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White Plains Medical Malpractice Lawyer
Negligence is the failure to provide the correct amount of care, resulting in harm to another person. And therefore, when a medical professional is negligent in providing patient care, it is called medical malpractice.
If you believe you are a victim of medical malpractice, contact a White Plains medical malpractice lawyer at Fiedler Deutsch, LLP for a free consultation or call us at (914)-993-0393.
Feel free to fill out our online contact form or call us directly. We will explain your rights, listen to your story, and provide you representation in your fight for justice.
Why Choose Fiedler Deutsch, LLP?
When looking for a medical malpractice lawyer, it’s not an easy decision. Although Fiedler Deutsch, LLP is a personal injury law firm, we devote a majority of our time toward medical malpractice cases, and most other injury law firms don’t take on these types of cases.
Medical malpractice claims are extremely challenging to win. Doctors, hospitals, and other medical professionals have powerful insurance companies and teams of lawyers who will fight vigorously to defend them.
Fortunately, our team has more than 50 years of combined experience working on medical malpractice cases and we have secured some of the highest medical malpractice verdicts in Westchester County ranging from $4 million to $27 million in the last few years.
With our approach to medical malpractice cases, we are selective with the cases we choose. Our dedication to these cases, combined with nationally recognized experts we hire will help you obtain the best possible outcome.
We devote ourselves to finding solutions for our clients so they can expedite the claims process, maximize their recovery and move forward.
Medical Malpractice Case Results
Below highlights our medical malpractice case results:
- $27,000,000: Over $27 million in future periodic payments in Bronx County to a baby who sustained anoxic brain damage resulting from obstetrical malpractice. The physicians failed to timely diagnose fetal distress and terminate the labor in a timely fashion by cesarean section.
- $9,000,000: Approxiomately $9 million in future payments to a young girl in Kings county born with Erb’s palsy as a result of negligence in performing the delivery after shoulder dystocia was encountered. Excessive lateral traction was exerted on the fetal head damaging the brachial plexus.
- $7,000,000: $7m for a Kings County man who developed a bleed following CABG surgery which went diagnosed and led to hypoxia, stroke, and coma.
- $4,000,000: $4.0 million jury verdict for a woman whose urethra was damaged during a urology procedure.
- $3,750,000: $3.75 million for a 42 year old woman who died as the result of the failure to diagnose sepsis.
Table of Contents
Recoverable Damages For A Medical Malpractice Claim
Medical Malpractice Statistics
Liability for Medical Malpractice
The Statute of Limitations In New York
What Is Medical Malpractice?
People end up in the hospital for an infinite amount of reasons. Kids, adults, and elders (many due to nursing home abuse in White Plains).
Medical malpractice occurs any time a doctor-patient relationship exists, and the medical professional is negligent in fulfilling his or her duties of care, resulting in a patient injury and specific damages.
Many examples of medical negligence or malpractice exist in White Plains, and Fiedler Deutsch, LLP accepts a wide range.
Some examples of medical malpractice issues include:
- Surgical errors
- Anesthesia errors
- Delayed diagnosis or failure to diagnose
- Failure to treat
- Medication mistakes
- Birth injuries
- Medical product liability
- Poor patient care
After any type of incident with your doctor that results in a worsened prognosis, consider whether you could be the victim of medical malpractice. Ask yourself if a reasonable and prudent doctor would have done the same thing as your doctor. If not, your doctor may be guilty of malpractice. Any type of health care worker could be guilty of medical negligence, including a primary care physician, specialist, surgeon, chiropractor, massage therapist, dentist and anesthesiologist.
Damages Victims Can Recover For A Medical Malpractice Case
A victim of medical malpractice in White Plains, New York, has the ability to pursue compensation for losses that have been incurred due to their injuries. They can recover compensation for the following damages:
- Pain and suffering
- Medical expenses
- Lost wages
- Loss of consortium
- Funeral costs (if applicable)
Medical Malpractice Statistics [2024]
- New York has the highest number of medical malpractice payouts, with $551 million being paid out in 2022.
- Medical errors cause 250,000 fatalities annually.
- Medical malpractice is one of the leading causes of death in the U.S. year, and the third most common cause of death in the United States.
- Prescription mistakes impact 1.5 million people on a yearly basis.
- Patient’s over 65 are 12% more likely to be victims of medical malpractice.
- Misdiagnosis is the most common type of medical malpractice, as the conditions that are often misdiagnosed include cancer, infections, and vascular events.
- 96.9% of medical malpractice lawsuits are settled out of court.
By looking at these statistics and analyzing the root cause of medical errors in the United States, we can work toward reducing the number of medical malpractice deaths and save lives in the process.
Liability for Medical Malpractice in New York
In many medical malpractice cases, the hospital can be held responsible for the misconduct of its doctor.
Under vicarious liability, the employer will have to answer for the negligence of its on-duty workers.
If the doctor was an independent contractor, however, and not an employee, you may have to hold the individual doctor responsible instead.
A White Plains personal injury lawyer from Fiedler Deutsch, LLP can help you analyze your case and understand who may be responsible for your damages.
What Is the Statute of Limitations For A Medical Malpractice Case?
The State of New York has a statute of limitations that limits your right to file to a maximum of two and a half years. The clock will start ticking on the date of the malpractice or from the last date that you treated with the doctor in question.
There is an exception if your injury is from a foreign object left inside of your body during surgery. In this case, you have one year from the date of discovery to file.
If your treatment occurred at Westchester Medical Center you may have to file a notice of claim within ninety days of your incident.
If the courts believe a reasonable person would have discovered his or her injuries sooner than you did, you may have a shorter amount of time to file.
It is critical to speak to an attorney as soon as possible if you suspect medical negligence is the cause of your injury. Otherwise, you may miss your deadline and lose the right to file.
Contact Our White Plains Medical Malpractice Lawyers Today
The right attorney for your medical malpractice case makes all the difference in obtaining fair compensation from the liable party.
It would also allow you to focus on healing from your injury or illness, rather than spending all your time and energy on a legal claim.
Work with our White Plains medical malpractice lawyers from Fiedler Deutsch, LLP to bring a health care provider or hospital to justice and receive maximum compensation for your losses or a loved one’s death.
Request your free consultation at (914) 993-0393, or contact us to speak with one of our medical malpractice attorneys in White Plains, New York. We are here for you during this difficult time.
Medical Malpractice FAQ
How Much Does Hiring A Medical Malpractice Lawyer Cost?
At Fiedler Deutsch, LLP, our White Plains medical malpractice lawyers work on what’s called a “contingency-fee basis”. What this means is that once you get paid a settlement, we take a percentage of that settlement. So if we don’t end up winning your case or recovering compensation on your behalf, you don’t pay.
Is it Worth It To Hire A Medical Malpractice Lawyer?
Yes. Insurance companies and hospital systems have highly skilled lawyers and resources to help protect their best interests against those pursuing a medical malpractice claim. Fortunately, our firm has extensive experience handling medical malpractice cases, and we know how to level the playing field against the hospital systems and doctors while keeping your best interests in mind.
How Long Does It Take For A Medical Malpractice Case To Resolve?
Resolving a medical malpractice case depends on the unique facts and circumstances of your situation. In cases where there is heavily disputed liability, chances are your case will take longer. On the other hand, if both parties can come to a settlement sooner, your case will take a shorter amount of time.