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Medical Malpractice Attorneys
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Medical Malpractice Attorneys
Why Do Medical Malpractice Victims Choose Napoli Shkolnik?
Victims of medical malpractice in New York City have many options when it comes to legal representation, but not every law firm has the resources and experience to take on challenging healthcare negligence cases and win. Napoli Shkolnik has built a reputation as one of the most trusted and results-driven medical malpractice law firms in New York, and our clients choose us for a number of reasons:- Over $20 billion recovered for victims: Our personal injury law firm has secured more than $20 billion in verdicts and settlements on behalf of injured clients across a wide range of cases, reflecting our commitment to pursuing maximum compensation from the insurance company.
- Over 150 years of combined legal experience: Our legal team brings more than 150 years of combined legal experience to the table, giving our clients the benefit of deep legal knowledge and a thorough understanding of how NYC medical malpractice cases are built, litigated, and won.
- Tens of thousands of clients served: We have represented tens of thousands of clients over the course of our firm's history, meaning we have the breadth of experience to handle cases of all sizes and levels of complexity.
- Helping victims for decades: Since opening our doors, Napoli Shkolnik has been a tireless advocate for victims of negligence, growing into one of the most recognized plaintiff law firms in the country.
- Free case evaluations: Our personal injury lawyers offer a free case review to every potential client, so you can get honest, straightforward answers about your legal options with no financial commitment and no obligation to move forward.
How Is Medical Malpractice Proven?
Proving medical malpractice involves demonstrating the following elements:- Duty of care: Establishing that the healthcare provider owed a standard of care to the patient.
- Breach of duty: Showing that the healthcare provider breached this duty by deviating from the accepted standard of care.
- Causation: Proving that the breach of duty directly caused the patient's injury or harm.
- Damages: Demonstrating that the patient suffered quantifiable damages as a result of the injury or harm.
Types of Medical Malpractice Cases
Medical malpractice can take many forms, and negligence can occur at any point during a patient's care, from an initial consultation through surgery, recovery, and beyond. At Napoli Shkolnik, our NYC medical malpractice lawyers handle a wide range of cases and have the experience and resources to pursue compensation no matter how challenging the circumstances. Some of the most common types of medical malpractice cases we handle include:- Birth injuries: When medical professionals fail to properly monitor a mother or child during labor and delivery, the consequences can be catastrophic and lifelong. Birth injuries caused by negligence may include nerve damage, brain damage, oxygen deprivation, fractures, and other conditions.
- Cerebral palsy: Cerebral palsy and Erb's palsy are conditions that can result from a negligent birth. These conditions are the result of a preventable medical error; families may be entitled to significant compensation.
- Failure to diagnose: When a doctor fails to identify a condition that a reasonably competent physician would have caught, the delay can allow a serious illness to progress to a far more dangerous stage. Failure to diagnose cases commonly involves cancer, heart disease, infections, and other conditions.
- Incorrect diagnosis: Being diagnosed with the wrong condition can be just as harmful as receiving no diagnosis at all. An incorrect diagnosis can lead to unnecessary treatments, harmful medications, and a continued deterioration of the patient's actual underlying condition.
- Medication errors: Medication errors can occur at multiple points in a patient's care, including when a doctor prescribes the wrong drug or dosage, when a pharmacist fills a prescription incorrectly, or when a nurse administers the wrong medication.
- Anesthesia errors: Mistakes made in the administration of anesthesia before, during, or after a procedure can have severe and sometimes fatal consequences. These errors include administering too much or too little anesthesia, failing to monitor a patient's vital signs, or not properly reviewing a patient's history.
- Surgical errors: Negligence in the operating room can take many forms, including operating on the wrong body part, perforating or damaging surrounding tissue, leaving surgical instruments inside a patient, or failing to properly sterilize equipment.
Compensation Available in a Medical Malpractice Lawsuit
When a healthcare provider's failure to meet the standard of care causes serious harm, victims in New York have the right to pursue compensation through a medical malpractice claim. At Napoli Shkolnik, our medical malpractice lawyers in New York City understand the full scope of damages that victims and their families may be entitled to recover, and we fight to make sure nothing is left on the table. Medical malpractice law in New York recognizes both economic and non-economic damages, and the value of any given case depends on the nature and severity of the harm caused by the medical error.- Medical bills and future medical expenses: Victims of medical negligence are often entitled to recover the cost of all medical treatment made necessary by the healthcare provider's error, including hospital stays, surgeries, rehabilitation, ongoing therapy, and any future care that will be required as a result of the injury.
- Lost wages and loss of earning capacity: When a medical error leaves a victim unable to work, either temporarily or permanently, they may recover compensation for the income lost during recovery as well as the long-term impact on their ability to earn a living.
- Pain and suffering: New York medical malpractice claims allow victims to seek compensation for the physical pain and emotional distress caused by a medical professional's negligence. These damages reflect the very real human toll of medical errors, which can upend every aspect of a victim's life.
- Emotional distress: Beyond physical pain, victims of medical negligence often experience significant psychological harm, including anxiety, depression, and trauma stemming from their injury and the circumstances surrounding it.
- Wrongful death damages: When medical errors result in the death of a patient, surviving family members may be entitled to pursue a wrongful death claim. These damages can include funeral and burial expenses, loss of financial support, loss of companionship, and the emotional distress suffered by the family.
How Can a Medical Negligence Attorney in NYC 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.
How Can I Afford a Lawyer?
Many victims of medical malpractice are out thousands in medical bills and often have future medical expenses since their health care provider failed to heal them. At Napoli Shkolnik, we understand this challenging financial predicament. We operate on a contingency fee basis, meaning you do not pay any legal fees unless we win your case. This arrangement ensures that anyone, regardless of their financial situation, can afford to pursue justice. You will not be responsible for any upfront costs, and we will cover all expenses related to your case, working towards a successful resolution. Whether you or a loved one has suffered as a result of a delayed diagnosis, medical device issues, foreign objects, or brain damage, we're here to help.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
Statute of Limitations for Medical Malpractice in New York State
The statute of limitations is one of the most critical factors in any medical malpractice case, and missing a filing deadline can permanently bar you from recovering compensation, no matter how strong your case may be. In New York, the statute of limitations for medical malpractice claims is generally two and a half years but the timeframe can vary on many different factors, and could be shorter, which is why it is so important to speak to an attorney. It is critical to speak with a medical malpractice attorney as soon as possible after an injury occurs or is discovered. The sooner a medical malpractice lawyer in New York City gets involved, the sooner your legal team can begin preserving evidence, securing medical records, and identifying witnesses before critical details are lost or destroyed.Steps to Take 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.
Get a Free Case Evaluation With a New York City Medical Malpractice Lawyer
If you or a loved one has been harmed by medical negligence, do not wait to get the legal help you need from a medical malpractice lawyer in New York City. Napoli Shkolnik is a nationally recognized law firm, well-known for high-profile cases and multi-million-dollar results. Whether you have suffered from a medical provider's failure to diagnose, brain damage, or lack of informed consent, we can help. Our clients are not just case numbers to us, and that philosophy is reflected in the results we have achieved and the tens of thousands of people we have been proud to serve. Contact our team today to schedule your free case evaluation with a New York City medical malpractice attorney. We will listen to your story, review the facts of your situation, and give you clear, honest guidance on your legal options with no obligation and no upfront cost.
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