Wrongful Death Due to Medical Malpractice

Bronx Lawyers Representing Victims of Health Care Negligence

The medical malpractice lawyers at Jesse Minc Personal Injury Law represent people who have suffered injuries or a wrongful death due to medical malpractice in the Greater New York City region. Many of the members of our team of experienced and knowledgeable attorneys have been recognized as leaders in their fields by their peers in representing victims of medical malpractice all across New York City. Our Bronx wrongful death attorneys work tirelessly to obtain the maximum amount of damages available for our clients under the law, and we take pride in making certain that each client receives the attention that they need.

In wrongful death cases, we commit ourselves to obtaining compensation for the families of medical malpractice who have lost a loved one due to medical negligence. Our clients always have direct access to the attorney working on their case; our lawyers will provide you and your family access to them via cell phone, day or night, so that your questions are answered in a timely fashion so that you can be satisfied that your case is receiving the proper amount of attention and care that you deserve. Our commitment to our clients shows in our greater than 95 percent success rate in the courtroom and at the negotiating table.

Most injury claims in New York City involve the legal theory of negligence, which requires proof that a person owed a duty of care to the injured person, that they breached this duty, that the breach caused the injuries in question, and that the injured person suffered measurable damages as a result. When the victim’s injuries prove fatal, their representative can file a claim for wrongful death on their behalf. In fatal medical malpractice cases, the legal test is whether a doctor or other medical provider departed from applicable standards of care and proximately caused the death of a patient in so doing. We will risk our own substantial financial resources, and will invest in your case at our own risk, to help you meet these legal tests by hiring the best experts, and obtaining the best quality evidence possible, to give you the best possible chance of victory in your medical malpractice case.

Medical Malpractice in New York

Medical malpractice is a particular form of negligence which specifically applies to doctors, podiatrists and other medical providers. Based on medical professionals’ license, training and expertise, they owe a specific duty of care to their patients above and beyond duties of care owed by non-doctors to others in the community. A plaintiff alleging medical malpractice must establish the existence of a doctor-patient relationship with the defendant (i.e., the rendering of some form of medical treatment), with them as the patient and the defendant as the medical provider.

Proving that the defendant breached their duty of care requires showing that they departed from the standard of care that would apply to a competent doctor, nurse, or other medical professional in a similar situation, such as by making a surgical error or failing to diagnose a particular condition. If the defendant was employed by a hospital or another medical facility, their employer could be liable for their negligence under the doctrine of respondeat superior. Hospitals are often responsible when patients come in to a hospital through the emergency room, or are otherwise deemed to be “service patients” of the hospital.

Damages in Wrongful Death Cases Involving Medical Malpractice

A New York medical malpractice claim alleging wrongful death requires proof of quantifiable economic damages, including medical expenses, lost wages, and lost love and guidance and support to the family. Claims for conscious pain and suffering are also often part of a medical malpractice case involving wrongful death, and these claims can be successful if it can be proven that a deceased patient actually experienced pain, fear of death, or other horrible things incident to the malpractice that caused their death in a conscious manner

In a claim for wrongful death due to medical malpractice, damages may also include medical and funeral expenses arising directly from the alleged negligence, in addition to the aforementioned economic losses suffered by the decedent’s family, dependents, or heirs. These may include loss of financial support from the decedent’s employment and loss of future support. If evidence exists that the decedent suffered pain, fear of death, or other injuries prior to their death, their representative may also be able to recover damages for conscious pain and suffering.

A wrongful death lawsuit alleging medical malpractice begins with the filing of a complaint in a New York court. The complaint must identify the parties, state the facts of the case and the causes of action asserted by the plaintiff, and demand damages. Lawsuits against public hospitals or other government-owned or -operated facilities may also require filing a notice of claim. A lawsuit alleging wrongful death due to medical malpractice in New York must be filed within two and one half years of the decedent’s death.

Explore Your Legal Options with a Medical Malpractice Attorney in the Bronx Today

At Jesse Minc Personal Injury Law, we offer more than just a team of skilled attorneys who are dedicated to providing the highest quality of legal representation. We also have access to the best experts and investigators in New York City. Our staff includes a retired N.Y.P.D. detective who investigates claims and locates witnesses and evidence. Our network includes experts in medicine, insurance, forensics, and other fields. As part of your free, no-obligation initial consultation with us, we will conduct a preliminary investigation of your case, which includes obtaining copies of medical records. All of our services are available at no up-front cost to you—we pay all of the expenses associated with preparing your case, and you only need to pay us back if we recover an award or settlement for you. To schedule a confidential consultation to see how we can help you, contact us today through our website or at (718) 354-8000. We represent victims in the Bronx, Manhattan, Queens, Brooklyn, and throughout Nassau, Suffolk, and Westchester Counties