New York Medical Malpractice Law

by Malpractice Attorney, Natascia Ayers, Esq.

Patients rely on the skill and judgment of the doctors to provide good medical care. We are dependent upon these doctors for good advice and skills in providing treatment. Unfortunately, at times patients are injured by doctors and medical personnel because they did not use good judgment, did not listen to or ignored the severity of your complaints, were not properly skilled in the field, or allowed residents in training to make decisions about your care without making an independent evaluation themselves. This can leave patients feeling helpless, in more pain than they were prior to medical intervention, and angry that the medical professionals they trusted failed to provide adequate care. 

A medical malpractice claim allows victims of negligent medical care to seek monetary compensation for the harm they have suffered from medical professionals who failed to take the requisite care in treating them.

What Do You Need to Know About Medical Malpractice Claims in New York City?

In this medical malpractice guide, Attorney Natascia Ayers discusses several important topics that you need to be aware of regarding medical malpractice cases in New York. Highlights of this article include:

• What is medical malpractice?

• What are the common types of medical malpractice claims?

• How do you calculate the value of a medical malpractice claim?

• What to do if you have been injured by a doctor or medical staff

• How can a New York City medical malpractice attorney help a medical malpractice victim

What is Medical Malpractice?

Doctors and other medical professionals owe a duty to their patients. They owe a duty to exercise a certain standard of care when providing treatment. The standard of care a doctor or medical professional owes a patient is to treat a patient through the use of the generally accepted method of care a similarly situated doctor or medical professional would use under similar circumstances. This means that the standard of care will vary depending on specific facts of case such as the specific illness from which a patient is suffering.

When a doctor or medical professional fails to uphold the required standard of care, and injury or death of a patient occurs, the doctor or medical professional may be held liable for their negligence through the bringing of a medical malpractice claim. In other words, when a doctor or medical professional fails to provide a certain level of care and a patient needlessly suffers as a result, the doctor or medical professional may be required to compensate the patient for the harm suffered. It is important to note that, in order to bring a successful medical malpractice claim, it must be shown that the doctor or medical professional violated the standard of care and that the violation was the direct cause of the injury to the patient.

What are the Common Types of Medical Malpractice Claims?

Medical malpractice claims can vary greatly. This is mainly due to the fact that a variety of healthcare professionals can be held responsible for medical malpractice. Doctors, nurses, pharmacists, and many more healthcare professionals may be implicated in a medical malpractice claim. Additionally, medical malpractice can occur in a variety of medical facilities. The medical malpractice may have occurred in a hospital, emergency, nursing home, or somewhere else.

In addition to all of these different factors, the medical error itself may come in a variety of forms. Some of the most common medical errors that become the grounds for a medical malpractice claim include:

• Missed diagnosis or misdiagnosis of a medical condition

• Anesthesia errors

• Error in lab testing

• Error in reviewing lab results

• Surgical instruments left inside of a patient

• Performing surgery on the wrong patient

• Performing surgery on the wrong area of the body

• Prescribing the wrong medication

• Prescribing or administering the wrong prescription dosage

• Failure to properly administer medication

• Failure to properly review a patient’s medical history

• Failure to inform patient regarding risks of a procedure

• Use of defective medical equipment

Birth Injury Medical Malpractice

Unfortunately, birth injuries are also common medical malpractice claims. A birth injury may have been caused due to negligent medical care during a pregnancy, during delivery, or after birth. A lapse in prenatal care or during and after birth can have tragic consequences for a baby and the baby’s family that has to watch their child suffer. Erb’s palsy and cerebral palsy are common birth injuries that were the result of negligent medical care. These babies are the tiniest victims of medical malpractice and they can needlessly suffer for the rest of their lives because a medical professional failed to provide them with the care they were owed and so desperately needed.

The consequences of these medical errors is devastating. Medical malpractice can lead to the exacerbation of a condition the patient was suffering from. It can also lead to the development of new, painful, and serious illnesses or further injury. A patient who is the victim of medical malpractice could be left paralyzed. In some cases, a medical error will prove fatal for a patient.

How Do You Calculate the Value of a Medical Malpractice Claim?

Medical malpractice has life altering consequences for the victims. The impact has financial consequences as patients see medical bills pile up. The impact also includes an often significant emotional toll. The malpractice may have led to the suffering of extreme pain, significant financial burdens due to medical expenses, and severe emotional distress. Fortunately, a successful medical malpractice claim can enable the malpractice victim to receive monetary compensation for the harm they have suffered. This compensation is referred to, in legal terminology, as “damages.”

