New York Medical Malpractice Lawyer
New York Medical Malpractice Lawyer
The United States spends more on healthcare than any other developed nation. Among states, New York ranks second for health spending. Given what the average New Yorker pays for medical care, there is little tolerance for errors such as misdiagnosis, unnecessary treatment, and medication errors. At the very least, we expect that the cure will not be worse than the disease. Medical errors are one of the leading causes of death in the country.
But medical mistakes are shockingly common. Recent studies estimate that medical errors account for hundreds of thousands of deaths annually in the United States. That makes medical errors the country’s third leading cause of death. More people die every year from medical mistakes than they do from car accidents, pneumonia, and diabetes. Roughly 1 out of 10 U.S. deaths is the result of medical errors or mistakes. As many as 1 in 5 adults may have experienced some type of medical error in their lifetime.
The Sanders Law Firm represents victims of medical malpractice in New York City, New York State, and Long Island. Families turn to us because they’ve been to the doctor hoping to get better—and instead get worse. With more than 50 years of experience and a team of proven trial lawyers, The Sanders Law Firm is one of the largest, most aggressive, and most successful personal injury firms in New York.
If you were harmed due to suspected medical negligence, we can help you understand your legal rights and discuss possible financial compensation for your injuries. To schedule a free consultation with a New York medical malpractice lawyer, call us at 1-833-SANDERS or use our online contact form.
How Common is Medical Malpractice?
Medical malpractice is much more common than you might think. While a medical professional typically has many years of training, they can still make mistakes. Not all mistakes that happen in a hospital, doctor’s office, or nursing home rise to the level of medical malpractice. But many do. Thousands of medical malpractice payments are made to injured patients each year.
To Err is Human, a report published in 1999 by the Institute of Medicine, is considered by many to have started the modern patient safety movement. The report, which highlighted the incidence of medical mistakes and preventable deaths in the United States, found that errors cause between 44,000 and 98,000 deaths and over one million injuries every year in American hospitals. Researchers have found that an estimated 2 million adverse events occur in New York State hospitals each year.
More recently, a 2017 Johns Hopkins study claimed that more than 250,000 people in the United States die every year due to medical mistakes. That would make medical errors the third leading cause of death, trailing only after heart disease and cancer. Other research puts the number of people killed annually by medical negligence as high as 440,000.
The authors of the Harvard Medical Practice Study attempted to measure the extent of medical malpractice in hospitals in New York State. They found that adverse events occurred in 3.7% of hospitalizations. Of these, 27% were due to negligence. Based on these figures, in a typical year there are an estimated 2 million adverse events in New York hospitals, with more than 20,000 of these involving negligence.
According to statistics cited by Hofstra University, New York is the fourth leading state for medical malpractice. Nationwide, over a recent ten year period there were nearly 144,000 payments made for medical malpractice. Medscape reports that the average medical malpractice settlement is around $425,000, and the average medical malpractice jury award is over $1 million. In 2018, more than $4 billion was paid to plaintiffs in medical malpractice lawsuits.
Don’t Pay Unless You Win
Our New York Medical Malpractice Attorneys Will Fight For You
Stanley Sanders founded The Sanders Law Firm in 1967. For more than 50 years, personal injury victims across New York State have found the help and support they need from our attorneys. Our legal team is dedicated to guiding clients through the physical, emotional, and financial challenges of a medical malpractice claim. We will support you at every step of the legal process and pursue your case with expertise, compassion, and hard work. We’re dedicated to recovering maximum compensation to pay for your medical expenses, lost wages, pain and suffering, and other losses. You are not alone in your fight for justice. The Sanders Law Firm is here for you.
Serving residents of Brooklyn, the Bronx, Queens, Manhattan, and Long Island, our New York medical malpractice lawyers are available 24/7. To set up your free, no-obligation consultation, please call 1-833-SANDERS or Contact Us.
Types of Medical Malpractice
Just because medical malpractice is common, that doesn’t mean it is acceptable. Even when the facts are on your side, proving medical negligence is an uphill battle. Healthcare professionals have malpractice insurance that covers their attorneys’ fees and any compensation paid to an injured patient. Since insurers will strongly defend malpractice claims, you need a medical malpractice attorney who will fight to advance your interests.
The Sanders Law Firm provides legal representation on a contingency-fee basis. Pay no legal fees and unless and until we recover compensation for you. Our medical malpractice attorneys represent clients in cases of:
- Birth Injury
- Doctor Negligence
- Hospital Infections
- Hospital Negligence
- Nursing Home Abuse
- Surgical Error
- Pharmacy Errors
Were you or a loved one the victim of medical negligence? Learn your legal options during a free consultation.
Grounds For Filing a Medical Malpractice Claim
New York is home to some great hospitals and doctors. Institutions such as New York-Presbyterian, NYU Langone, and Mount Sinai rank among the best not only in New York State, but the entire country. However, New York is also one of the top states in the country for medical malpractice.
