New Rochelle Medical Malpractice Lawyer
When a doctor or other medical professional causes a preventable injury or illness, it can be grounds for a New Rochelle medical malpractice case. If you believe you have been the victim of medical negligence, contact Fiedler Deutsch to schedule a free consultation. Reach us online or call (914) 993-0393 today.
Why Choose Our New Rochelle Medical Malpractice Lawyer?
- We devote extensive time and personalized attention to each medical malpractice case.
- We have a proven track record of success in complicated cases and have recovered millions in compensation for our clients.
- As experienced New Rochelle personal injury lawyers, we are not afraid to take a claim to court to get the compensation you deserve.
New Rochelle Medical Malpractice Lawyer
- Why You Need a New Rochelle Medical Malpractice Lawyer
- Benefits of Hiring a New Rochelle Medical Malpractice Lawyer
- How to Prove Medical Malpractice
- What is the Certificate of Merit?
- What is the Statute of Limitations for Medical Malpractice Claims in New Rochelle?
- How Much Does a Medical Malpractice Lawyer Cost?
- What to Do if You Believe You are a Victim of Medical Malpractice
- What is Considered Medical Malpractice in New Rochelle?
- What Damages Can Be Recovered in a New Rochelle Medical Malpractice Claim?
Why You Need a New Rochelle Medical Malpractice Lawyer
Winning a medical malpractice case will often involve exhaustive efforts to investigate and gather critical evidence of medical negligence. That may include:
- Obtaining medical records and documents;
- Interviewing and deposing witnesses;
- Hiring medical experts; and more.
Hiring a knowledgeable medical malpractice lawyer to represent you will be critical. They will have the resources to help you build a strong case and hold the wrongful party accountable.
Benefits of Hiring a New Rochelle Medical Malpractice Lawyer
It is incredibly challenging for most victims of medical malpractice to win. Doctors, hospitals, and other medical professionals, along with their insurance companies, have teams of lawyers and experts ready to fight aggressively on their behalf. Their goal is to keep their record free of settlement or court awards due to medical negligence.
To significantly increase your chances of success takes the experience, resources, and knowledge a New Rochelle Medical Malpractice Lawyer can offer. They will often make exhaustive efforts to build a solid case on your behalf, including:
- Obtaining detailed medical records, doctor’s notes, and other documentation on your injury or illness;
- Interviewing and deposing witnesses, including anyone you came into contact with while being treated;
- Hiring medical experts to testify to what the medical standard of care was in your situation and how the provider deviated from it;
- Collect medical bills, pay stubs to prove lost income, receipts for out-of-pocket expenses, and more.
- Hiring other experts to testify to the extent of your injury or illness and how it will impact your life.
Additionally, it can be quite costly to pursue a medical malpractice claim on your own. However, many medical malpractice attorneys are willing to cover those expenses upfront, so there is no risk to you.
How to Prove Medical Malpractice
There are generally four elements that must be proven to pursue a case of medical malpractice in New Rochelle:
Duty of Care
A doctor/patient relationship must be established in order to demonstrate that a duty of care was owed by the medical provider.
Breach of Care
Proof that your healthcare provider violated the expected standard of care. In other words, they failed to provide the same treatment as any other doctor or hospital would under the same circumstances. l
Your injury or illness must have been a direct result of the medical provider’s negligent actions, and would not have occurred otherwise.
Your injury or illness resulted in significant economic and/or non-economic damages (losses) as a result of the injury. For example, medical bills, lost income, pain and suffering, etc.
The “accepted standard” of medical care is typically a highly debated issue. It will depend upon the type of procedure or treatment involved and the expertise of the individual who would normally perform or administer it. For example, some complications are the result of negligence, whereas many are a risk of the treatment received or procedure you underwent. An expert medical witness will be necessary to demonstrate the particular standard of care that was violated in your case.
What is the Certificate of Merit?
When filing a medical malpractice claim in New Rochelle, New York, law requires a Certificate of Merit to be included in your initial complaint (paperwork). A Certificate of Merit is a document your attorney must file that will have a medical expert’s certification that they reviewed your claim and believe that it has merit. In other words, they believe your injury or illness resulted from your medical provider violating the standard of care expected of them. This additional requirement adds an extra layer of protection for medical providers as a way of deterring individuals from filing medical malpractice claims for baseless allegations.
