The medical malpractice lawyers at the Jesse Minc Law Group represent patients throughout the Greater New York City region who have been injured as a result of surgical errors and other health care mistakes, such as a misdiagnosis. We understand how painful and stressful it can be to go to a medical professional to improve your health and wellbeing, only to come out feeling worse. Our Bronx surgical malpractice lawyers have a strong track record of success for the people whom we represent, whether this involves litigating cases in court or negotiating with defendants and insurers at the settlement table. We are committed to providing clients with personalized legal services, taking into account each individual’s unique needs and circumstances.
Surgical errors are an unfortunately common form of medical malpractice. Whether you go under the knife for a relatively routine outpatient procedure or seek treatment for a life-threatening impairment, the truth is that medical professionals can and do make mistakes. Cases of surgeons leaving their tools inside their patients’ bodies or performing a procedure on the wrong part of the body happen more frequently than some people may be aware. That is not to mention anesthesia errors, which can cause excruciating pain and brain damage, or situations in which a surgeon operates despite a lack of informed consent from the patient.Pursuing Compensation for a Surgical Error from a Negligent Health Care Provider
If you or a loved one is injured by a surgical error or other malpractice, you have the right to seek compensation from those responsible for your injuries. In many cases, that will be the doctor or other health care professional who made the mistake, as well as his or her employer and the owner of the facility where the malpractice happened. However, a surgical malpractice attorney at our Bronx firm can advise you in more detail on which parties you may be able to hold liable.
The money damages commonly available in these cases include compensation for medical costs related to the error, missed wages due to time away from the job, and reduced earning capacity as a result of the injury. In many cases, an injured person can also get additional compensation for pain, suffering, and emotional distress. In the tragic event that a person dies as a result of medical malpractice, his or her spouse has the right to seek damages for wrongful death.
Medical malpractice is a form of negligence, an area of personal injury law that holds people and entities responsible for failing to live up to a “standard of care.” Doctors and other medical professionals are held to a certain standard based on their training, experience, and expertise. The specific standard of care expected in any given case depends largely on the individual circumstances of the situation, and is always proven by the testimony of an expert physician in the same field as the surgeon alleged to have committed medical malpractice. To prove medical malpractice in a surgical error case, your Bronx surgical malpractice attorney will need to show that the person who made the error did not live up to the standard expected of a reasonable medical professional in a similar situation, and caused you harm as a result.
Before you get to that step, however, there are some procedural requirements for filing a medical malpractice lawsuit in New York. State law requires a person suing for malpractice, or the plaintiff’s lawyer, to first certify that he or she has consulted at least one medical professional about the case and that there is a reasonable basis for filing suit. It is also important to keep in mind that the law generally requires you to file a lawsuit within 30 months (2.5 years) of the surgical error. When that deadline begins to run may vary based on the type of error involved and the person injured. It is important to discuss your case with an experienced lawyer as soon as possible.Contact a Dedicated Surgical Malpractice Lawyer in the Bronx
At the Jesse Minc Law Group, our personal injury lawyers are dedicated to helping clients get back on their feet after medical negligence has harmed them. Our attorneys are successful in court or at the negotiating table in more than 95 percent of the cases that we handle. We offer free consultations to people throughout New York City and the surrounding areas, including in Manhattan, the Bronx, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee in most cases unless we are successful. Call us at (718) 354-8000 or contact us online to get started on discussing your case. We can handle not only surgical malpractice claims but also cases arising from many other forms of medical malpractice, such as birth injuries or medication errors. Se habla espanol.