...

When You Need The Best

Medical Malpractice Lawyer in New York

## Understanding Medical Malpractice: Your Rights and Legal Options

At The Steiner Law Firm, PLLC, we understand the devastating impact medical malpractice can have on your life. As dedicated Personal Injury Lawyers serving clients throughout New York, we’re committed to helping you navigate the complex legal landscape of medical malpractice cases. Our team of experienced Accident Attorneys is here to protect your rights and fight for the compensation you deserve.

Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. This can include misdiagnosis, surgical errors, medication mistakes, or failure to provide appropriate treatment. As a victim of medical malpractice, you have the right to seek justice and compensation for your injuries, pain, and suffering.

Our mission at The Steiner Law Firm, PLLC is to provide compassionate, professional legal representation to those affected by medical malpractice. We believe in holding negligent healthcare providers accountable and helping our clients rebuild their lives after experiencing such a traumatic event. As your dedicated Personal Injury Law Lawyer, we’ll work tirelessly to ensure your voice is heard and your rights are protected.

## Navigating the Complexities of Medical Malpractice Law

Medical malpractice cases are often intricate and challenging, requiring a deep understanding of both medical and legal principles. As experienced Personal Injury Attorneys, we have the knowledge and resources necessary to build a strong case on your behalf.

When pursuing a medical malpractice claim, it’s crucial to establish that the healthcare provider breached their duty of care and that this breach directly caused your injuries. This often involves gathering extensive medical records, consulting with medical professionals, and conducting thorough investigations. Our team of Accident Lawyers is well-versed in these processes and will leave no stone unturned in building your case.

It’s important to note that New York has specific statutes of limitations for medical malpractice cases. Generally, you have 2.5 years from the date of the alleged malpractice to file a lawsuit. However, there are exceptions to this rule, such as cases involving foreign objects left in the body or continuous treatment. As your Injury Lawyer, we’ll ensure that all deadlines are met and your rights are preserved.

### Key Legal Considerations in Medical Malpractice Cases

When pursuing a medical malpractice claim, there are several key legal factors to consider. First, you must prove that a doctor-patient relationship existed at the time of the alleged malpractice. This establishes that the healthcare provider owed you a duty of care.

Next, you’ll need to demonstrate that the healthcare provider deviated from the accepted standard of care in your treatment. This often requires testimony from medical professionals who can explain what a competent healthcare provider would have done in similar circumstances.

Finally, you must show that the healthcare provider’s negligence directly caused your injuries and resulted in damages. These damages can include additional medical expenses, lost wages, pain and suffering, and loss of quality of life. As your Personal Injury Law Attorney, we’ll work diligently to quantify these damages and fight for fair compensation.

## The Importance of Specialized Legal Representation

When dealing with medical malpractice cases, having a specialized Personal Injury Lawyer by your side can make a significant difference in the outcome of your case. At The Steiner Law Firm, PLLC, we bring years of experience and a deep understanding of medical malpractice law to every case we handle.

Our team of Injury Attorneys has the resources and knowledge necessary to take on even the most complex medical malpractice cases. We work closely with medical professionals, investigators, and other experts to build strong, evidence-based cases for our clients. This comprehensive approach allows us to present compelling arguments and negotiate effectively on your behalf.

Moreover, as your Personal Injury Attorney, we understand the emotional toll that medical malpractice can take on you and your family. We’re committed to providing compassionate, personalized legal representation that addresses not only your legal needs but also your personal concerns throughout the process.

### Benefits of Choosing a Specialized Medical Malpractice Attorney

Opting for a specialized medical malpractice Injury Lawyer offers numerous advantages. First, we have an in-depth understanding of medical terminology and procedures, allowing us to effectively communicate with healthcare providers and interpret complex medical records.

Additionally, our experience in this field means we’re familiar with the tactics often employed by insurance companies and defense attorneys in medical malpractice cases. We can anticipate and counter these strategies, ensuring that your rights are protected and your case is presented in the strongest possible light.

Furthermore, as dedicated Personal Injury Attorneys, we have established relationships with medical professionals who can serve as expert witnesses in your case. These experts can provide crucial testimony to support your claim and demonstrate how the healthcare provider’s negligence caused your injuries.

