What Is Doctor Negligence in New York City?
When facing a health concern, you put your trust in medical professionals. Sadly, some doctors do not provide patients with the accepted standard of care, which is the level of skill, attention, and treatment that a reasonable doctor in the same field would provide under similar circumstances. When failing to meet this standard of care results in injuries, it may constitute medical negligence.
To hold a physician legally accountable, your claim must establish these four elements of negligence:
- Duty of care: A formal doctor-patient relationship existed, creating a legal duty to care for you.
- Breach of duty: The doctor failed to meet the accepted standard of care.
- Causation: This specific failure directly caused your injury or worsened your illness.
- Damages: You suffered actual physical, emotional, or financial harm as a result.
If you suspect doctor negligence caused your injury, our attorneys can assess your situation and guide you through your next steps.
Liability in Doctor Negligence Cases
Determining who is responsible for medical errors is not always straightforward. Malpractice liability can extend beyond your individual doctor to include hospitals, nursing staff, and medical facilities.
Responsibility generally falls into two distinct legal categories:
- Direct negligence: This occurs when a doctor or nurse commits a personal and preventable error, such as a surgical mistake or misdiagnosis. It also applies to institutional negligence, in which a medical facility’s own failed systems, understaffing, or unsafe protocols cause harm to a patient.
- Vicarious liability: Under this legal rule, a hospital may be financially accountable for the careless actions of its employees.
Your case will likely involve both the doctor’s personal malpractice insurance policy and the hospital’s corporate coverage. Our dedicated doctor negligence attorneys can untangle these complex layers and pursue all available sources of compensation to support your recovery.
Types of New York City Doctor Negligence Cases We Handle
Our New York medical malpractice lawyers have the experience and resources to fight for victims of a wide range of physician errors, including:
- Misdiagnosis and delayed diagnosis: Failing to identify medical conditions before they progress
- Surgical errors: Mistakes in the operating room, including wrong-site surgery or leaving medical instruments inside a patient
- Medication errors: Prescribing the incorrect drug, giving the wrong dosage, or ignoring dangerous patient allergies
- Birth injuries: Failing to monitor fetal distress, delaying an emergency C-section, or making errors during an epidural, causing serious harm
- Anesthesia errors: Improper dosage calculations or failing to monitor vital signs during surgery
- Informed consent failures: Performing procedures without fully explaining the risks involved
- Test result failures: Ignoring or failing to follow up on lab and imaging reports
If you’re unsure whether your doctor made an error, our team can gather evidence to determine if medical malpractice or misconduct was connected to your injury.
Why Choose The Sanders Law Firm for Your Doctor Negligence Case?
When a doctor fails you, the physical, financial, and emotional consequences can affect every aspect of your life. At The Sanders Law Firm, we understand the struggles you may be facing and are ready to help.
Founded in 1967, we have over 50 years of experience representing injured New Yorkers, recovering billions in settlements and verdicts for our clients. We’re built for the New York legal landscape, with the financial resources and relentless grit to fight powerful institutions that may try to pay our clients less than their claims are worth.
With an expansive network of investigators and in-house medical consultants, we can prove liability, identify and calculate the value of your damages, and pursue the maximum compensation for your claim. There is no upfront cost to hire our team and no fees unless we win your case. Take the first step towards justice with a free and confidential consultation today.
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
How We Prove Doctor Negligence
Our medical malpractice attorneys take a litigation-forward approach when proving doctor negligence and building your claim. This means we prepare your case for trial from day one, giving us leverage at the negotiation table that protects your financial recovery. Here’s how:
- Obtaining medical records: We secure and carefully review every page of your charts, labs, and treatment history.
- Working with medical professionals: We match your case with a peer professional, ensuring a cardiologist reviews a cardiologist or a surgeon reviews a surgeon, to determine where an error may have occurred.
- Analyzing the breach: Our attorneys and in-house medical consultants identify how your healthcare provider deviated from the standard of care.
- Calculating your damages: We document your losses and suffering, including medical bills, lost income, pain, trauma, and permanent disability.
- Not backing down: Our team anticipates and counters corporate insurance tactics that try to shift blame to patients.
Doctor Negligence Statute of Limitations in New York
In New York, the standard statute of limitations for medical malpractice is strictly two years and six months from the date of the negligent error or from the date continuous medical treatment stopped. Missing this deadline means losing your right to recover any compensation.
However, there are some exceptions that can modify this timeline, including:
The Discovery Rule
If a surgeon leaves a foreign object inside your body, you have one year from the date you discover it, or reasonably should have discovered it, to file a lawsuit.
Medical Malpractice and Minors
For infants and children who are harmed by doctor negligence, the legal clock pauses until they turn 18. However, a lawsuit must be filed within 10 years of the date the error occurred.
Wrongful Death
If the doctor’s negligence led to the death of a patient, a wrongful death claim must be filed within two years of the person’s passing.
Because these laws are highly complex and strictly enforced, acting quickly is vital to protecting your rights. Our doctor malpractice lawyers can manage deadlines and handle every step of your claim, so you can focus on your recovery.
Contact The Sanders Law Firm Today
If a doctor acted carelessly and hurt you or a loved one, you don’t have to carry the burden of medical expenses, missed work, future health concerns, and financial stress on your own. Our doctor negligence attorneys are committed to protecting our clients by handling the legal legwork, holding insurance companies accountable, and filing lawsuits when necessary.
Our team is available 24 hours a day, seven days a week, to answer your questions and provide compassionate support when you need it most. Call (833) SANDERS or contact us online to schedule your free consultation today. We can meet over the phone, in your home, at the hospital, or at any of our New York office locations.