Learn More About Medical Malpractice

It is believed that an error is made in 1/3 of all medical procedures. Even the smallest of these carry life-altering consequences.

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Even the best trained doctors make mistakes.  When they do, you need to know that your law firm will be there to help you recover.  As hospitals and all medical work become more and more monetized, there is increased pressure to treat as many patients as possible as quickly as possible. Instead of being looked at as a human being, you are treated as a commodity, and a potentially expendable one.  According to the Institute of Medicine, as many as 98,000 people die each year from avoidable medical errors.

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At Curan & Ahlers LLP, we have years of experience helping people who have suffered due to medical malpractice. Over the years we have earned a reputation for standing up to medical corporations and doctors. We will not back down from a fight and will not stop fighting for you until you have received the compensation you are entitled to.

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Drug and Medical Device Litigation

The most valuable currency in our country is trust. It is because of this trust that we put our lives in the hands of corporations that produce the drugs and medical devices that we hope will keep us healthy. However, in a rush for profits these companies have sold defective drugs and medical devices in increasing numbers. The drug or medical device you are using to help with one ailment may have side effects that can lead to new, and in many cases worse, conditions. Some of these side effects may even have deadly consequences.

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If you or a loved one has suffered due to defective drugs or medical devices, you understand the pain that they can cause. This isn’t limited to physical pain. The emotional pain and suffering is often the hardest part to deal with, and can affect an entire family. You need an experienced New York drug lawsuit attorney who is not afraid to take the fight to big corporations and not back down.

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Many attorneys look to immediately settle your case and move on. At Curan & Ahlers,LLP our attorneys believe that everybody deserves to be represented by the best; someone who not only sees you as a client but as a person. Not only are we experienced litigation attorneys, we will help guide you through the difficult time after an injury and make sure you are on the path to recovery. We promise to restore your dignity and make sure you are treated fairly and with respect by these big corporations.

 

If you or a loved one has suffered due to a defective drug or medical device please call us at:
(914) 428-3313 or fill out our online contact form to find out what your rights are.

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If you are seeking justice, partnering with a top-notch medical malpractice lawyer in Westchester County can make all the difference. Keep reading to learn more about medical malpractice in the Westchester area.

 

What is considered medical malpractice?

Essentially medical malpractice is an injury to a patient by a hospital, doctor, or other health care professional due to negligence or an omission of care. The negligent act or omission could be the result of a misdiagnosis, incorrect treatment, or during aftercare or general health management. 

In order to be considered medical malpractice in a court of law, the plaintiff will need to file a claim that contains the following:

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1. The injury resulted in significant damage: In order for a medical malpractice claim to be worthwhile to litigate, the patient needs to show that significant damage was the direct result of the negligence or omission by the hospital, doctor, and/or other medical personnel. The patient needs to show that the injury resulted in a permanent disability, loss of income, pain, suffering, and hardship, and/or significant medical bills. The main reasoning for this is that medical malpractice lawsuits can be time-consuming and very expensive. 

2. The injury was caused by negligence: An unfavorable outcome from a medical procedure is not medical malpractice. The patient needs to show that the injury that occurred would not have occurred if the negligence did not exist. There is no case if there is an injury without negligence.

3. A violation of standard care occurred: Standard care can be defined as treatment or procedures that are recognized by a consensus of healthcare professionals to be standard and acceptable given the circumstances. The patient should be able to reasonably expect that their doctor, hospital, and/or health care professional will deliver care that is aligned with these standards. If the standard of care was not present, then there may be a solid argument that negligence was present. 

 

Again, it is important to note that any claim of medical malpractice should have all three of these characteristics to pursue in the court of law. It is not enough to have one or two. All three are required. If you are in the Westchester area and need a  medical malpractice attorney, contact Curran & Ahlers.

 

What is the average payout for malpractice?

The state of New York does not put a cap on the total compensation that can be awarded to a patient in a medical malpractice case. The average payout for a medical malpractice lawsuit in the state of New York in 2018 was about $446,461. The national average payout for medical malpractice lawsuits during the same year was around $348,065. By looking at these figures, we can determine that the average medical malpractice payout was around 22% higher than the national average payout. 

