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Has Your Loved One Been a Victim of Nursing Home Abuse or Negligence?
When a doctor, hospital, or medical professional makes a serious error, the consequences can affect the rest of your life. You went to a healthcare provider for help, and you deserved a standard of care that protected you.
Our compassionate and experienced legal team is currently investigating possible claims where medical institutions and professionals may have failed to properly care for you or your loved one. Start your free confidential case evaluation today by filling out the form here.
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Common Types of Medical Malpractice:
Medical errors take many forms, and they can happen in hospitals, outpatient clinics, surgical centers, and private practices alike. Some of the most common types of malpractice claims we see include:
- Misdiagnosis or delayed diagnosis: A condition is missed, misidentified, or caught too late, allowing it to progress and cause greater harm
- Surgical errors: Wrong-site surgery, unintended damage to surrounding tissue, or leaving instruments inside a patient
- Medication errors: Prescribing the wrong drug, the wrong dose, or failing to account for dangerous interactions
- Birth injuries: Harm to a mother or infant caused by errors during labor, delivery, or prenatal care
- Anesthesia errors: Improper dosing or failure to monitor a patient during a procedure
- Failure to treat: Diagnosing a condition correctly but failing to provide appropriate or timely treatment
Each of these situations can result in serious, lasting harm. If your condition worsened because of a medical provider’s error, that harm may be compensable under New York law.
What Your Case Needs to Succeed
Winning a medical malpractice case requires more than showing that something went wrong. Our medical malpractice attorneys need to demonstrate that the provider’s actions fell short of accepted medical standards and that this failure caused your injuries. Building that connection takes careful work.
The foundation of most successful malpractice cases includes:
- Medical records: Complete documentation of your treatment, diagnoses, test results, and provider notes
- Expert review: A qualified medical professional who can evaluate the standard of care and identify where it was breached
- Causation evidence: Clear documentation linking the provider’s error to the harm you suffered
- Damages documentation: Records of additional medical costs, lost income, and the impact on your daily life
- Timeline of events: A detailed account of what happened, when, and who was involved at each stage
Our in-house medical review team handles much of this evaluation internally. Having physicians, registered nurses, and former claims adjusters on staff means we can assess your records quickly and identify where the standard of care was not met.
A Devoted Advocate for Medical Malpractice Negligence Victims
Managing Partner, Joseph L. Ciaccio and our personal injury attorneys are deeply committed to protecting the rights of those affected by medical malpractice and negligence. With a strong history of fighting for justice in healthcare negligence, Joe has secured significant settlements and verdicts for victims and their families. As a key member of the Napoli Shkolnik team since 2011, Joe has successfully represented clients in medical malpractice cases involving healthcare negligence and substandard care.
Move forward with confidence knowing Joseph L. Ciaccio and our committed legal team at Napoli Shkolnik will seek justice against healthcare institutions to obtain the compensation and peace of mind you and your family deserves.
Joseph L. Ciaccio
Managing Partner
Frequently Asked Questions
When a healthcare provider’s negligence causes serious harm, the consequences can be devastating and life-altering. Victims deserve experienced legal representation from medical malpractice lawyers in New York City who understand both the medical and legal challenges of these cases. Below, some frequently asked questions we’ve encountered:
What is medical malpractice?
Medical malpractice or medical negligence is when a healthcare provider (a doctor, nurse, dentist, technician, hospital, or hospital worker) is negligent and doesn’t meet standard care, leading to patient harm.
What is considered medical malpractice?
Some examples of medical malpractice are:
- Performing surgery unnecessarily
- Surgical errors or “wrong site” surgeries
- Prescribing of the wrong medication or improper dosage
- Early discharge of patients (before they should actually home)
- Failure to perform proper aftercare or follow-up with patients
- Failure to capture correct patient history or ignoring health history patterns
- Failure to recognize symptoms present or presenting themselves
- Misdiagnosis
- Ignoring or misreading laboratory results that could negatively affect someone’s health
What aspect of medical malpractice is the most difficult to prove?