## When to Seek Legal Help for Medical Malpractice

If you suspect that you or a loved one has been a victim of medical malpractice, it’s crucial to seek legal help as soon as possible. As your Accident Lawyer, we advise contacting us immediately if you’ve experienced any of the following:

Unexpected complications or worsening of your condition following a medical procedure

Misdiagnosis or delayed diagnosis that resulted in harm

Surgical errors, including wrong-site surgery or retained surgical instruments

Medication errors, such as incorrect dosage or drug interactions

Birth injuries resulting from negligence during pregnancy, labor, or delivery

Remember, the sooner you reach out to a Personal Injury Law Attorney, the better chance we have of preserving crucial evidence and building a strong case on your behalf. Many medical malpractice cases are time-sensitive, and delays in seeking legal help could potentially impact your ability to recover compensation.

### How The Steiner Law Firm, PLLC Can Help

As your dedicated PI Attorney, we’ll guide you through every step of the medical malpractice claim process. We’ll begin by conducting a thorough evaluation of your case, reviewing medical records, and consulting with medical professionals to determine if malpractice occurred.

If we determine that you have a valid claim, we’ll handle all aspects of your case, including:

Filing necessary legal documents within required deadlines

Gathering and preserving evidence to support your claim

Negotiating with insurance companies on your behalf

Representing you in court if a fair settlement cannot be reached

At The Steiner Law Firm, PLLC, we understand that dealing with the aftermath of medical malpractice can be overwhelming. That’s why we’re committed to providing compassionate, professional legal representation that puts your needs first. As your trusted Injury Attorney, we’ll fight tirelessly to ensure you receive the justice and compensation you deserve.

Personal Injury Practice Areas

Medical malpractice cases arise when healthcare professionals deviate from accepted standards of care, resulting in patient harm, and our experienced attorneys are dedicated to helping victims navigate these complex claims to secure the compensation they deserve.

Medical Malpractice

Premises liability cases arise when property owners fail to maintain safe conditions, leading to accidents such as slip and falls, inadequate security incidents, or injuries from hazardous conditions, potentially entitling victims to compensation for their damages.

Premises Liability

Car accidents can result in severe injuries, substantial medical bills, and long-lasting emotional trauma, making it crucial to seek experienced legal representation from The Steiner Law Firm, PLLC to protect your rights and pursue fair compensation for your losses.

Car Accidents

Truck accidents can result in devastating injuries and complex legal cases due to their size and the potential involvement of multiple parties, including trucking companies and insurance providers, making it crucial to seek experienced legal representation from The Steiner Law Firm, PLLC to navigate the complexities and secure fair compensation.

Truck Accidents

Motorcycle accidents can result in severe injuries due to the rider’s vulnerability, making it crucial to seek experienced legal representation from The Steiner Law Firm, PLLC to navigate complex insurance claims and secure fair compensation for medical expenses, lost wages, and pain and suffering.

Motorcycle Accidents

Pedestrian accidents can result in severe injuries or fatalities, often due to the vulnerability of individuals on foot when colliding with vehicles, and The Steiner Law Firm, PLLC is dedicated to helping victims navigate the legal complexities and secure fair compensation for their suffering.

Pedestrian Accidents

Limb loss, a devastating consequence of severe accidents or medical conditions, can profoundly impact a person’s quality of life, necessitating extensive medical care, rehabilitation, and often lifelong adjustments to daily living.

Limb Loss

Bicycle accidents can result in severe injuries, often due to the vulnerability of cyclists on busy roads, and The Steiner Law Firm, PLLC has the expertise to navigate complex cases, ensuring victims receive fair compensation for medical expenses, lost wages, and pain and suffering.

Bicycle Accidents

Bicycle accidents can result in severe injuries, including fractures, head trauma, and road rash, often due to motorists’ negligence or hazardous road conditions, making it crucial for victims to seek legal representation from The Steiner Law Firm, PLLC to protect their rights and pursue fair compensation.

Slip and Fall Accidents

Dog bites can result in serious injuries, including infections, scarring, and emotional trauma, making it crucial to seek legal representation from The Steiner Law Firm, PLLC to protect your rights and pursue fair compensation for medical expenses, lost wages, and pain and suffering.

Dog Bites

Construction accidents can result in severe injuries or fatalities due to hazards like falls, equipment malfunctions, or unsafe working conditions, making it crucial for victims to seek experienced legal representation to navigate complex liability issues and secure fair compensation for their suffering and losses.

Construction Accidents

Wrongful death cases are heartbreaking legal matters that arise when a person’s life is tragically cut short due to the negligence or intentional actions of another party, leaving grieving families to seek justice and compensation for their immeasurable loss through the legal system.