 

What are the 3 most common types of medical negligence?

The three of the most common types of medical malpractice claims in Westchester include failure to make the correct diagnosis, injuries as a result of childbirth, and medication errors. 

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1. Failure to make a correct diagnosis: Misdiagnoses are a major problem in the United States. Misdiagnoses are occurring not just by doctors in hospital settings, but by family physicians and outpatient clinics. It is estimated that about 12-million adults per year get misdiagnosed in the US. The same study determined that of those 12-million misdiagnoses per year, 50% of them had the potential to be extremely harmful. For a misdiagnosis to be considered medical malpractice, a healthcare professional needs to make a wrong diagnosis, or make a delayed diagnosis because they failed to notice something that a different healthcare professional would have noticed in similar working conditions. 

2. Injuries as a result of childbirth: Injuries that occur during childbirth happen more often than people realize. Common injuries are broken bones and nerve damage. Although events like these are almost always an accident, if it leads to permanent damage to the child, a medical malpractice lawsuit might be awarded damages to help pay for future care. 

3. Medication errors: Medication errors can occur when a pump or piece of equipment malfunctions that are responsible for giving a patient medication, when a patient is given the wrong medication by a healthcare professional, or when a patient is given the wrong dose. If any of these three scenarios lead to harm to the patient, then a medical malpractice lawsuit may be pursued.

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What is the statute of limitations for medical malpractice in NY?

The New York Statute of Limitations for medical malpractice is two years and six months from the date of the malpractice or the end of continuous treatment. This includes medical, dental, and pediatric malpractice. If the malpractice occurs to a minor, the two years and six months do not start until they reach adulthood. 

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Is there a medical malpractice cap in New York?

Officially there is no cap on the amount that can be awarded in medical malpractice lawsuits in the state of New York. This can lead to higher amounts of damages awarded to patients in New York when compared to the national average. 

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What are the 4 things that must be proven to win a medical malpractice suit?

There are four main things that must be proven to win a medical malpractice suit. They are duty, dereliction, direct cause, and damages. Duty refers to the duty of care that a patient has a right to. Dereliction is a breach of this duty of care. Direct cause is establishing that the injury was a direct result of the breach of duty of care. Damage refers to the economic and indirect losses suffered by the patient as a result of the injury or illness. If a patient has all four of these elements, then a lawyer is more likely to be able to take on their medical malpractice case. 

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How do you prove medical malpractice?

Proving medical malpractice comes down to demonstrating that a doctor, hospital, or other healthcare provider was negligent and that their negligence caused significant harm to the patient that could have been preventable in normal circumstances by a different medical professional.

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1. A doctor-patient relationship existed.

2. The doctor was negligent.

3. The doctor’s negligence caused the injury.

4. The injury led to specific damages.

5. There was an incorrect or delayed diagnosis.

6. There was Improper treatment or a medication error.

7. There was a failure to warn patients of known risks of a specific treatment or procedure. 

 

This list comprises what must be proven to have a valid medical malpractice case in most states within the US. 

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What constitutes medical malpractice in NY?

An individual, working with a licensed attorney in the state of New York, may bring a medical malpractice lawsuit against a healthcare provider if an injury has been suffered based upon negligence, misconduct, errors, omissions, or breach of contract by that provider. A healthcare provider includes any individual or organization employed or involved in the provision of healthcare services or treatment. 

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What are the basic requirements for proving a medical malpractice claim?
In order to prove a medical malpractice claim, there are four basic requirements. First, the plaintiff must prove that a medical professional-patient relationship existed. This establishes a duty that the doctor has to the patient. A medical professional can not be sued for medical malpractice if the plaintiff is not able to prove that they had hired the medical professional and the medical professional agreed to be hired. Second, the plaintiff must prove the doctor was negligent. The plaintiff must prove that the medical professional that treated them did not act in a way that a competent medical professional, under the same circumstances, would have acted. This standard is called "deviation from standard practice." It is often very difficult to prove that a medical professional deviated from the standard of practice and this often requires trained medical experts to prove the standard of practice and that the medical professional deviated from said standard when treating the patient. At Curan & Ahlers LLP, we hire experts to evaluate the plaintiff and often testify at trial. Third, the plaintiff must prove damages. The plaintiff must prove that they have suffered damages such as time lost from work and medical bills due to the negligence of the medical professional. Fourth, the plaintiff must prove that the doctor's negligence directly caused your damages. 

