Medical Malpractice Attorney
New York Birth and Brain Injury Attorney
Everyone makes mistakes. However, when a doctor or nurse or other health care provider makes a mistake, and does not adhere to the required standard of care, the results can be devastating – and New York law steps in to help victims and their families. Medical malpractice lawyers, unfortunately, have seen horrific and irreversible results from the most minor of health care decisions or medical procedures – consequences that may or may not be immediately identified. You don’t always know there’s been a medical mistake at the time that it happens.
$12 Million jury verdict for a 65 year old man after a hospital’s failure to treat a gastrointestinal disorder which led to a ruptured esophagus. His entire esophagus had to be replaced, and the quality of his life and health was severely affected.
Under medical malpractice law, medical errors legally become medical negligence, or malpractice, when the error is below the “accepted standard of care” in the community where the doctor, or other provider, is located.
Medical negligence, or malpractice, allows money damages for pain and suffering, medical expenses, and other types of compensation. Medical malpractice lawyers work with victims and their families in pursuing claims both in and out of the courtroom to insure that their medical malpractice remedies under current New York law are promptly identified and demanded.
Medical malpractice, sometimes referred to as medical negligence, is a legal term used to define substandard care by a health care provider. If you have been a victim of medical malpractice, you may be entitled to financial compensation. Please contact New York medical malpractice attorney Mark L. Bodner for your free consultation.
What is this "acceptable standard of care"?
New York’s medical malpractice laws provide money damages to anyone who is harmed by any medical professional, such as a doctor, nurse, dentist, pharmacologist, technician, nursing home or staff, hospital, hospital worker, or other health care provider, who makes an error that falls below the standard of practice and thereby harms a patient.
Doctors are held to meet a minimum standard of practice for their local area. Each health care professional will have his or her activities measured in comparison with his or her peers in the same geographical region.
Has there been medical malpractice?
When there is an unfortunate result, it is important to know if medical malpractice is involved. If it is, then you and your loved ones have a legal claim for justice under New York malpractice laws. For some families, it is very clear that an error in health care has taken place, or that a routine procedure has turned into a fatal injury. Some malpractice mistakes are obvious to everyone: for example, giving penicillin to someone who is known to be allergic, or amputating the wrong limb.
Regrettably, medical malpractice lawyers have also experienced situations where claims were not immediately recognized. Occurrences of medical malpractice are not always obvious to the average person. For example, an illness or injury may appear sometime after childbirth or surgery, and no one in the family suspects a connection between the two.
An experienced medical malpractice attorney and appropriate medical experts, however, can conduct a thorough analysis of the case. Together, they can determine whether or not there is medical malpractice. It is therefore very important that any suspicion of medical error, no matter how remote, be investigated.
What are some examples of medical malpractice?
There are many different types of medical malpractice:
- Wrongful Death
- Severe Birth Injuries - Cerebral Palsy, Erb's Palsy, Shoulder Dystocia
- Failure to diagnose.
- Failure to treat properly
- Diagnosing an incorrect condition
- Pursuing the wrong treatment
- Failure to diagnose cancers such as breast cancer, prostate cancer, lung or colon cancer
- Failure to order necessary tests
- Failure to properly evaluate test results
- Improper prescriptions of drugs
$5.25 Million settlement for the family of a 50 year old executive who bled to death during a hospital admission leaving a wife and two grown children.
Are You or a Loved One a Victim of Medical Malpractice?
There can be no clear answer to this question, in many instances. Unless the medical error is obvious, an expert in medical care will need to help you in determining (1) whether or not there may have been a serious medical error in the eyes of health care experts, and (2) whether New York law will hold this error to be medical malpractice for which you may receive compensation.
New York Medical Malpractice Attorney Mark L. Bodner Can Help
New York brain injury lawyer Mark L. Bodner is a medical malpractice lawyer with 25 years of experience fighting for the rights of patients and families who have suffered serious injury by medical professionals. He has obtained record verdicts and settlements under New York medical malpractice law for his clients - proof of his extraordinary expertise and dedication.
Over his years of practicing medical malpractice law, New York birth injury attorney Mark L. Bodner has built decades of experience in dealing with uncooperative doctors and staff, deciphering the complexities of medical malpractice statutes and case law, communicating in technical jargon with various medical experts, and working with victims and their families with compassion and empathy.
Don’t wait until it is too late: there is a legal deadline for filing a medical malpractice claim that must be met — fall outside the deadline, and your claim will be barred.
If you or someone you love may have been injured by medical malpractice or negligence, please feel free to call the New York City cerebral palsy and injury lawyers at Mark L. Bodner at 212-486-3000 for your FREE consultation.