Wrongful Death

Burn injuries can result in severe physical and emotional trauma, often requiring extensive medical treatment and long-term rehabilitation, which is why seeking legal representation from The Steiner Law Firm, PLLC can be crucial in securing the compensation needed for a full recovery.

Burn Injuries

Product liability cases arise when defective or dangerous products cause injury or harm to consumers, holding manufacturers, distributors, and retailers accountable for ensuring the safety of their products in the marketplace.

Product Liability

Bus accidents can result in severe injuries due to the large size of the vehicle and potential for multiple victims, making it crucial to seek experienced legal representation to navigate complex liability issues and secure fair compensation for medical expenses, lost wages, and pain and suffering.

Bus Accidents

The Steiner Law Firm

NY Injury Attorneys

Victories

Medical Malpractice

$3,170,000.00

Premises Liability

$1,200,000.00

Trailer Collision

$900,000.00

Medical Malpractice

$700,000.00

Medical Malpractice

$500,000.00

Bouncer Too Rough

$400,000.00

Case Results

Medical Malpractice

$3,170,000.00

Premises Liability

$1,200,000.00

Trailer Collision

$900,000.00

Medical Malpractice

$700,000.00

Medical Malpractice

$500,000.00

Bouncer Too Rough

$400,000.00

Client Testimonials

We’re Here to Help

When facing Medical Malpractice proceedings, rely on The Steiner Law Firm, PLLC for dedicated representation. Discover why numerous New York clients choose our firm to navigate the complexities of their cases and pursue the justice they deserve.

New York Medical Malpractice Attorney

When you’re facing the aftermath of medical malpractice, you need a law firm that understands the complexities of these cases and has a proven track record of success. The Steiner Law Firm, PLLC in Ossining, NY, is your trusted partner in navigating the challenging terrain of medical malpractice claims. With years of experience representing clients throughout New York State, our dedicated team of attorneys possesses the knowledge and skills necessary to build strong cases against negligent healthcare providers. We understand the physical, emotional, and financial toll that medical errors can take on you and your loved ones, which is why we approach each case with compassion, diligence, and a commitment to securing the compensation you deserve. Our firm’s thorough understanding of medical procedures, standards of care, and relevant laws allows us to effectively investigate your case, gather crucial evidence, and craft compelling arguments on your behalf. We work closely with medical professionals and industry specialists to ensure that every aspect of your claim is thoroughly examined and presented in the strongest possible light. At The Steiner Law Firm, PLLC, we believe in open communication and personalized attention, keeping you informed and involved throughout the legal process. Our attorneys are always available to answer your questions, address your concerns, and provide the support you need during this challenging time. By choosing The Steiner Law Firm, PLLC for your medical malpractice case, you’re partnering with a team that has a deep commitment to justice and a proven ability to hold negligent healthcare providers accountable for their actions.

Contact our Medical Malpractice Attorneys at
914-758-1044

Common Questions about Medical Malpractice

What is medical malpractice in New York?
Medical malpractice in New York occurs when a healthcare provider fails to provide the accepted standard of care, resulting in injury or harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management. To establish a medical malpractice claim, you must prove that the healthcare provider’s negligence directly caused your injury or worsened your condition.

What is the statute of limitations for medical malpractice cases in New York?
In New York, the statute of limitations for medical malpractice cases is generally 2.5 years from the date of the alleged malpractice or from the end of continuous treatment by the party you’re suing for a particular condition, illness, or injury. However, there are exceptions, such as cases involving foreign objects left in the body or when the victim is a minor. It’s crucial to consult with a qualified attorney to understand how these deadlines apply to your specific case.

What types of damages can I recover in a medical malpractice lawsuit in New York?
In a successful medical malpractice lawsuit in New York, you may be able to recover various types of damages, including:

1. Economic damages: Medical expenses, lost wages, and future medical care costs.

2. Non-economic damages: Pain and suffering, loss of enjoyment of life, and emotional distress.

3. Punitive damages: In rare cases where the defendant’s conduct was particularly egregious.

Note that New York does not have a cap on medical malpractice damages, unlike some other states.

Do I need an expert witness for my medical malpractice case in New York?
Yes, in most cases, you will need an expert witness for your medical malpractice case in New York. New York law requires a “certificate of merit” to be filed with the initial complaint, which must be signed by an attorney stating that they have consulted with a qualified medical expert who believes there is a reasonable basis for the lawsuit. Additionally, expert testimony is typically crucial during trial to establish the standard of care and how the defendant deviated from it.