What is the Statute of Limitations for Medical Malpractice Claims in New Rochelle?
Medical malpractice victims in New Rochelle have a limited amount of time to pursue a claim. This New York law, known as the statute of limitations, specifies the time limits as follows:
- Two and a half years, or 30 months, from the date of the injury.
- 30 months from a final treatment if there was a series of medical treatments.
- If a foreign object was left in your body during surgery, a claim “may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.” (Section 214-A(a))
Once the statute of limitations has run, you are barred from pursuing a case and recovering any compensation. However, the state’s “discovery rule” may apply in some cases, which delays the statute of limitations from running until you discover or should have known that an injury or illness was caused by medical malpractice.
How Much Does a Medical Malpractice Lawyer Cost?
Many medical malpractice lawyers in New Rochelle, including Fiedler Deutsch, handle cases on a contingency fee basis. This means there are no charges upfront to secure representation, and you only owe legal fees if you successfully settle your case or receive an award. Additionally, you do not have to pay for your attorney’s services and representation if you do not recover compensation. Therefore, you do not have to risk any money out-of-pocket. In most cases, a medical malpractice lawyer will deduct one-third or 33.3% of your awarded compensation. So, for example, if you reach a settlement agreement for $100,000, approximately $33,000 would go to your attorney as their fee for representing you, plus court costs and expenses.
What to Do if You Believe You are a Victim of Medical Malpractice
There are a few vital steps to take if you believe that you or a loved one has suffered a severe injury or illness due to a medical error or negligence:
- Write down the events leading up to the injury or illness and exactly how you believe your injury or illness occurred.
- Obtain copies of all relevant medical records.
- Prepare a timeline that shows when injuries were first treated and/or discovered and any follow-up care you received or was recommended.
- Keep a journal of your symptoms and any physical limitations your injury or illness causes.
Lastly, but most importantly, speak to an experienced New Rochelle medical malpractice lawyer as soon as you can. Most offer free consultations during which they can review the facts surrounding your injury or illness and let you know whether they believe you have a claim. They can also advise you on your legal options and what they believe is the best course of action in your case. Evidence can quickly disappear or be destroyed, but as soon as you hire an attorney, they will begin building your case and ensure the evidence you need is preserved.
What is Considered Medical Malpractice in New Rochelle?
Any negligent act or omission by a medical provider that results in serious injury, or wrongful death to a patient is considered medical malpractice. Common acts of medical negligence that give rise to medical malpractice claims in New Rochelle include:
- Misdiagnosis or failure to diagnose a condition (e.g., cancer or a heart condition).
- Surgical errors— a procedure performed on the wrong body part, leaving surgical equipment inside the patient, etc.
- Birth injuries—physical injury to a baby or mother during pregnancy, childbirth, or postpartum, or failing to recognize fetal distress.
- Medication errors—being prescribed the incorrect medication or the wrong dosage.
These are only a few examples of the many types of medical malpractice that can occur.
What Damages Can Be Recovered in a New Rochelle Medical Malpractice Claim?
If a medical professional’s negligence led to an injury or illness, you have the right to pursue compensation for your losses. The types of compensation you may be entitled to include;
- Medical expenses: Any current and future costs related to the care and treatment for the illness or injury caused by the provider’s negligence.
- Lost Wages: Compensation for the current and future missed time from work while recovering.
- Diminished Earning Capacity: If your injury or illness interferes with your ability to earn wages in the future by either leaving you unable to work or forcing you into a different line of work.
- Pain and Suffering: Compensation for your physical pain and any emotional distress. Examples of emotional distress are depression, anxiety, insomnia, etc.
- Loss of Enjoyment of Life: If your injury or illness has impacted your quality of life and leaves you unable to do things you were able to do before.
- Disability or Disfigurement: If the injury or illness caused a permanent impairment or disfigurement.
- Loss of Consortium: A spouse can recover this type of compensation for the loss of marital benefits, such as affection, companionship, or sexual relations.
The court may also award punitive damages if the case involves a healthcare provider who exhibited gross negligence.
Speak With a New Rochelle Medical Malpractice Attorney
We can help you hold the medical professional who harmed you or your loved one accountable. To speak with one of our accomplished New Rochelle accident attorneys, call (914) 993-0393 or contact us online today.