 

What types of medical professionals can be sued for medical malpractice in New York?
In New York, an injured plaintiff may bring a claim against any licensed health care provider. This includes hospitals, doctors, nurses, physical therapists, and mental health care professionals. Curan & Ahlers LLP has 35 years of experience in bringing medical malpractice claims against all of the above-mentioned medical professionals and entities and is ready to handle your complex medical malpractice claim. 

 

How long do I have to file my medical malpractice claim in New York?
In New York, an injured plaintiff must file their medical malpractice action within two and a half years from the date that the action accrues. This rule is known as the "statute of limitations." If an injured plaintiff does not bring their medical malpractice claim within two and a years from the date the action accrues, they will be barred from ever bringing that action. This means that if an injured plaintiff was to attempt to sue a doctor for medical malpractice three years after the date that their action accrued, the court would dismiss that action. An action accrues on the date that your injury has been, or should have been, discovered. This is known as the "discovery rule." This means that if you did not discover that you had been injured due to medical malpractice until several months after the date of a procedure or surgery or other medical treatment, and a reasonable person would not have discovered the same injury had it happened to them during that same time period, the statute of limitations will begin on the date that you discovered the injury. At Curan & Ahlers LLP, we help potential plaintiffs to navigate the complex statute of limitations and discovery rule to ensure that they are not barred from receiving the compensation they deserve due to legal technicalities. 

How long do I have to file my medical malpractice claim if I am the victim of medical malpractice at a publicly-owned hospital?
The time in which to bring a medical malpractice claim can become very complex when dealing with publicly-owned hospitals. If medical malpractice is committed at a publicly-owned entity such as Westchester Medical Center or SUNY Downstate Medical Center, you must notify the public entity that owns the hospital within 90 days that you intend to bring a claim against the hospital. This is called a Notice of Claim. Drafting a Notice of Claim is very complex as the insurance carriers for these publicly-owned hospitals often have lawyers that will scrutinize the Notice of Claim and find any way possible to bar the injured plaintiff's claim. At Curan & Ahlers LLP, we have served Notice of Claims on countless publicly-owned hospitals and our attorneys are experts in ensuring that the Notice of Claim is properly drafted and served to ensure that our clients will not be barred from receiving the compensation they deserve due to this legal technicality. 

 

What are some of the things I can sue for in a medical malpractice claim in New York?
In New York, an injured plaintiff is able to sue for several damages that they incurred due to medical malpractice. First, there are actual damages which are out-of-pocket items that the injured plaintiff incurred due to the medical practice: medical bills or lost earnings due to the inability to work. There are also general damages that the injured plaintiff has incurred and can bring a claim for in a medical malpractice action such as pain and suffering, future medical costs, and future lost earnings. At Curan & Ahlers LLP, we hire medical experts to put dollar amounts on an injured plaintiff's future medical costs and future lost earnings. These experts include economists, vocational rehabilitation experts, and life care plan experts. 

 

How often does medical malpractice happen in New York?
New York is a very interesting state when it comes to medical malpractice as it has both the highest number of medical malpractice reports in the country from 2009-2018 but also had the highest payout to injured plaintiffs during the same time period according to the National Practitioner Data Bank. The National Practitioner Data Bank complies reports on medical malpractice payments and claims from around the country. Between 2009-2018, there were approximately 16,000 medical malpractice claims filed in New York. A shocking statistic is that according to John Hopkins University, approximately 250,000 people die in the U.S. each year from medical errors and negligence which makes medical malpractice the third-leading cause of death in the United States. 

 

If you are searching for a trustworthy and experienced medical malpractice attorney in Westchester County, Curan & Ahlers can help.  Since 1986, Curan & Ahlers has been proudly serving injury victims and victoriously fighting for justice for victims and their families. 

 

Discover the best medical malpractice attorneys in Westchester County, contact Curan & Ahlers today!

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See Also: Yonkers Medical Malpractice Attorneys

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