What is informed consent, and how does it relate to medical malpractice in New York?
Informed consent is the process by which a healthcare provider must inform a patient about the potential risks, benefits, and alternatives of a proposed treatment or procedure before obtaining the patient’s agreement to proceed. In New York, failure to obtain proper informed consent can be grounds for a medical malpractice lawsuit. If a patient can prove that they were not adequately informed about the risks and would have chosen differently had they known, they may have a valid claim even if the procedure itself was performed correctly.

Can I sue a hospital for medical malpractice in New York?
Yes, you can sue a hospital for medical malpractice in New York under certain circumstances. Hospitals can be held liable for the negligence of their employees, including nurses, technicians, and other staff members. They may also be responsible for systemic failures that lead to patient harm. However, many doctors are independent contractors rather than hospital employees, which can affect liability. An experienced medical malpractice attorney can help determine the appropriate parties to name in your lawsuit.

What is the “continuous treatment doctrine” in New York medical malpractice cases?
The continuous treatment doctrine is a legal principle in New York that can extend the statute of limitations for medical malpractice cases. Under this doctrine, the statute of limitations doesn’t begin to run until the end of a course of treatment for a particular condition, illness, or injury. This allows patients who are receiving ongoing care for a specific issue to delay filing a lawsuit without risking their claim being time-barred, as long as they file within 2.5 years of the end of the related treatment.

How does New York’s comparative negligence law affect medical malpractice cases?
New York follows a pure comparative negligence rule, which applies to medical malpractice cases. This means that even if you are partially at fault for your injuries, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you’re found to be 20% responsible for your injuries and the total damages are $100,000, you would still be able to recover $80,000. This system allows for a more nuanced approach to determining liability and compensation in complex medical malpractice cases.

What is a “certificate of merit” in New York medical malpractice cases?
A certificate of merit is a document required by New York law to be filed along with the initial complaint in a medical malpractice lawsuit. This certificate must be signed by the plaintiff’s attorney, stating that they have consulted with at least one licensed physician who is knowledgeable about the relevant issues in the case. The physician must provide a written opinion that there is a reasonable basis to believe that the defendant’s care fell below the accepted standard of medical practice, resulting in the plaintiff’s injuries. This requirement helps to discourage frivolous lawsuits and ensure that claims have merit before proceeding.

Can I file a medical malpractice lawsuit if I signed a waiver or consent form?
Signing a waiver or consent form does not automatically prevent you from filing a medical malpractice lawsuit in New York. While these forms may provide some protection for healthcare providers, they do not shield them from liability for negligence or substandard care. If you can prove that the healthcare provider deviated from the accepted standard of care and caused you harm, you may still have a valid claim. Additionally, if the waiver or consent form was not properly explained or if you were coerced into signing it, its validity may be challenged in court.

What is the role of medical records in a New York medical malpractice case?
Medical records play a crucial role in New York medical malpractice cases. They serve as primary evidence to establish the timeline of events, the care provided, and the decision-making process of healthcare providers. These records can help prove or disprove allegations of negligence, demonstrate the standard of care, and show the extent of injuries or damages. In New York, patients have the right to access their medical records, and obtaining these records is often one of the first steps in building a medical malpractice case. Expert witnesses will typically review these records to form their opinions about whether malpractice occurred.

How long does a medical malpractice lawsuit typically take in New York?
The duration of a medical malpractice lawsuit in New York can vary significantly depending on the complexity of the case, the willingness of parties to settle, and the court’s schedule. On average, these cases can take anywhere from 1 to 3 years from filing to resolution. Some cases may be settled relatively quickly through negotiations, while others may proceed to trial, which can extend the timeline. Factors that can affect the duration include the discovery process, expert witness testimony, pre-trial motions, and potential appeals. It’s important to work with an experienced attorney who can guide you through the process and work to resolve your case as efficiently as possible.

What should I do if I suspect I’ve been a victim of medical malpractice in New York?
If you suspect you’ve been a victim of medical malpractice in New York, take the following steps:

1. Seek immediate medical attention to address any ongoing health issues.

2. Request and gather all relevant medical records.

3. Document your symptoms, treatments, and any conversations with healthcare providers.

4. Avoid discussing your case with the potential defendants or their representatives.

5. Consult with an experienced medical malpractice attorney as soon as possible.

6. Follow your attorney’s advice regarding further steps, which may include obtaining expert opinions and filing a formal complaint.

Remember that time is of the essence due to the statute of limitations, so it’s crucial to act promptly to protect your rights and potential claim.

The Legal Ring Podcast