When we visit the doctor or go to the emergency room, we expect to receive a certain level of treatment. In fact, doctors, nurses, hospitals, and other healthcare providers are required to uphold the accepted standard of care based on the circumstances. When they make mistakes or act wrongfully, resulting in patient injury or death, they can—and should—be held accountable.
If you or someone you love was harmed by a medical provider’s negligence, reach out to the New York medical malpractice attorneys at Salenger, Sack, Kimmel & Bavaro, LLP by calling (800) 572-7246.
Over $1 Billion Recovered for Our Clients
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 Mamogram
- $8 Million - Failure to Diagnose a Stroke
Why Hire a Medical Malpractice Attorney in New York?
If you've suffered physical injury because of medical negligence, you deserve justice for all the pain and suffering you've experienced. Unfortunately, doctors and hospitals are backed by resourceful and expensive legal teams that will do everything they can minimize your claim and avoid accepting liability. That's why you need your own legal advocate in your corner to fight for your rights with a medical malpractice lawsuit.
A New York medical malpractice lawyer can help with your case by:
- Providing legal expertise and explaining New York's legal code
- Investigating the malpractice and determining liability
- Identifying and retaining experts to testify in your case
- Negotiating a settlement to compensate you for your injury
- Preparing your case for trial if a favorable settlement cannot be reached
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Many of our clients come to us wondering what qualifies as medical negligence. Medical malpractice occurs when healthcare providers—including doctors, nurses, obstetricians, oncologists, hospitals, emergency rooms, and other individuals and facilities—fail to uphold what is known as the “standard of care.”
The standard of care is the level of acceptable treatment an ordinary, qualified healthcare provider should provide in the given circumstances. There are different standards of care in different situations; for example, emergency room doctors are held to a different standard of care than primary care physicians.
At Salenger, Sack, Kimmel & Bavaro, LLP, we represent victims of all types of medical malpractice in New York, as well as the families of those who tragically passed away due to preventable medical errors. We understand the immense impact medical negligence has on victims and their families, and we are committed to fighting for the maximum compensation you are owed.
“We recommend Salenger, Sack, Kimmel & Bavaro, LLP , Justin Curtis and his team a hundred percent!” - Isabel A.
“Thank you Deborah Kurtz for being my attorney and fighting for me” - Edwin S.
“Deborah Kurtz is a straight shooter and plays no games all while maintaining the highest level of professionalism” - Joe M.
What Are the Four Elements of a Medical Malpractice Claim?
Medical malpractice lawsuits are governed by a strict set of guidelines that must be met in order for your case to be considered valid. These guidelines are commonly referred to as the four elements of medical malpractice.
The four elements of a medical malpractice claim are:
- Professional Duty Owed to the Patient - Even one visit to a doctor constitutes a professional duty for that doctor to provide adequate medical care to their patient.
- Breach of Such Duty - When a doctor or other healthcare provider commits an act of negligence, it is considered a violation of their professional duty.
- Injury Caused by the Breach - Patients who suffer from a doctor’s negligence may experience injury from a botched procedure, a worsening of their symptoms, or even death if their medical condition was not treated properly.
- Damages - Damages refer to losses suffered by the patient. These damages can include the cost of medical treatment, missed time at work, and pain and suffering caused by the healthcare professional’s mistake.
Proving these four elements is not always easy. It requires a law firm that has experience handling these types of cases and the resources needed to uncover what actually happened. The New York medical malpractice lawyers at Salenger, Sack, Kimmel & Bavaro, LLP are ready to help you seek justice after an act of medical negligence.
How Does Medical Malpractice Happen?
Many acts of medical malpractice are referred to as “never events,” meaning they should simply never occur. So, how do these and other preventable medical errors happen?
Some of the most common causes of medical malpractice include:
- Poor communication
- Failure to conduct proper diagnostic tests
- Laboratory errors, including contamination of test samples
- Misanalysis of lab or diagnostic test results
- Overconfidence and/or inexperience
- Delayed treatment or failure to treat
- Lack of proper training or supervision
- Improper documentation
- Failure to obtain informed consent
- Premature discharge
Our New York medical malpractice attorneys conduct exhaustive investigations to identify the underlying cause of preventable medical errors, as well as who is liable for our clients’ injuries and damages.
- $8 Million Medical Malpractice
- $10 Million Medical Malpractice
- $10 Million Wrongful Death
- $6.9 Million Medical Malpractice
- $3.1 Million Medical Malpractice
- $2.75 Million Medical Malpractice
How Long Do I Have to File a Medical Malpractice Lawsuit in NY?
It is important to note that you have a limited time to file a medical malpractice lawsuit in New York. 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.
If the injury was not immediately discoverable, the statute of limitations may be “tolled,” or postponed, from the date on which the injury was discovered or reasonably could have been discovered.
Other exceptions may apply, but in any case, it is a good idea to take prompt action if you believe that you or someone you love may have been the victim of medical negligence. The sooner you reach out to our medical malpractice lawyers in NY, the sooner we can begin investigating your case and developing a personalized legal strategy.
What Types of Damages Can I Recover?
Medical malpractice and negligence often result in catastrophic injuries, permanent impairment, and death. Victims and their families are likely to face numerous physical, emotional, and financial challenges, including necessary additional medical care, extensive lost income, and immense pain and suffering.
At Salenger, Sack, Kimmel & Bavaro, LLP, we seek maximum compensation for our medical malpractice clients, including compensation for the following damages:
- Past, current, and future medical expenses
- Past, current, and future lost income and wages
- Past, current, and future pain and suffering
- Lost or reduced earning capacity
- Diminished quality/enjoyment of life
Unlike some states, New York does not “cap,” or limit, the amount of compensation you can receive for economic or non-economic damages in a medical malpractice lawsuit.
How Our NY Medical Malpractice Attorneys Can Help
A doctor’s negligence or hospital’s mistake can permanently change your life. At Salenger, Sack, Kimmel & Bavaro, LLP, we believe that victims of medical malpractice and negligence deserve justice, and we are prepared to aggressively pursue the maximum compensation you are owed.
Throughout the process, you can rely on our New York medical malpractice attorneys to serve as your trusted guide, providing answers to your questions and addressing any questions you may have.
"They fought from beginning to end."
I am a personal injury attorney in Plainview, New York. I referred medical malpractice, wrongful death case to Salenger, Sack, Kimmel & Bavaro, LLP, which after review, they agreed to handle. They fought from beginning to end, successfully defeating a motion for summary judgment and an appeal, and ultimately began the trial. The case was settled just prior to the trial coming to an end. They settled this case for a very significant sum of money. Their professionalism, skills, responsiveness, and aggressiveness on behalf of their client, were truly something to behold. I highly recommend them to attorneys seeking high-quality attorneys to handle malpractice cases, and as trial counsel on other types of personal injury cases. You will not be disappointed.David L.Categories: Medical Malpractice