248 ReviewsHow Can a Medical Malpractice Attorney Help?
At Friedland & Associates, our lawyers specialize in medical malpractice cases, possessing a deep understanding of the intricate legal aspects involved. They are well-versed in identifying the complexities of medical negligence and working to establish the link between the healthcare provider’s actions and the resulting harm.
Thorough Case Assessment
Upon consultation, our medical malpractice lawyers will review the details of your case. They’ll examine medical records, treatment plans, and expert opinions to determine the validity of your claim and the potential for pursuing legal action.
Building a Strong Case
Our lawyers will gather evidence to build a compelling case. This includes obtaining medical records, consulting expert witnesses, and analyzing the specifics of the medical procedures in question.
Establishing Medical Negligence
Proving medical malpractice requires demonstrating that a healthcare provider deviated from the accepted standard of care, leading to harm. Our lawyers work with medical experts to establish the connection between the healthcare provider’s actions and your injuries.
Calculating Damages
Our medical malpractice lawyers will assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and other relevant losses. This comprehensive evaluation ensures that you seek appropriate compensation.
Navigating No Fault States
In states with no-fault laws, recovering compensation for medical malpractice can be complex. Our lawyers are well-versed in the nuances of these laws and will guide you through the process, ensuring your rights are protected and you receive the compensation you deserve.
What Are State Medical Malpractice Laws?
New York
Medical malpractice cases in New York are governed by specific legal procedures that aim to provide recourse for victims of healthcare provider negligence. Understanding how these cases are handled, who can be held liable, the presence of damage caps, and the statute of limitations is essential for anyone pursuing a medical malpractice claim in the state.
Investigation
Lawyers gather medical records, consult experts, and evaluate the circumstances to build a strong case.
Filing a Lawsuit
If the case has merit, a lawsuit is filed against the healthcare provider(s) and any other parties deemed responsible.
Discovery
Both sides exchange evidence and information related to the case.
Negotiation
Parties may engage in settlement negotiations to resolve the case without going to trial.
Trial
If no settlement is reached, the case proceeds to trial, where evidence is presented, and arguments are made.
Verdict and Judgment
The jury or judge decides whether the healthcare provider(s) are liable and determines the compensation awarded to the victim.
Statute of Limitations
The statute of limitations for medical malpractice cases in New York is generally 2.5 years from the date of the malpractice incident. However, there are exceptions, such as cases involving foreign objects left inside the body, which may have a shorter time frame for filing a lawsuit. Failure to file within the statute of limitations can result in the loss of your right to seek compensation.
Florida
Florida has a presuit investigation process designed to encourage early settlement discussions. Before filing a lawsuit, the plaintiff must provide the potential defendant with a notice of intent to sue, along with a verified written medical expert opinion supporting the claim of negligence.
Comparative Negligence
Florida follows a pure comparative negligence standard. This means that even if the victim’s own actions contributed to the injuries, they can still seek compensation. However, the damages awarded are reduced in proportion to the victim’s level of fault.
Expert Witnesses
In Florida, medical malpractice cases require expert testimony to establish the standard of care that the defendant healthcare provider failed to meet. The expert witness must be licensed in the same field of practice as the defendant and have relevant experience.
Statute of Limitations
In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date the malpractice occurred or four years from the date the injury was discoverable.
Who Can Be Held Liable?
Individuals who can potentially be held liable for medical malpractice include:
Healthcare providers
This includes doctors, nurses, surgeons, anesthesiologists, and other medical professionals who provide care.
Hospitals and medical facilities
These entities can be held vicariously liable for the actions of their employees.
Pharmaceutical companies
If medication or medical products cause harm due to defects or inadequate warnings.
Medical equipment manufacturers
If defective medical devices or equipment contribute to the harm suffered by the patient.
What Are the Different Types of Medical Malpractice?
Medical malpractice occurs when healthcare professionals fail to provide the standard of care expected in their field, leading to harm or injury to patients.
Some common types of medical malpractice include:
Misdiagnosis or delayed diagnosis
When a healthcare provider fails to accurately diagnose a medical condition or delays the diagnosis, patients can suffer serious harm due to delayed treatment. Misdiagnoses can lead to unnecessary treatments or the progression of preventable illnesses.
Surgical errors
Surgical mistakes, such as wrong-site surgery, incorrect procedures, or leaving surgical instruments inside the patient’s body, can lead to severe complications, infections, and even death.
Medication errors
Mistakes involving medication dosage, prescription errors, administering the wrong medication, or failing to consider drug interactions can have serious consequences for patient health and well-being.
Birth injuries
Errors during childbirth can lead to birth injuries such as cerebral palsy, Erb’s palsy, and brachial plexus injuries, affecting both the newborn and mother.
Anesthesia errors
Mistakes related to anesthesia administration can result in complications during surgery or even lead to patient death if dosages are not properly managed.
Hospital-acquired infections
Negligence in maintaining proper hygiene and infection control measures can lead to patients contracting infections during their hospital stay.
Failure to obtain informed consent
Patients have the right to be informed about the risks, benefits, and alternatives of medical procedures or treatments. Failure to obtain proper informed consent can lead to legal claims.
Negligence in follow-up care
When healthcare providers fail to provide adequate follow-up care, patients’ conditions can worsen, leading to unnecessary complications.
Radiology and laboratory errors
Misinterpretation of radiology images or errors in laboratory test results can lead to misdiagnosis or improper treatment.
Medical device or equipment malfunctions
Malfunctioning medical devices or equipment can cause patient harm, especially when healthcare providers fail to recognize and address the issue promptly.
Wrongful death
When medical malpractice leads to patient death, surviving family members may pursue a wrongful death claim to seek compensation for their loss.
Lack of informed consent
If a healthcare provider fails to adequately inform a patient about the risks, benefits, and alternatives of a medical procedure, and the patient suffers harm as a result, it may constitute medical malpractice.
Contact Us Today!
If you or a loved one have suffered harm due to medical malpractice, don’t hesitate to reach out to Friedland & Associates. Our experienced medical malpractice attorneys are here to listen, evaluate your case, and provide you with personalized legal guidance.
We offer free consultations to discuss your situation and determine the best course of action for seeking the compensation you rightfully deserve. Contact us today to learn more.