The most difficult aspect to prove in a medical malpractice case is that a healthcare provider acted intentionally when breaching the standard of care as accidents and poor outcomes can happen in the medical field. That does not mean that they are automatically medical malpractice.
What is Res Ipsa Loquitur?
In most medical malpractice cases, the injured patient bears the burden of proving that the healthcare provider was negligent. But in some situations, the nature of the injury itself is strong enough evidence that negligence occurred.
Under this doctrine, a plaintiff may be able to establish negligence without direct proof of a specific error if three conditions are met:
- The injury would not ordinarily occur in the absence of negligence
- The instrumentality that caused the harm was under the exclusive control of the defendant
- The patient did not contribute to the injury
When this doctrine applies, it can significantly shift the dynamics of a case and place pressure on the defense to explain what happened. An experienced medical malpractice attorney can evaluate whether your case may qualify for this argument and use it to strengthen your claim.
What steps should be taken after medical malpractice?
Experiencing medical malpractice can be overwhelming and stressful, but taking the right steps quickly can protect your health and preserve your legal rights. Acting promptly ensures that evidence is documented, your treatment is properly addressed, and any potential claim is not jeopardized.
Here are the key steps to take if you suspect you have been a victim of medical malpractice:
- Seek immediate medical care: Ensure your health and safety come first by getting proper treatment for any injuries caused or worsened by medical negligence.
- Document everything: Keep detailed records of your symptoms, treatments, medical devices used, medications, and any communications with healthcare providers.
- Gather evidence: Collect medical records, test results, bills, and any other documentation that can support your claim.
- Report the incident: Notify the hospital or medical provider about the issue, and consider filing a complaint with the state medical board if appropriate.
- Call an attorney ASAP: Contacting a knowledgeable medical malpractice attorney immediately is vital to protect your legal rights, meet strict filing deadlines, and ensure your case is investigated thoroughly by professionals who understand the challenges of medical negligence claims.
What information will help confirm a claim is possible?
You will want to gather as much information and records as possible to substantiate your claim. These may include:
- Medical records, including office visits, test results, surgery and hospital discharge reports and summaries, etc.
- Financial records of everything you spent and will have to pay because of the injury caused
- Witnesses that can attest to your experience
How can medical malpractice attorneys help?
A Napoli Shkolnik medical malpractice lawyer in New York City can help by:
- Providing a free evaluation your case: Assessing the details of your situation to determine if you have a valid medical malpractice claim.
- Gathering evidence: Collecting and analyzing medical records, expert testimony, and other evidence to build a strong case.
- Negotiating settlements: Working with the opposing party to negotiate a fair settlement on your behalf.
- Representing you in court: If necessary, our attorneys will represent you in court to ensure your rights are protected and help you get the compensation you deserve.
If you or a loved one has been harmed by medical negligence or missed/delayed diagnosis, contact Napoli Shkolnik via the form above for a free confidential case review.
Stay Informed. Stay Protected.
WE ARE YOUR MEDICAL MALPRACTICE ATTORNEYS
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At Napoli Shkolnik, our clients and their well-being always come first. With over 30 years of experience in handling mass torts, personal injury, and class action cases, we have built a full-service team to meet your needs. Our diverse group includes bilingual attorneys, paralegals, medical professionals, and nurses who are all committed to delivering exceptional legal representation and securing the best possible results for our clients.
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At Napoli Law, we understand that your legal matter is serious. We are committed to ensuring our clients receive the justice they deserve for their injuries. As a national law firm, we are here to support you and your family during difficult times.
If you believe you or a loved one have been affected by medical malpractice, don’t wait any longer. Fill out the form above and our legal team will provide a confidential no-obligation consultation to explore your legal options. Let’s work together to hold negligent healthcare institutions accountable and make a difference. Take the first step and claim your free consultation.
Principal Attorneys, L to R: Hunter J. Shkolnik, Marie Napoli, Paul J. Napoli
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Attorney Advising. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past outcomes mentioned on this site do not guarantee future results.
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