New York City Medical Malpractice Lawyer

Medical Malpractice Attorneys in New York City

We count on doctors and other medical professionals to provide effective treatment and care if we become sick or injured. No one should expect to leave a doctor’s office or hospital worse off than when they arrived. When this happens, patients who have been harmed have a right to answers, and if a preventable medical error has occurred, they should demand financial restitution for their losses.

If you fear that you or a loved one is the victim of medical malpractice, the dedicated attorneys at Zlotolow & Associates can help you get answers. Our New York City medical malpractice lawyers have extensive experience and a long track record of success handling these types of cases, and we have the resources to take on deep-pocketed insurance companies.

Let us review your case for free today and discuss all your legal options for demanding the maximum compensation you deserve. Our skilled medical malpractice lawyers will manage all aspects of your personal injury claim, so that you may concentrate on your and your family’s long-term recovery.

Understanding Medical Negligence and Medical Malpractice

Every medical procedure carries an element of risk. So it is important to understand: Not all negative outcomes in medicine are the result of malpractice.

However, while a positive outcome cannot ever be guaranteed, medical professionals and healthcare organizations are obligated to provide care that meets “accepted standards” to all patents at all times. Any result of medical care that is negative, harmful, and unanticipated should be investigated by a knowledgeable independent party, such as a medical malpractice attorney, and fully explained.

Medical malpractice may be due to a healthcare professional’s action (error) or failure to act (negligence). When considering a case, one generally compares what has occurred to what a medical professional in similar circumstances would have done, or not done, in order to protect the patient from a foreseeable risk of harm.

If you suspect that negligence or preventable medical error left you or a loved one harmed, the experienced NYC medical malpractice lawyers at Zlotolow & Associates can help you demand answers. When the evidence points to malpractice, we will fight for acknowledgment of your loss in the form of full and fair compensation to you.

TALK TO US FOR FREE (212) 991-9750

Common Types of Medical Malpractice Cases

In New York, medical malpractice (or medical negligence) is said to have occurred when a doctor, nurse, or other health care professional, hospital, or other health care organization has failed to care for someone in accordance with the accepted standards of the medical profession, and the person has been injured or become ill, or a condition or illness has become worse, as a result.

Typically, we see medical malpractice in cases of:

  • Emergency room and treatment errors. Miscommunication in a busy emergency room where doctors, nurses, and others work to process patients too quickly can lead to misdiagnosis and improper treatment, or lack of needed care. Often, “handoff errors” made as hospital patients are transferred among staff members or departments lead to errors in treatment. Sometimes in a hospital, care is delayed because of staffing issues or other failures of the system.
  • Failure to diagnose or misdiagnosis. Failed or delayed diagnosis of a medical need delays treatment and allows the problem to advance and do greater harm. Misdiagnosis may lead to improper or even harmful treatment. Survival rates for cancer patients, in particular, are better the sooner their illness is diagnosed and treated. Often, an improper diagnosis or failure to diagnose is due to a medical care provider having failed to obtain an adequate medical history of symptoms and/or prior medical problems.
  • Birth Injuries. Injuries to newborns or mothers during delivery may be caused by a doctor or nurse failing to notice signs of trouble or failing to act quickly enough in an emergency. Babies who lack oxygen to the brain for significant amounts of time suffer brain damage, often in the form of cerebral palsy. A baby that has assumed an unnatural position in the birth canal may be injured physically if a doctor applies too much force to assist delivery. During Cesarean sections (C-sections), surgical errors or infection can harm mother or child.
  • Prescription errors. Providing a patient the wrong drug, the wrong dosage, or even the right medication at improper intervals can be harmful. Actions or omissions by doctors, pharmacists, nurses, and medical technicians, as well as badly designed policies or procedures, may contribute to prescription errors. Medication errors may be caused by miscommunication due to illegible handwriting, confusing abbreviations, or similar sounding drug names in written orders or drug inventories.
  • Surgical errors. Surgeons whose attention falters may make “leave behind” errors, leaving clamps, sponges, gauze, or other instruments inside their patients, which makes a second operation necessary. Others have operated on the wrong limb or organ because of miscommunication or, through simple negligent error, have punctured organs adjacent to but not part of the intended surgery and caused the patient harm.
  • Failure to inform. As stated above, all medical procedures have risk, which medical professionals have a duty to explain. Doctors should advise patients of the risks in a manner that allows the patient to truly make an informed decision and provide consent for the procedure. This means understanding, allowing for, and meeting the patient’s language, learning, and comprehension capabilities and needs.
  • Medical equipment failure. Many pieces of medical equipment are used as care is provided to patients, and failure or malfunction may cause injury or fatalities. An investigation of equipment failure asks what the medical provider knew about the equipment’s condition, how well personnel were trained in use or maintenance of machinery or equipment in question, and whether the equipment was defective and the manufacturer may be liable.

Medical malpractice can take a variety of other forms. As your attorneys, Zlotolow & Associates will promptly obtain your medical records and interview you and/or others close to you to help determine what happened to you and why. As part of our investigation, we will also have independent medical professionals examine your medical records to advise us as to whether the care provided to you appears to have met accepted standards of the medical profession.

Frequently Asked Questions

How long will my case take?

The amount of time it takes to resolve your case will depend on multiple factors. First, it is important that you take the time you need to heal. Once you reach maximum medical improvement, we will be able to estimate the extent of your damages. Second, you are the one who decides when you want to settle or go to court. Our attorneys will present you with every settlement offer and explain whether we feel you are owed more. We will negotiate aggressively and be prepared to take your claim before a judge and jury, if necessary. But a lawsuit does take time, and it is ultimately your decision on how you want to proceed.

What will my lawyer handle for me?

Our full-service personal injury law firm will handle all aspects of your claim, including communicating with the insurance company, filing your property damage claim, and keeping track of your medical records. We will also launch our own investigation into the cause of your accident to identify every possible source of compensation. And we will bring in medical experts and financial professionals to help evaluate your claim and determine what full and fair compensation should be.

What will I have to do for my personal injury case?

You need to stay focused on your health. Make sure you follow your doctor’s orders and make it to all your appointments. Start a journal to document how your injury is affecting your everyday life, both physically and emotionally. And protect your privacy by taking a break from social media and not talking about your case.

Contact Our NYC Medical Malpractice Attorneys

If you suspect your injury is due to medical malpractice, the time to act is now. The technical nature of a medical malpractice lawsuit can make it a complex and a lengthy undertaking. In the meantime, New York imposes a statute of limitations for most medical malpractice claims of 2 1/2 years from date of malpractice or from the end of continuous treatment rendered by the party or entity you intend to sue for a particular condition, illness, or injury.

Contact Zlotolow & Associates to schedule a free and confidential discussion of your experience with medical care and whether you are the victim of medical error or negligence. If we see a way forward, our New York City medical malpractice attorneys will fight for maximum compensation for you.

TALK TO US FOR FREE (212) 991-9750