NYC Medical Malpractice Lawyer
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- 1.0.1 SETTLEMENTS AND VERDICTS
- 1.1 OUR FIRM HAS HELPED SHAPE MEDICAL MALPRACTICE LAW IN NEW YORK
- 1.2 WE HANDLE ALL TYPES OF MEDICAL MALPRACTICE CASES
- 1.3 WE HAVE THE EXPERIENCE AND RESOURCES TO WIN
- 1.4 What are the steps when filing a medical malpractice lawsuit?
- 1.5 What are the most common medical malpractice cases in New York City?
- 1.6 CONTACT US TODAY FOR A FREE CONSULTATION
The medical malpractice attorneys at the firm of Jaroslawicz & Jaros have been representing New Yorkers and their families who have suffered injuries as a result of medical malpractice for over 45 years.
For a free consultation, contact us today. Call us at 917-842-9544, or fill out our online questionnaire. Our lawyers are ready to answer your questions and help you hold the responsible parties accountable for medical negligence.
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 obtained the first-ever multimillion-dollar verdict in Albany County, New York, in a medical malpractice case for a woman who died during childbirth.
- $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.
These are just some examples of the verdicts and settlements that we have obtained in medical malpractice cases over the years.
OUR FIRM HAS HELPED SHAPE MEDICAL MALPRACTICE LAW IN NEW YORK
The firm of Jaroslawicz & Jaros is proud of the fact that it has 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.
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 New York. 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 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 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.
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 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.
WE HANDLE ALL TYPES OF MEDICAL MALPRACTICE CASES
The firm of Jaroslawicz & Jaros is presently representing many persons who have 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 or surgery, failures to properly diagnose whether in a doctor’s office or in an emergency room, improper bone or other biopsy, failure to diagnose cancer and many other fact patterns.
The attorneys at Jaroslawicz & Jaros have handled many cases involving persons who suffered serious injuries and complications, including death, after having gastric bypass surgery performed. Obesity is a serious issue in the United States, and gastric bypass surgery is becoming ever more popular. Unfortunately, many doctors performing this surgery do not have the necessary experience and training to avoid and diagnose surgical and post-surgical complications.
As a result, many patients have suffered serious injuries and many others have lost their lives as a result of those complications. Our medical malpractice lawyers recognize the pain and suffering these patients and their families go through and we work tirelessly to hold the negligent doctors and hospitals accountable for this egregious conduct.
If you or your loved one has been injured, contact our malpractice lawyers today for a free consultation.
How long do you have to file a medical malpractice suit in New York?
In New York, an injured patient has two years from the incident to file a lawsuit. If the victim dies, then his or her spouse can file within one year after learning of death and within three years after the event. An attorney must be hired before any such claim is filed. Medical malpractice attorneys in New York also have up to one year after the incident to file a medical malpractice claim. Victims are entitled to statutory damages in addition to pain and suffering. A victim’s time limit depends on when he or she discovers that medical malpractice has occurred.
What are the 4 things that must be proven to win a medical malpractice suit?
- Duty—When the doctor made his or her diagnosis, did he or she act within the standard of care?
- Breach—Did the doctor breach his/her duty? In other words, was there a deviation from medical protocol?
- Causation—Is it possible that the deviation from medical protocol caused injuries to the patient?
- Damages—Was the deviation from medical protocol significant enough to cause injury or death? Was it the direct cause of the harm? Did this event change the patient’s life in a negative way?
Medical malpractice lawsuits are typically handled through state courts if filed by an individual. The case is heard before a jury, which decides by a preponderance of evidence or more likely than not that medical malpractice occurred. The defendant’s doctor is then ordered to pay the plaintiff, but this can vary on a state-by-state basis. A plaintiff who has been awarded damages after an unfavorable ruling can file an appeal if he or she feels the judge’s decision was incorrect.
WE HAVE THE EXPERIENCE AND RESOURCES TO WIN
Because medical malpractice litigation requires that multiple experts be retained to properly support the case, including medical professionals as experts to prove liability — who would be persons with expertise 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 your loss of earnings and 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.
Why Should You Hire A Medical Malpractice Lawyer in New York City?
Medical malpractice is defined as negligence of a physician, pharmacist or other medical professionals during treatment of a patient which results in injury, loss or damage. In USA the frequency of medical malpractice claims has been on the rise over last ten years and as per statistics it accounts for nearly 20% of all civil litigation cases that are filed every year.
According to a study published in the New England Journal of Medicine, nearly 1 out of every 5 patients who visit hospital are victims of medical malpractice. These statistics are surely alarming for any medical practitioner but it is important to note that majority of these cases are settled out-of-court. However if you feel that you have been the victim of medical malpractice then it is important to consult a qualified medical malpractice lawyer.
At Jaroslawicz and Jaros, our team of medical malpractice lawyers in New York City can help you get compensation for your medical bills, pain and suffering which you have incurred due to the negligence of any medical professional or hospital. Our legal professionals understand you and your family’s needs and will provide the best advice to cover your current and future expenses which you might need for better medical treatment.
