People trust medical professionals with their health and with their lives. Errors due to negligence or lack of attention from doctors, nurses, pharmacists or the makers of medical devices can have a long-lasting negative impact on your health.
Unfortunately, medical malpractice is all too common in the U.S. In fact, medical errors now rank as the third leading cause of death nationwide. Consequently, you cannot rely on the professionals to whom you trust your health – even your life – always living up to either your expectations or to the duty of care they owe you. If you sustained an injury anywhere in the New York City area due to the negligence of one of your health care professionals or the entity for which they work, you have the right to sue both them and their employer for medical malpractice. The same holds true if you became sicker than you were before you sought their help.
Any number of things, including the following, can cause errors and therefore medical malpractice:
• Failure to diagnose, delay in diagnosis or misdiagnosis
• Failure to order the proper lab tests or failure to properly interpret those ordered
• Administration of the wrong medications
• Improper anesthesia dosage or administration
• Improper surgical technique, such as leaving a foreign object in the patient’s body
• Failure to properly monitor a patient’s post-operative recovery period
• Failure to obtain the proper informed consent to a treatment or procedure
• Failure to sufficiently communicate with other members of the health care team
ommon types of malpractice are:
Yes! A free consultation to discuss your case is available either in person, on the phone, or via Zoom. There is no fee to hire us, because we only get paid when you get paid.
The settlement will depend on many factors and come in a few categories.
In New York, medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent action or omission that caused the patient’s injury.
The statute of limitations defines the period in which a patient can make a claim. The time usually starts when the incident occurs. The statute of limitations also may be extended based on the discovery rule which applies when a patient did not have an opportunity to discover the malpractice when it first happened.
In New York, you have only 30 months from the date of your injury or the onset of your illness in which to file a medical malpractice lawsuit against the negligent party or parties. If you fail to file within this statute of limitations period, New York law precludes you from obtaining any compensation from the responsible party or parties.
This is why it is so important that you contact an experienced medical malpractice attorney as soon as you can. He or she needs time to assess your injury or illness, review your medical records and, if necessary, conduct his or her own investigation.
Keep in mind that not all attorneys practice the same type of law. So no matter how much your brother liked his divorce attorney, that is not the lawyer you need. You should choose an experienced personal injury attorney who has a track record of success in obtaining favorable medical malpractice settlements and jury verdicts for his or her clients. You also want an attorney who will take the time to listen to you, answer your questions and advise you of your options.
We believe a team approach is the best way to get things done efficiently, responsibly and achieve maximum results. You’ll meet your attorney during your free consultation and have consistent communication with him/her throughout the duration of your case.
Daniella Levi and her law firm, Daniella Levi & Associates, P.C., have been practicing personal injury law for nearly 20 years. Headquartered in Queens, NY, Attorney Levi and her firm offer you the following advantages:
Perhaps most importantly, Daniella Levi is passionate about what she does. She truly wants to help you and will aggressively fight for your right to maximum compensation.
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