Medical Malpractice
If you think medical malpractice has been committed, call our personal injury team to discuss the merits of your medical malpractice claim as soon as possible. Some medical malpractice cases against hospitals owned or operated by the City of New York, the State of New York, or any other type of municipality or government in New York (and/or physicians therewith) may have very strict reporting requirements. It may be as brief as 90 days from the date the medical malpractice was committed.
Many times, if a "Notice of Claim", a formal legal document, is not properly prepared and filed within 90 days, you may be barred from ever pursuing your medical malpractice claim. Even if you timely file the Notice of Claim, a lawsuit for medical malpractice against the City, State or other government entity often must generally be started within one year and ninety days of the medical malpractice. And, although, medical malpractice cases against private doctors and facilities have longer statutes of limitations, medical malpractice cases take much longer to process and investigate and action should be commenced as soon as possible. Therefore, it is important to speak with our personal injury team to ensure your potential medical malpractice claim is protected.
Medical malpractice cases can also be a case of "lack of informed consent". This means that the doctor performed a procedure, often a surgery, without getting the proper consent from the patient. An "informed consent" case is when:
- The patient was advised of the risks, benefits and alternatives to the recommended procedure or surgery;
- After being advised of the risks, benefits and alternatives, the patient gave consent to undergoing the procedure;
- If the patient was not advised of the risks, "an objective person" with the patient's condition, having been advised of the risks, benefits and alternatives of the procedure or surgery, would have consented to the procedure.
Any type of doctor, including surgeons, specialists, family doctors, dentists, even chiropractors, can commit malpractice. If you believe that you or someone close to you has been a victim of medical malpractice, call our personal injury team right away for more information on how to protect your rights and how to recover damages for your injuries.
The call is free. The consultation is free, and if our lawyers handle your medical malpractice case, the firm will not receive any money unless and until we get you a money damage award.