hospitals Corporation. Our medical malpractice attorneys have decades of experience in medical malpractice and have filed hundreds of claims over the years.

Our New York City personal injury law firm has been successful in patient compensation for medical malpractice against Kings County Hospital, claims against Bellevue Hospital, and has won millions against Elmhurst Hospital on behalf of patients.

An important reason to be represented by a top-rated and experienced medical malpractice lawyer is the fact that it helps in bringing the negligent parties quickly to the negotiating table. When our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP file a medical malpractice case for our clients, it becomes quickly apparent that the at-fault parties will have to settle as has happened hundreds of times in the past.

Our dedicated medical malpractice lawyers will guide you and get your case reviewed by a medical expert and be thoroughly prepared so that your case becomes a winner and you get your rightful compensation.

If you’ve been the victim of medical malpractice due to treatment in New York City hospitals, we strongly recommend you consult with our skilled and trusted NYC medical malpractice lawyers. In the case of our law firm, we never charge a fee to clients on a medical malpractice case unless our client is compensated. Our clients pay nothing upfront and we never ask for payment of expenses that we advance to prepare our clients claims.

In these types of cases, our NYC medical malpractice attorneys are likely to spend an average of $15,000 to $30,000 in consulting with experts and preparing your case. If the case goes to trial and it’s not settled, these expenses could exceed $30,000 as many experts will charge over $10,000 just to appear in court. You do not have to pay anything unless we obtain compensation for you.

Give us a call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online to request a free and confidential case evaluation with our medical malpractice attorneys in New York City.

Listed Below is a list of The New York City municipal hospitals for your convenience:

List of articles in category NYC Hospital Medical Malpractice
Title
Bellevue Hospital Center Medical Malpractice Attorneys
Brookdale Hospital Medical Center Hospital Negligence Attorneys
Brooklyn Hospital Center Medical Malpractice Attorneys
Calvary Hospital Medical Malpractice Attorneys
Coney Island Hospital Medical Malpractice Attorneys
Elmhurst Hospital Center Medical Malpractice Lawyers
Interfaith Medical Center Hospital Negligence Attorneys
James J. Peters VA Medical Center Hospital Negligence Attorneys
Kingsbrook Jewish Medical Center Hospital Negligence Attorneys
Kings County Medical Center Hospital Negligence Attorneys

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