You can come straightaway to our office without worrying about paying up fees as we offer free consultations with no obligations. It is time that you consult a lawyer who can provide you with professional legal advice to help you recover compensation for your damages.
The most common type of medical malpractice claims are:
Anesthesia errors, Misdiagnosis, Surgical mistakes, Birth injuries caused due to negligence during pregnancy and Delivery, Medication errors. Errors made during surgery like internal bleeding, damage to the organs etc., Post-operative infections, Surgical instruments left inside the patient’s body, Failure to diagnose cancer and about 50 other types of errors
If you or your loved one has been in an accident because of a doctor’s negligent behavior in New York City then it is important to hire a qualified medical malpractice lawyer. The main goal of our law firm is to ensure that our clients receive compensation for their damages and we work towards maximizing the financial recovery for your claim. While you can seek out medical attention yourself there is no other lawyer who will fight as hard to ensure you get what you deserve as much as Jaroslawicz & Jaros. We have extensive experience in handling all types of accident claims and will help you get the best possible outcome for your case. Our clients can be sure that we will fight until they get all their rights and entitlements.
So if you have been a victim of any form of medical malpractice – whether it is medication error, surgical errors or birth injuries caused during delivery then do not worry as our team of medical malpractice lawyers in New York City will ensure that you get all your lost wages, pain and suffering costs fully compensated.
What To Look For When Hiring A NYC Medical Malpractice Lawyer?
When looking for a medical malpractice lawyer in New York City it is advised that you go through the following checklist:
- Does the Lawyer Possess The Necessary Experience? – Experience and qualification of the medical malpractice lawyer is perhaps the most important factor that decides the outcome of your case. Our team of lawyers at Jaroslawicz & Jaros are highly qualified and have extensive experience in handling all types of medical malpractice claims. We understand that financial losses due to lack of income, medical expenses or future rehabilitation costs can be devastating for you and your family. That’s why we do whatever it takes to help our clients maximize their recoveries.
- Will the Lawyer Put Your Interests Ahead of Their Own? – Our lawyers are keen to ensure that our clients are fully satisfied with our work. We have the ability to represent you in negotiations or take your case all the way to trial if that’s what is needed for better financial recovery.
- Can You Rely On The Lawyer To Communicate Effectively And Answer All Your Questions?
- Does The Lawyer Charge A Fixed Fee Instead Of Keeping Retainers? – Jaroslawicz & Jaros is proud to offer the best medical malpractice legal services in New York City that are very reasonably priced and with no retainers or fees required up front. Free consultations are available with no obligations so you can come straightaway to our office.
- Does The Lawyer Agree To Provide You With A Copy Of All Your Medical Records? – It is vital that you understand exactly what happened on the day of your accident so that you know how the error occurred and can put together a strong case for compensation. That’s why our lawyers work closely with clients to identify doctor negligence and file a claim for compensation on their behalf.
- Does The Lawyer Agree To Provide You With Full And Prompt Updates At All Times? – Our lawyers realize how important it is to keep the lines of communication open with our clients and will make sure that you know all the details about your case promptly.
- Will The Lawyer Provide You With A Free Initial Consultation? – This is vital as it allows you to meet the lawyer face-to-face and provides an opportunity to ask any questions that you might have before signing up with them.
- Does the Lawyer Have A Good Reputation Among His/Her Peers And Clients? – Rest assured as your case will always be handled with the utmost care and confidence.
- Won’t You Be Just Another Number To The Lawyer? – At Jaroslawicz & Jaros we understand that personal injury cases can be a very stressful and difficult time for you which is why our lawyers focus on doing everything they can to help you through it. We offer a very human aspect to the legal process and will make sure that you are at ease during the entire time.
- Will The Lawyer Assist You In Settling Your Case Quickly And Efficiently? – Our attorneys work promptly to get your case resolved as quickly as possible by offering a free initial consultation with no obligation to take your case.
What are the steps when filing a medical malpractice lawsuit?
Before filing a lawsuit, the potential plaintiff (the injured party) needs to collect his/her medical records and keep track of important dates such as when surgeries occurred or when hospital admissions took place. The potential plaintiff also has to locate any eyewitnesses to the incident in question and gather statements from them. During this preliminary phase, it is very important that the plaintiff avoid speaking to anyone about the incident as this could be used as evidence against him/her later on.
Once all of the preliminary work has been done, the potential plaintiff should hire an attorney who will handle negotiations with insurance companies and file any necessary court documents such as a summons or complaint. If the defendant (the party responsible
The steps that follow are:
- File a Notice of Claim with the court within 90 days of the incident or when you are aware that you have been injured
- Send a Letter of Protection to your insurance company after filing notice of claim in order to protect any possible settlement offer made by them
- Get all medical records from hospitals, doctors, and other sources and give copies to your attorney
- Get all billing records and person records from any related party (i.e. the pharmacy you used)
- Start gathering evidence such as witness statements, photos, medical records, etc., which support your case
- Attend a deposition with an insurance adjuster or lawyer representing the opposing party
- Attend mediation sessions to reach a settlement with the insurance company
- Go to trial if you do not settle or cannot reach an agreement within 3-4 months after the deposition
- Get compensated for your injuries in “full” by reaching a final settlement, winning at trial, or a combination of both
What are the most common medical malpractice cases in New York City?
