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Medical Malpractice Lawsuits in New York

scale of justice and gavel on deskMedical malpractice lawsuits in New York cost the state millions of dollars each year because of medical mistakes at public hospitals. In 2012 alone, $124 million was paid out as a result of claims of negligence at 11 public hospitals in New York.

Public facilities are not the only healthcare providers making mistakes either.  Private hospitals, health clinics, primary care physicians and medical specialists throughout the state are subject to thousands of malpractice claims annually.

The Sanders Firm team of New York medical malpractice lawyers has been committed to the victims of medical malpractice in this state for over 45 years. Our team of medical experts, investigators, and legal professionals work tirelessly to find out what went wrong in our clients’ medical care and who is responsible. It is our mission to get some measure of justice, closure and compensation to these innocent victims.

Liability in a medical malpractice lawsuit

A medical malpractice lawsuit is a civil claim filed against a doctor or a healthcare provider who the plaintiff believes provided substandard medical care. Every doctor or care provider who treats patients has a legal duty to provide quality professional care to those patients. When a medical professional fails to provide the proper standard of care, that provider may be held liable for harm that occurs as a direct result of that failure.  New York area hospitals and clinics are also legally responsible for substandard safety policies or for the negligent and unprofessional actions of staff members.

Personal injury lawsuits in New York are filed by patients who survived negligent medical care but who were injured and want to be fully compensated for their economic and non-financial losses caused by the malpractice. Wrongful death claims are filed by surviving family members of patients killed because of medical errors. The purpose of a wrongful death medical malpractice claim is for the surviving family members to be compensated both for funeral costs and medical expenses incurred prior to death as well as for lost companionship and the loss of the income their family member would have contributed if the early death had not occurred.

Lawsuits can be resolved in court, where personal injury attorneys assist clients in recovering compensation by convincing a jury that a defendant is to blame for injuries caused by medical mistakes. Claims may also be resolved through an out-of-court settlement if a malpractice insurance carrier determines that the policyholder will likely be found responsible for medical negligence.

Malpractice is a major risk in New York

Unfortunately, recent data has demonstrated that there are very high rates of medical malpractice in the state of New York. As part of its Court Statistics Project, the National Center for State Courts released a report in April of 2011 about malpractice litigation.

This report on NY medical malpractice statistics revealed that:

  • New York is one of the top states where medical malpractice claims are made. Nationwide, in 2012, there were a total of 12,142 medical malpractice claim payouts. This means an injured patient or surviving family members received compensation for medical negligence an average of once every 43 minutes. Diederich Healthcare reports that five states accounted for 48 percent of all malpractice payouts in 2012, and New York was one of those five.
  • New York is one of the only states in the U.S. where malpractice claims remained nearly level between 1999 and 2008. In nearby Connecticut, for example, malpractice claims fell by 30 percent from 1999 to 2008. In New York, claims fell by just one percent over this same time period.
  • There were 4,195 incoming malpractice claims filed in New York in 2008.  New York, along with New Jersey, was one of only two states where there were more than 1,000 lawsuits filed over the course of the year.
  • For every 100,000 people in the state of New York, there were 21.5 incoming claims for medical malpractice in 2008.
  • A total of 7.4 percent of all tort lawsuits the state of New York in 2008 were medical malpractice claims.

This data clearly shows the extent of the problems with medical care provided to many New York residents and visitors seeking medical assistance. In 2012, Diederich Healthcare reports that a total of $763,088,250 was paid out to medical malpractice plaintiffs in New York.  These payments were made to individuals who had experienced great loss as a direct result of errors made by their physicians.

Filing medical malpractice lawsuit NY

Despite the advanced training that physicians and care providers are required to undertake, it is clear that there are many situations where patients suffer because of substandard care. A medical malpractice lawsuit provides the best and often only recourse for someone who has been hurt by the actions of a healthcare provider who was supposed to help.

If you or a loved one suffered harm as a result of hospital negligence or doctor error in Manhattan, Queens, Brooklyn, Bronx, Staten Island or Long Island, contact the personal injury lawyers at The Sanders Law Firm today to schedule a free no-obligation case evaluation.  Call toll-free: 1.800 FAIR PLAY (800.324.7752).

  1. Court Statistics Project, Medical Malpractice Litigation in State Courts, https://www.courtstatistics.org/flashmicrosites/csp/images/ch-18-1.pdf

  2. Diederich Healthcare, 2013 Medical Malpractice Payout Analysis, https://www.diederichhealthcare.com/medical-malpractice-insurance/2013-medical-malpractice-payout-analysis/

  3. New York Daily News, Medical malpractice lawsuits have cost city $134 million this year and range from babies crushed to crucial misdiagnoses, https://www.nydailynews.com/life-style/health/medical-malpractice-lawsuits-cost-city-134-million-year-range-babies-crushed-crucial-misdiagnoses-article-1.1145098#ixzz2oL5wEyDG