New York Medical Malpractice Attorneys
Holding Negligent Parties Accountable
Medical professionals routinely save the lives of millions of people every year, but when they make a mistake, the consequences can be catastrophic.
What Is Medical Malpractice?
Medical malpractice is when a patient becomes injured due to a negligent act or omission by a doctor, hospital, or other type of health care professional. Mistreated patients can experience terrible pain, lifelong disabilities, and even death.
Often, the damage also impacts the patient’s family, who may suffer financially from lifelong medical expenses as well as:
- Loss of income
- Loss of health insurance
- Loss of pension
- Loss of retirement benefits
In addition, there is the emotional pain of losing a parent, spouse, or companion.
These devastating physical, emotional, and financial losses can impact malpractice victims and their families to the extent that life will never be the same.
Examples of Medical Malpractice
Medical malpractice can occur in a number of different ways, such as the following:
- Misdiagnose and failure to diagnose
- Unnecessary surgery
- Surgical errors (wrong surgery site, leaving objects in the body, etc.)
- Misinterpreting or ignoring laboratory results
- Improper medication or dosage
- Poor aftercare
- Premature discharge
- Disregarding patient history
These are just a few examples of the negligence a medical professional can engage in that would provide potential grounds for a medical malpractice lawsuit.
What Are My Rights as a Hospital Patient?
All hospital patients are afforded certain rights and protections guaranteed to them by state and federal laws and regulations. These laws and regulations help ensure the quality and safety of patients’ hospital care.
You Have a Right to Know about Your Medical Care
One of your most important rights as a hospital patient in New York is the right to participate in decisions about your medical care and to understand the care or treatments that you receive. This means medical professionals must clearly explain any tests, drugs, or treatments to you before prescribing them.
If for some reason you don’t understand the care or treatment being offered, you have the right to seek help from a doctor, nurse, social worker, or another patient representative. These individuals can help you get answers, contact your family, arrange foreign language and sign language interpreters, and provide other helpful services.
You Have a Right to Appeal a Hospital Discharge
Hospitals are busy places, so sometimes making room for a new patient means discharging another who may not be well enough to leave. If you are told to leave the hospital and disagree with the hospital’s decision, you have the right to appeal this decision – even if it was made by your doctor, another hospital staff member, or your managed care plan.
You can also have the right to appeal a hospital discharge when you believe you weren’t provided with adequate plans for medical care or other assistance after you leave the hospital and if you didn’t receive the services you needed to address the reason you came to the hospital.
You Have a Right to Access Your Medical Records
Under New York State law, all health care professionals and facilities must allow patients to access their own medical records, although some circumstances permit denying access.
Requests should be made in writing and access must be provided within 10 business days of the request. An additional written request must be made if you want copies of your medical records. Hospitals are allowed to charge up to 75 cents per page for copies of medical records. There are also Federal regulations governing an individual’s right to access their protected health information which allows for medical records to be obtained at a substantially lower cost.
You Have a Right to File a Complaint
If you believe the care a medical professional provided was negligent, incompetent, or fraudulent, you have a right to file a complaint with the New York State Department of Health, Office of Professional Medical Conduct (OPMC). These reports will be investigated and treated as allegations of possible professional misconduct.
Complaints can be filed against physicians, physician assistances, nurses, optometrists, psychologists, physical therapists, social workers, and any other kind of health care professional. Complaints can also be filed against hospitals.
You Have a Right to an Itemized Bill
Medical treatment is expensive, so it’s important to fully understand what you were charged for and why. You have a right to receive an itemized bill from the hospital, which should include all services rendered and their costs. You also have the right to ask questions and make complaints about any problems or anomalies you may encounter.
Schedule your free consultation online today.
Compensation for Medical Malpractice: Successfully Suing Multiple Parties
We obtained a significant 6-figure settlement on behalf of the estate of an elderly woman in a medical malpractice and neglect suit she filed against a doctor, hospital, and nursing home.
The woman, a nursing home resident in her early 90s, was being treated by a doctor who worked not only at the nursing home, but at the local hospital the patient was sent to for treatment.
In addition to the inadequate care the woman received at the nursing home and hospital, the doctor, who worked at numerous facilities, failed to order proper care and treatment and appropriately supervise staff at the hospital.
The patient’s festering bed sores got so infected that the woman’s leg had to be amputated. The case against the doctor and the nursing home was settled and the case against the hospital is still pending.
If you or a family member has been harmed by the mistake of a medical professional, our legal system allows you to seek financial compensation for your loss. While financial compensation can never erase the tragedy of medical malpractice, it can help to put your life back in order and to cope with the challenges that you and your family will face in the future.
If you are considering taking legal action due to medical malpractice, you should have the counsel of an experienced attorney on your side. Many medical professionals have insurance companies whose goal is to avoid paying fair compensation to the victims of medical malpractice.
Our law firm has experience in successfully resolving medical malpractice cases against physicians, hospitals, and nursing homes, and we have obtained millions of dollars in compensation on behalf of our clients. As we are paid on a contingency fee basis, there are no upfront costs to you, in most cases.
If you or a loved one has been injured due to medical malpractice, contact us online or call us at (888) 400-1691. We will do our best to ensure that you receive the maximum financial compensation for your pain and suffering.