In New York, there are three main types of damages available in a medical malpractice case. 

1. Economic damages are intended to compensate the victim for the easily quantifiable harm suffered, such as medical costs, lost wages, and loss of earning ability. 

2. Non-economic damages are intended to compensate the victim for the things that are not easily calculated, but still involve real harm suffered. This kind of damages include pain and suffering, as well as loss of enjoyment of life. 

3. Additionally, in certain cases, punitive damages may be available. Punitive damages are intended to punish the person responsible for the malpractice. This type of damages is available in extreme cases where the medical provider acted with extreme recklessness or even malice.

It is important to remember that every medical malpractice claim is different. The value of your claim will largely depend on the specific facts and circumstances of your case. It will depend on the type of harm you suffered. It will depend on how long you have suffered the harm and how long you will continue to suffer from the harm caused. 

Because medical malpractice cases are so fact specific, it makes it especially important to contact an attorney who is experienced with these types of claims. An experienced and knowledgeable medical malpractice attorney will know what damages to include in the calculation so that you may receive full and fair compensation for the harm you have suffered. While this compensation may never get back what you have lost, it can not only alleviate financial burdens that have been placed on your shoulders, but can help take care of you well into the future.

What to do if you have been injured by a doctor or medical staff

If you have been injured at the hands of a doctor or medical staff, it is important that you not only know your rights, but have the appropriate expert backing your case. The Law Office of Natascia Ayers has represented many malpractice victims and is fully familiar with this complex legal field. The medical malpractice field of law is a relatively small group of lawyers who are versed not only in the law, but the medicine, and are surrounded by a team of medical experts. Experience and the ability to obtain competent leading medical experts is a must in this field. 

At the Law Office of Natascia Ayers, we take immediate action to help our clients not only understand their legal rights, but to tirelessly work to make sure those legal rights are fully enforced.

Do not hesitate to contact the Law Office of Natascia Ayers. Time is of the essence with these types of legal claims. You do not have an unlimited amount of time to take legal action. There is a time limit on when you can file your medical malpractice claim and, if you wait too long, your claim may be barred as being untimely. This time limit on your ability to bring a claim seeking monetary compensation for the harm you have suffered due to medical malpractice is referred to as the “statute of limitations.” 

Generally, in New York, you have two and a half years from the date of discovering the malpractice that caused you harm to bring your claim. Don’t jeopardize your chance to be compensated from the harm you have suffered. Once this time period has lapsed, you may have waived your chance at recovering compensation. Contact NA Law today.

How Can the Law Office of Natascia Ayers Help Medical Malpractice Victims?

A medical malpractice claim allows the victim, and, in some cases, the family of the victim, to recover compensation for the harm they have suffered. In order to receive the compensation you deserve, you need an attorney who is well versed in this area of law. The Law Office of Natascia Ayers focuses on helping medical malpractice victims recovering much needed compensation for the damage they have incurred as a result of a doctor or other medical professional failing to provide adequate medical care. 

The Law Office of Natascia Ayers knows what to look for and how to build the strongest possible claim. Additionally, our dedicated medical malpractice attorneys diligently review the details of every case to make sure nothing has been overlooked. We want to help ensure your claim is successful and that you are fully compensated for every loss you have suffered as a result of medical malpractice.

Medical malpractice case results by NA Law

The Law Office of Natascia Ayers has won tens of millions on behalf of her clients. For example, Ms. Ayers recently represented a small infant who was tragically paralyzed when a hospital and medical provider refused to timely and properly evaluate the infant’s condition in the hospital after repeatedly hearing his parents concerns that something was not right and the infant was in terrible pain and inconsolable. The infant was released from the emergency room, when he, in fact, needed emergent care because he was suffering from a MRSA infection he developed from a scratch that eventually went to his spine. 

Although this tragic malpractice and injury could have been avoided, and nothing will fix this boy’s paraplegia, Mr. Ayers was able to secure an enormous confidential settlement which will ensure that this infant wants for nothing, financially, in life.

Contact Our New York City Medical Malpractice Attorneys for a Free Consultation

If you have suffered from medical malpractice, you may feel alone, helpless, and overwhelmed. Let us help you. We are here to answer any questions you may have regarding medical malpractice claims. Let us take on the legal burdens of your case so that you can focus on taking care of yourself and getting your life back on track. You can schedule a free consultation with one of our New York City medical malpractice attorneys today. Contact The Law Office of Natascia Ayers by calling 212-307-0023 or by sending us a message online.