Medical Malpractice Lawsuits
Medical malpractice occurs when a healthcare professional or institution deviates from the standard of care expected in the medical community, and a patient is injured as a result. Medical malpractice lawsuits are designed to hold these negligent medical professionals accountable for their careless actions or omissions and to compensate the injured party for any resulting damages. However, not every medical error is grounds for a medical malpractice lawsuit, and only a skilled medical negligence lawyer in New York can determine whether you can recover compensation for your injuries.
If you were injured by a physician, nurse or other healthcare professional, fill out the form on this page and our medical malpractice attorneys in New York will determine, at no cost to you, if you are eligible for a medical negligence lawsuit. You may also call us at 212-736-5300 to schedule a FREE initial consultation.
Medical malpractice lawsuits typically involve two parties—the plaintiff and the defendant. The plaintiff is the injured patient, or an individual legally assigned to act on their behalf. In a case of wrongful death, the executor of the deceased’s estate can act as the plaintiff. The defendant in a medical malpractice lawsuit is the medical professional or institution that allegedly acted negligently in treating the injured patient. Depending on the specifics of the case, a doctor, clinic, hospital, dentist or therapist can be named as the defendant. Nurses can also be held liable for their negligent actions or omissions, as previous medical malpractice lawsuits have maintained that healthcare professionals without doctorate degrees cannot escape liability for “following orders.”
To have a valid medical malpractice claim against a doctor, nurse or other healthcare professional or institution, the following must be true:
- The defendant owed the plaintiff a duty. (When a healthcare provider or institution undertakes the care or treatment of a patient, a legal duty exists.)
- The duty was breached.
- The breach caused injury to the patient.
- The plaintiff, as a result of the injury, suffered damages.
If the plaintiff can establish these four elements, they may be entitled to a financial award to cover monetary and non-monetary losses suffered as a result of the medical malpractice.
Medical malpractice lawsuits provide injured patients with an opportunity to recover lost wages, medical expenses and other damages that resulted from the medical provider’s negligence. Additionally, medical malpractice lawsuits address problems within the healthcare community and deter other medical professionals from partaking in similar negligent conduct. However, because there are many restrictions that must be followed to have a successful claim, it’s important to speak with a medical malpractice lawyer who has experience handling these types of claims.
At Block O’Toole & Murphy, our New York medical malpractice lawyers have recovered millions for clients who were needlessly injured by the negligent actions of a doctor or hospital. For instance, we recently recovered a $9.8 million medical malpractice verdict on behalf of a man who was injured during brain surgery. Our New York medical malpractice attorneys fought aggressively to recover damages from both the primary and assisting surgeon, and apply this same level of commitment and dedication to each of our medical malpractice cases. If you or a loved one has fallen victim to a medical error, do not hesitate to contact our medical malpractice lawyers in New York for a FREE initial case review.
- Proving Fault in Medical Malpractice Cases
- New York Medical Malpractice Statute of Limitations
- Liability for Medical Malpractice