In New York City, the most common types of medical malpractice cases include:
1. Misdiagnosis or delayed diagnosis – This occurs when a patient is misdiagnosed by his/her doctor and ends up having even more serious health problems later on. An example might be if an irregular heartbeat was missed during an initial checkup and the patient was not diagnosed with a life-threatening disease for over a year.
2. Surgical error – This is when surgery goes wrong during any kind of procedure that involves making an incision or cutting into body tissues. Some common examples include leaving surgical equipment inside the patient’s body, operating on the wrong part of the body, or even forgetting to close the surgical incision entirely.
3. Birth injuries – Any kind of mistake made during delivery can result in severe and sometimes life-long physical and mental disabilities for the child. Some examples of birth injuries include brain damage, severe spinal cord damage leading to paralysis, or much more serious problems.
4. Medication error – This is when a patient’s prescribed medication is incorrect or accidentally given to them in the wrong dosage. For example, if a patient with diabetes was given insulin instead of his/her regular medicine, this could result in life-threatening complications.
5. Improper use of equipment – A medical professional might be negligent by improperly using necessary equipment on a patient. Some examples include an x-ray machine failing to give off radiation exposure which causes cancer, or using the wrong size of mask during surgery.
What is hospital malpractice?
Hospital malpractice is the term used for medical mistakes that are made by doctors, nurses, hospital staff, or anyone else involved in patient care while inside of a hospital. This can happen when patients are given incorrect medications, undergo surgery on the wrong body part, receive the incorrect treatment during an emergency situation, or experience delayed diagnosis of serious conditions. In the medical field, hospital malpractice is a general term that can include all mistakes made by those involved in patient care. Many cases of hospital malpractice result from poor communication between caregivers as well as lack of knowledge and skill. Essentially, any type of negligence or “careless mistake” that occurs while caring for patients in hospitals can constitute medical malpractice.
Medical malpractice is the term used for medical mistakes that are made by doctors, nurses, hospital staff, or anyone else involved in patient care while inside of a hospital. This can happen when patients are given incorrect medications, undergo surgery on the wrong body part, receive the incorrect treatment during an emergency situation, or experience delayed diagnosis of serious conditions. In the medical field, hospital malpractice is a general term that can include all mistakes made by those involved in patient care. Many cases of hospital malpractice result from poor communication between caregivers as well as lack of knowledge and skill. Essentially, any type of negligence or “careless mistake” that occurs while caring for patients in hospitals can constitute medical malpractice.
How do I know if I have a valid hospital malpractice case?
In order to have a successful hospital malpractice case, it must be proven that your health care provider committed a mistake while treating you and that this mistake directly caused injury or illness. The diagnosis of an actual condition is not necessary in some states for this to be proven, but it must be clear that the mistake was directly responsible for the injury you experienced. For example, if you were given an incorrect dosage of medication and suffered permanent kidney damage as a result, you might have a valid case. If your doctor misdiagnosed your condition and you suffered delayed or no treatment as a result, you might also have a case.
What can I do to prevent hospital malpractice?
In some cases, you cannot avoid suffering from hospital malpractice. However, there are ways to reduce your risk of suffering from medical mistakes and poor communication between caregivers. One example is by always filling out your paperwork thoroughly before checking into a hospital or medical center. This may include telling your doctor all of your medical conditions and prescription information, as well as informing them of other important factors such as any allergies you have. This may prevent a doctor from prescribing the wrong medication or an incorrect dosage to you.
You should also ask yourself if the doctor appears rushed while examining you. If this is the case, you may want to think about how you will feel if they are unable to treat you with the appropriate level of care and attention, or perhaps see another doctor if possible. You can also ask your doctor questions during your appointment so that you understand what they are telling you and so that they can be sure you fully comprehend their recommendations. Making sure you understand your care is an important step in reducing the risk of hospital malpractice.
What if I want to file a lawsuit?
If you believe that you have suffered due to hospital malpractice, you should contact an attorney as soon as possible. It is not always easy for patients to obtain compensation after suffering because of medical mistakes, but hiring an attorney can help make this process easier.
CONTACT US TODAY FOR A FREE CONSULTATION
If you or a loved one has suffered an injury as a result of medical malpractice and is in need of legal assistance, call Jaroslawicz & Jaros in New York at 917-842-9544, or submit an online questionnaire.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call to ensure that you do not waive your right to compensation. Or you can email Abraham Jaros directly at email@example.com.
Learn more about this topic by reading our material:
- What you need to do to prepare to meet with the attorney and to present your case
- Bedsores and falls in hospitals and nursing homes
- What Are “Damages” In A Personal Injury Case?
- Verdicts & Settlement
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