We Are Leaders in NY Medical Malpractice Law

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Salenger, Sack, Kimmel & Bavaro is a New York-based law firm recognized for our expertise in complex medical malpractice cases and our strong record of results. Our firm has recovered over $1 billion for our clients and has obtained significant medical malpractice results in the state.

Salenger, Sack, Kimmel & Bavaro is dedicated to providing exceptional legal representation for medical malpractice victims in Albany, NY. Our seasoned team is ready to fight for your rights and secure the compensation you deserve.

Fighting & Winning for the Wrongfully Injured Since 1985

When you or someone you love has been injured, it can be overwhelming. Between securing the appropriate medical care and dealing with the emotions of seeing a loved one in pain, it can be difficult to focus on anything else. However, it is crucial to take action as soon as possible to protect your right to compensation. The most effective step you can take is to secure the representation of a skilled and experienced medical malpractice attorney in Albany.

Our Track Record Includes:

Since 1985, our firm has fought tirelessly on behalf of everyday individuals and families that have suffered devastating tragedies at the hands of trusted medical providers. Our team has recovered over $1 billion in compensation for our clients throughout New York and we are prepared to pursue the full, fair recovery you are owed through a medical malpractice lawsuit. If necessary, we can even represent you and your case at trial.

Some of our top medical malpractice case results include:

• $10 Million - Emergency Room Malpractice
• $10 Million - Misreading of a Mammogram
• $8 Million - Failure to Diagnose a Stroke

We know how to investigate these cases to protect our clients’ rights, including obtaining necessary medical records, witnesses, and medical experts. Our ability to advocate for our clients has been proven over the course of our firm’s history. 

If you or a loved one suffered harm due to medical malpractice, it is worth your time to speak with a Albany medical malpractice lawyer. There are strict time limits for filing medical malpractice cases, so do not wait to reach out. The statute of limitations on these cases is two years and six months (30 months), typically from the date the injury occurred or the date on which the underlying act of medical malpractice happened. 

Protecting Your Rights in Cases of Medical Negligence

We trust doctors, nurses, and other healthcare providers to meet the established standards of their profession. Unfortunately, they don’t always fulfill their duty of care, making critical errors that compromise patient safety and increase the risk of profound or permanent harm. When substandard care results in preventable injuries, victims and their families have the right to seek justice and fair compensation. As proven medical malpractice attorneys in Albany, NY, Salenger, Sack, Kimmel & Bavaro has the skills and resources to help.

When you suspect that you or a family member has been harmed by medical negligence, it’s crucial to investigate and preserve your legal rights. Medical malpractice is a serious issue, contributing to approximately 251,000 fatalities annually and accounting for 9.5% of all deaths in the U.S., making it the third-most common cause of death in the United States.

Understanding the Prevalence of Medical Malpractice

Statistics reveal that one in three healthcare providers is sued for medical malpractice at some point in their careers. This underscores the prevalence of avoidable errors in the medical field, which occur in approximately 3% to 15% of all medical interventions. Despite these alarming figures, medical malpractice cases are challenging to litigate and often face long odds of success.

Filing a Medical Malpractice Claim: What You Need to Know

If you or a loved one suffered preventable harm due to suspected medical malpractice, the most crucial step is to consult experienced attorneys as soon as possible. The laws governing malpractice claims and the challenges of negotiating or litigating fair settlements are complex. At Salenger, Sack, Kimmel & Bavaro, our attorneys can help you understand how medical malpractice lawsuits work, what laws may apply to your case, and what your rights are when taking legal action.

What Qualifies as Medical Malpractice?

Medical malpractice depends on the facts and circumstances of each claim. Common examples include:

• Hospital Negligence
• Emergency Room Errors
• Medication Errors
• Anesthesia Errors
• Birth-Related Injuries
• Surgical Errors
• Missed or Delayed Diagnosis
• Failure to Diagnose Cancer
• Misdiagnosis of a Heart Attack
• Psychiatric Malpractice
• Lack of Informed Consent

A key element to a successful case is proving negligence, defined as the failure to use reasonable care that a prudent person would under similar circumstances. Our attorneys can assess evidence of negligence in your case.

Proving Medical Negligence: Four Important Elements

To prove medical negligence, four general elements must be demonstrated:

1. Legal Duty: A legitimate doctor-patient relationship must be proven.
2. Breach of Duty: The provider failed to meet the accepted standards of care.
3. Causation: Establishing the link between the breach and the harm suffered.
4. Damages: Demonstrating the financial, physical, and emotional damages incurred.

Statute of Limitations for Medical Malpractice in New York

In New York, the statute of limitations for medical malpractice is two years and six months from the date of the incident. If the victim was a minor, this period begins once they turn 18. If the malpractice was not immediately discoverable, the time limit might start upon discovering the injury. Consult with our attorneys to ensure your claim is filed within the appropriate timeframe.

Who Can You Sue for Medical Malpractice?

Victims may bring lawsuits against various parties, including negligent doctors, nurses, physician assistants, anesthesiologists, hospitals, medical groups, and other healthcare providers. Defendants will protect themselves, their reputations, and their finances vigorously. Insurance companies representing providers also dispute, deny, or underpay claims.

Your Right to Recover Damages

Victims of medical malpractice are entitled to recover compensation for their damages, including:

• Pain and Suffering
• Lost Income/Reduced Earning Potential
• Emotional Distress
• Loss of Enjoyment of Life
• Medical Expenses (Past and Future)
• Disfigurement
• Lost Future Wages
• Loss of Consortium
• Funeral and Burial Expenses (Wrongful Death)

Securing full compensation is critical, especially for serious or permanent injuries requiring long-term care. Our team collaborates with experts to establish malpractice and calculate damages.

Medical Malpractice Checklist: What Documents Will You Need?

To build a strong case, gather the following documents:

• Medical Bills
• Medical Prescriptions
• Proof of Missed Wages
• Insurance Information
• Medical Records
• Photos of Your Injury
• Your Personal Record of the Incident

Even if you don’t have these documents immediately, we can still get started on your case.

Do You Need a Medical Malpractice Lawyer?

Filing a medical malpractice claim requires legal representation due to its complexity. Defendants and their insurance companies will dispute claims to protect their interests. Salenger, Sack, Kimmel & Bavaro's skilled attorneys can guide victims through the legal process and fight for fair compensation.

Contact Us Today for a Free Consultation

Medical malpractice claims are among the most challenging in the civil justice system. Our legal team is equipped to help victims prepare winning claims and fight for the justice they deserve. If you have questions about a potential medical malpractice case in Albany or anywhere in New York, call us at 800-572-7246 or contact us online for a FREE consultation