A medical malpractice lawsuit alleges negligence on the part of a healthcare professional (such as a doctor, nurse, or medical technician), although you may be able to bring a lawsuit against the healthcare facility (e.g. a hospital or nursing home). Negligence, in medical malpractice law, is defined as the standard of care. In legal terms, the standard of care is the care that a similarly qualified medical professional would have provided under the same or similar circumstances.
Examples of medical negligence that could lead to an actionable malpractice claim include:
- Birth injuries
- Failure to diagnose a medical condition
- Doctor negligence
- Hospital malpractice
- Delayed diagnosis
- Anesthesia error
- Surgical negligence
- Hospital negligence
- Nursing home abuse
- Anesthesia error
- Surgical errors
- Improper consent before surgery or other medical procedure
- Prescription error
Missed, failed, or wrong diagnoses are the most common types of medical malpractice claims, accounting for an estimated one-third to one-half of all malpractice lawsuits. These claims cover negligent medical care such as:
- Misdiagnosis of cancer
- Failure to diagnose cancer
- Misdiagnosis of infectious disease
- Misdiagnosis of heart attack and stroke
- Failure to diagnose meningitis
- Delayed treatment of kidney or liver disease
Having something go wrong under the trusted care of a healthcare provider can be a worst case scenario. Maybe you are feeling worse after what should have been a speedy and uneventful recovery. Perhaps something didn’t go right during the birth of your child, or when a parent was in a nursing home. Whatever went wrong, knowing that it may have been caused by the very professionals you trusted adds insult to injury. Hospitals and insurance companies often try to do to conceal damaging information.
If you have questions about the medical care that was provided and want answers, The Sanders Law Firm is here to help. You tell us what happened, and we’ll tell you whether filing a malpractice lawsuit may be appropriate. With our 50+ years of experience handling medical malpractice claims, we know what hospitals and insurance companies may try to do to conceal damaging information. To get to the bottom of a negligence claim, it’s important to retain a NYC medical malpractice lawyer who can conduct a thorough investigation.
Complexity of New York Medical Malpractice Lawsuits
In medical malpractice cases, you are entitled to compensation that can help cover the costs you sustained and will continue to incur due to your injury. However, under New York law, the burden of proving medical malpractice is on the patient. Winning a medical malpractice case in NY is a complex and daunting task that requires a highly skilled legal team.
The Sanders Law Firm boasts a long track record of settlements and verdicts in medical malpractice cases. We have recovered hundreds of millions of dollars for injured New Yorkers and built a reputation as one of the state’s best personal injury law firms.
You should be aware that there is a two and a half year statute of limitations to file a medical malpractice claim in New York. Your suit must be filed within 30 months of either the malpractice incident, or the last day of continuous care provided by the person or place you are suing. Failure to follow the statute of limitations could permanently jeopardize your ability to take legal action.
Damages Awarded in Malpractice Cases
A medical malpractice lawsuit in New York can recover a wide range of compensatory damages. These may include:
- Medical and psychological treatment,
- Physical and mental pain and suffering
- Loss of enjoyment of life
- Loss of income and earning power
- Partial or permanent disability,
- The costs of medical, therapeutic, and rehabilitative services, equipment, and appliances
- Punitive damages (in cases where there is exceptionally egregious conduct)
Recent NY Awards for Malpractice Injuries
The following are examples of recent malpractice lawsuit outcomes in the State of New York. Keep in mind that every lawsuit is different, and that outcomes vary. Actual compensation is based on the actual injuries and relevant facts.
- $130 million was awarded to a Long Island family whose 10-year old daughter, now with cerebral palsy, suffered oxygen deprivation at birth due to hospital negligence and can no longer take care of herself. The hospital offered the family an $8 million settlement which the family rejected. A jury ultimately awarded the family the larger amount.
- $26 million was awarded to the family of a Brooklyn, NY boy who suffered brain damage resulting from birth injury malpractice.
- The widow and children of an army vet were awarded $5.9 million in a lawsuit against the Manhattan VA Hospital for failing to properly diagnose the veteran’s gastric leak incurred while undergoing bypass surgery. The judge ruled that the hospital’s failure to monitor the individual properly after surgery was “inexplicable and inexcusable.”
At The Sanders Law Firm, Success Is A Tradition
Founded in 1967, The Sanders Law Firm has flourished into one of New York’s most successful personal injury practices, with an accomplished team of attorneys, paralegals, health care consultants, and support staff. Our trial attorneys take new cases on a contingency basis, which means there is no cost to the client unless we secure monetary damages on your behalf.
Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
At The Sanders Firm, there is never any charge to evaluate your case. We have helped thousands of injured clients throughout New York City, Long Island, Brooklyn, Bronx, Queens, and Staten Island, and we’re prepared to help you too. In just the last five years we have procured over $100 million dollars on behalf of our clients, thanks to our vast resources and experienced attorneys. Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
To set up your free, no-obligation case review with a New York personal injury lawyer, please call (516) 591-3208 or contact us using our online form. Our friendly staff is standing by to take your call 24 hours a day, 7 days a week.
The Sanders Law Firm is a New York personal injury practice with offices in Long Island, Manhattan, Queens, and Brooklyn.