When you visit a healthcare provider or facility in Brooklyn, you trust that you will be provided the best possible medical care. Unfortunately, there are times when medical professionals, even those who we might consider to be medical experts, may make mistakes that negatively affect patients and their loved ones. 
If you have been the victim of a medical malpractice (also known as medical negligence) in Brooklyn, a dedicated attorney from the Rothenberg Law Firm LLP will fight for your rights to receive the justice and compensation you deserve. With over 50 years of experience representing personal injury clients and billions won and collected in verdicts and settlements, we will fight to get you the maximum compensation you deserve.
We do not provide cookie-cutter legal advice–to do so would not be in your best interests. Instead, our medical malpractice attorneys strive to learn as much as they can about your case and unique facts. Only then can we see just how the law should be applied.
Call us today for a free consultation—we’re eager to learn about your case and to provide you with a case evaluation.
What is Considered Medical Malpractice?
A healthcare professional commits medical negligence when a doctor, nurse, or other medical professional fails to provide adequate care. This leads to patient injury, harm, or even death. However, not all adverse events are considered malpractice. The care provided must deviate from accepted standards in the medical community for similar procedures and directly cause harm to the patient.
Common Types of Medical Malpractice
Medical errors result in death (which might mean we pursue a wrongful death claim) or injury for up to 80,000 patients annually. There are two major types of errors:
- Errors of omission. These are actions that are not taken, i.e., a patient is not secured in a wheelchair.
- Errors of commission. These occur due to wrong actions, i.e., a patient receives the wrong medication.
Here are some common examples:
- Incorrect diagnosis (misdiagnosis) or taking too much time to diagnose an illness; this could also include a failure to diagnose at all.
- Mistakes related to medication, such as prescribing the wrong drug or an inaccurate dosage
- Surgical errors, such as leaving instruments inside the patient after operations or amputating the wrong limb
- Mistakes in anesthesia administration, such as giving too much or too little anesthesia
- Birth injuries, including those caused by negligence during pregnancy, labor, or delivery
- Performing a procedure without obtaining informed consent
- Emergency room errors and misconduct
Compensation for Medical Malpractice Lawsuits
If you file a personal injury claim or lawsuit, your attorney may seek the following types of compensation:
- Past and future medical expenses related to the injury
- Loss of future earning capacity and current wages
- Pain and suffering, both physical and emotional
- Loss of enjoyment of life due to the injury
In some cases, where the negligence of the medical provider was particularly egregious, the affected person may receive punitive damages to punish the negligent party and deter similar behavior from happening again.
What is the Statute of Limitations to File a Medical Malpractice Lawsuit in New York?
New York's statute of limitations for filing a medical malpractice lawsuit is usually two and a half years and begins on the date the alleged incident occurred or the end of continuous treatment rendered by the negligent healthcare provider. However, exceptions and specific rules may apply depending on the circumstances of your case. Consult an experienced personal injury attorney as soon as possible to ensure your case is not time-barred.
How Do You Prove Medical Malpractice?
To prove medical malpractice, attorneys must typically establish the following elements:
- A doctor-patient relationship existed, and the healthcare provider owed you a duty of care.
- The healthcare provider breached that duty of care by providing care that deviated from the regular standard of care.
- This breach directly caused injury or harm to you.
- You suffered damages from the injury, such as additional medical expenses or the inability to work.
Proving these elements requires a thorough understanding of legal and medical standards, as well as a careful examination of the evidence. Our attorneys will make sure that you have expert medical testimony to bolster your case.
As seasoned personal injury lawyers who have handled all types of cases in the personal injury system, we know how to craft a case that will maximize your chances of recovering damages. While victims of medical malpractice have faced certain conditions that other personal injury victims may not have, our knowledge of personal injury law gives us a noticeable advantage when handling your case.
Who Can Be Found Liable in a Medical Malpractice Case in Brooklyn?
Several parties may be liable. Our experienced attorneys review each case carefully to determine possible options and may include the following:
- Doctors and surgeons
- Nurses and nurse practitioners
- Anesthesiologists and other specialists
- Hospitals and healthcare facilities
- Dentists and other dental care workers
- Medical device manufacturers
How Our Brooklyn Medical Malpractice Attorney Can Help?
If you believe you have been a victim of malpractice, our dedicated Brooklyn attorneys are ready to review your case and are eager to provide zealous legal representation.
Here are some of the responsibilities we handle on your behalf:
- Review your case and determine if you have a strong claim.
- Gather necessary evidence, including medical records, expert opinions, and witness statements.
- Estimate the value of your case in terms of how much you could reasonably receive in damages.
- Build a strong case by proving the elements of medical malpractice.
- Negotiate with the insurance companies to get you the compensation your case deserves.
- Represent you in court, if necessary, to protect your rights.
It takes an experienced medical malpractice attorney to ensure you are fairly represented. Pursuing a medical malpractice claim is extremely complex. To try and learn the nuances and procedures of New York law on your own would be extremely risky and would not set you up for success and would put you at a severe disadvantage when taking on the insurance companies.
Our medical malpractice lawyers have years of experience handling cases in all five boroughs which gives us an edge when taking on even the toughest opponents. We know, for example, that handling medical malpractice cases is not the same as representing someone who has been injured in a car accident. You need a personal injury lawyer who understands all of these dynamics and isn’t afraid to take on the insurance companies.
Contact Our New York Office for a Free Case Review
Our Brooklyn medical malpractice attorneys understand the emotional and financial toll medical errors can have on patients and their families. Our team provides compassionate service and aggressive representation. And with a law office conveniently located in Brooklyn, we are on call ready to address your legal needs.
We focus on holding responsible parties accountable and helping you obtain the justice you deserve. And while we are known for representing Brooklynites, our practice has taken us across New York City into all of the boroughs–whether it be Manhattan, Queens, the Bronx, Staten Island, and of course Brooklyn.
Contact our Brooklyn personal injury lawyer today for a free consultation and case evaluation. There is no obligation to hire us, and because we work on a contingency basis, there are no upfront legal fees. We only get paid after we win money for you.
Let the Rothenberg Law Firm help you on your path to recovery and get you the money you deserve.
