New York Medical Malpractice Lawyer
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Should I Get A personal injury Lawyer if i Suffer From Medical malpractice
Unfortunately, medical professionals’ negligence can lead to injuries or even fatalities for their patients. In New York City alone, the number of deaths resulting from medical malpractice is shockingly high. Recent data reveals an average of approximately 1,500 New York City residents lose their lives each year due to medical malpractice and negligence.
At Gabriel Legal, our team of experienced New York City medical malpractice lawyers is dedicated to representing individuals and their families in medical malpractice cases.
We have successfully handled a range of incidents, including surgery errors, mistakes by anesthesiologists, doctors, nurses, and healthcare specialists, medication errors, misdiagnoses, nursing home neglect and abuse, staph infections, gangrene, failure to follow medical directives and wills, and wrongful death cases.
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Understanding Medical Negligence
Medical professionals, including doctors, nurses, and pharmacists, are expected to possess extensive knowledge and provide a high standard of patient care. Errors made by these professionals can be considered negligent acts, as they are aware of the potential harm or even death they could cause. Patients place their trust in doctors and other healthcare providers, making them vulnerable to harm if an error occurs. While most medication errors are caught before they result in serious harm, there are instances where mistakes can have severe consequences for patients. Medical mistakes can lead to life-threatening adverse reactions, particularly for the elderly or individuals with compromised immune systems who may struggle to recover. If you or a loved one has suffered due to medical negligence, our dedicated team of medical malpractice lawyers is ready to advocate for your rights.
When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:
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Financial Losses
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Personal Losses
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Punitive Damages
Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.
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How Medication Mistakes Are Made
Among the various types of mistakes made in healthcare, medication errors are prevalent and have significant consequences. Medication mistakes can happen in several ways, including prescribing the wrong medication or providing incorrect dosage instructions. Negative drug interactions with other medications a patient is taking can also contribute to medication errors.
Medication errors can occur when doctors prescribe the wrong type of medication or make errors in dosage instructions. Pharmacists may also contribute to medication mistakes when filling prescriptions. Patients or caregivers can inadvertently administer the wrong dosage or fail to provide medication correctly.
Physicians and pharmacists bear the responsibility of ensuring that the medications they provide are appropriate in type and dosage. Caregivers play a crucial role in assisting patients with medication administration and preventing medication mix-ups.
Seeking Legal Recourse: Medical Malpractice Lawyers on Your Side
If you or a loved one has suffered harm due to a medication error, it is important to seek the expertise of a medical malpractice lawyer. Our dedicated team of medical malpractice lawyers is committed to advocating for victims of medication errors.
Medical Malpractice Cases New York City Are Complex
Experiencing doubt about the competence of doctors when facing the loss of a loved one in their care is understandable. However, it’s important to note that not all negative outcomes are automatically attributed to medical negligence. If you or your family suspect that you may be a victim of medical malpractice, seeking the guidance of Gabriel Legal is highly recommended.
As New York City medical malpractice lawyers, our team at Gabriel Legal ensures that two crucial components are satisfied for a medical malpractice lawsuit to proceed. These components include the failure to meet the standard of care applicable to the situation, and a direct connection between the medical treatment provided and the resulting injury or death. Proving the existence of these components in a case can be challenging.
The advantage lies in our team of knowledgeable and experienced attorneys who specialize in successfully proving and litigating such cases. We go to great lengths to ensure that all the necessary criteria are met, striving to deliver proper justice and securing the highest possible compensation for every medical malpractice victim.
Discovery Is Important
Once a medical malpractice lawsuit is initiated, the parties involved typically proceed with the process of “discovery.” This phase encompasses various activities such as sending written interrogatories that require sworn responses, requesting the production of relevant documents, and conducting depositions. Depositions involve sworn testimony given by individuals before a court reporter. It is crucial to promptly engage in the discovery process instead of delaying it.
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Importance of Discovery in Medical Malpractice Cases
The significance of diligent discovery becomes evident in a notable case, Preferred Women’s Healthcare, LLC v. Sain (2019), decided by the New York State Court of Appeals. The case revolved around a doctor who provided prenatal care to a woman and performed sonograms revealing a large and complex mass in her abdomen. However, the doctor failed to document this finding in the woman’s medical records or refer her for further examination. Later, after giving birth, the woman sought treatment for abdominal pain, leading to the discovery of a metastasized cancerous mass. Tragically, the woman passed away in 2012.
The Medical Malpractice Lawsuit and Discovery
In 2014, the woman’s estate filed a lawsuit against the doctor and his medical practice. However, it wasn’t until 2017 that her lawyers deposed the sonographer who conducted the sonograms in 2012. Remarkably, the sonograms contained an initial indication that another doctor had reviewed them but failed to include them in the woman’s medical record. Subsequently, the woman’s estate sought to add the second doctor as a defendant, but the court deemed that the estate had waited too long. The amendment to the lawsuit, which added the second doctor as a defendant, was barred by the statute of repose since it was filed more than five years after the occurrence of the malpractice.
Insurance Companies Will Not Look Out For You – New York City Medical Malpractice Lawyers Will
Insurance companies are primarily driven by profit, and their claims adjusters are trained to discourage individuals from pursuing their claims, often asserting that the claims have no validity. However, at Gabriel Legal Injury Lawyers, we always prioritize your best interests. If there is a potential case, we will thoroughly investigate to determine if medical malpractice has occurred. Our approach involves consulting with medical experts, advocating for your rightful compensation, and ensuring that you receive the highest standard of medical care in the future.
If you believe you have been a victim of medical negligence or malpractice due to errors by a physician, hospital, or nursing home, it is crucial to seek advice from a reputable medical malpractice lawyer in New York City. Contact Gabriel Legal at (212)-463-8888 to schedule a consultation and discuss your case.
Determining Liability in an New York Personal Injury Claim
Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.
It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.
By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.
The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.
It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.
Overview of the Personal Injury Lawsuit Process
It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:
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Initial Consultation
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Case Investigation
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Filing Court Documents
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The Discovery Process
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Pre-Trial Litigation and Motions
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Trial
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Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.