The medical malpractice lawyers at Jaroslawicz & Jaros have been representing New Yorkers and their families who have suffered injuries as a result of medical malpractice for over 40 years.
Medical malpractice is defined as the negligence of a physician, pharmacist or other medical professional during treatment of a patient which results in an injury. If you feel that you have been the victim of medical malpractice then it is important to consult a qualified medical malpractice attorney.
Medical malpractice lawsuits are typically handled through the State courts and, if not settled, the case will be heard before a jury, which will decide if medical malpractice was proven and whether any damages should be awarded.
The firm of Jaroslawicz & Jaros has represented many plaintiffs who suffered injuries as a result of the negligence of doctors, nurses and hospitals under various and diverse circumstances. Some of our cases include providing the wrong medication or at the wrong dosage, issues with anesthesia, surgical mistakes, failures to properly diagnose whether in a doctor’s office or in an emergency room, improper bone or other biopsy, failure to diagnose cancer, birth injuries caused during pregnancy or delivery, gastric bypass surgery complications, foreign objects left inside the patient’s body and many other fact patterns.
Settlements and verdicts
Abraham Jaros obtained the first-ever million-dollar verdict in Sullivan County, New York, in a medical malpractice case for a woman who partially lost her voice as a result of a tube left in her throat for too long.
Abraham Jaros also obtained the first-ever two-million-dollar verdict in Albany County, New York, in a medical malpractice case for a woman who died during childbirth.
Some of the other verdicts and settlements that we have obtained in medical malpractice cases are:
- $4 Million settlement for a child who suffered brain damage from an undiagnosed infection.
- $4 Million settlement for the estate of a woman who died after undergoing elective gastric surgery.
- $3.7 Million settlement for a middle-aged male for injuries suffered when his doctors failed to monitor and protect the blood supply to his spinal cord during surgery.
- $3.5 Million in settlement for a 48-year-old man who suffered a brain injury when the hospital emergency room failed to timely diagnose meningitis.
Our firm has helped shape new york medical malpractice law
The team of New York medical malpractice attorneys at Jaroslawicz & Jaros is proud to have been involved in many cases that have been decided by the higher courts on various appeals that have helped shape and define the law of medical malpractice in the state of New York.
David Jaroslawicz, of Jaroslawicz & Jaros, wrote the brief and argued before the highest court in the state of New York — the New York Court of Appeals — that helped to develop the law concerning infants and the statute of limitations for a medical malpractice action in the case of Daniel J. v. New York City Health & Hosp. Corp., Court of Appeals of New York, 77 N.Y.2d 630; 569 N.Y.S.2d 396. The court found that the statute of limitations for a medical malpractice action provided that where the action accrued during infancy, the extension was limited to 10 years from the time of accrual, and not from the end of the infant’s continuous treatment.
David Jaroslawicz of Jaroslawicz & Jaros wrote the brief and argued before the New York Court of Appeals that helped develop the law in the case of Caffaro v. Trayna, Court of Appeals of New York, 35 N.Y.2d 245; 360 N.Y.S.2d 847. The court found that in a medical malpractice action for pain and suffering, an amendment to the complaint to add a cause of action for wrongful death was allowed despite the expiration of the limitations period because the amendment related back to the date of the complaint.
David Jaroslawicz, of Jaroslawicz & Jaros, was successful in a medical malpractice case in Artale v. Thorpe, 03 Civ. 4028 (JSR) United States District Court for the Southern District of NY. The Court found that in asserting medical malpractice, the patient sufficiently stated that because of an improper diagnosis and stent placement, she was required to undergo frequent tests, examinations, and monitoring, at an increased cost and emotional distress.
David Jaroslawicz, of Jaroslawicz & Jaros, also wrote the brief and developed the law of the statute of limitations in the case of Daniel J. v. New York City Health & Hosp. Corp., No. 3422E, Supreme Court of New York, Appellate Division, Second Department, 160 A.D.2d 940; 554 N.Y.S.2d 663. The court found that the Supreme Court did not err in allowing the infant petitioner to file a late notice of claim against the hospital where the maximum 10-year toll for infancy had not elapsed because the application was submitted within 10 years after his last treatment.
Because medical malpractice litigation requires that experts be retained to properly support the case, including medical professionals as experts to prove liability — who are doctors with expertise in the field who can opine as to the proper medical treatment that should have been provided — as well as doctors, rehabilitation experts and economists who can explain the severity and extent of the injury and any loss of earnings or future earning capacity to the court and a jury. It is important to retain a law firm that has the experience in the field as well as the financial ability to retain the proper experts to both consult with and to testify on your behalf, should your case proceed to trial.
If you or a loved one suffered a serious physical injury as a result of medical malpractice and are in need of legal assistance, call the experienced lawyers at Jaroslawicz & Jaros to find out if you are entitled to compensation. The clients we represent benefit from the personal attention of our knowledgeable and experienced personal injury and wrongful death attorneys