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New York Medical Malpractice Attorneys
Fighting for Victims of Medical Negligence in NYC, on Long Island & Throughout NYS
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 an injury due to medical negligence, you deserve justice and compensation for your pain and suffering. Doctors and hospitals often have powerful legal teams to minimize claims and avoid liability. To fight for your rights, you need an experienced medical malpractice attorney in New York.
Salenger, Sack, Kimmel, & Bavaro medical malpractice lawyers can:
- Provide legal expertise and explain New York's legal code
- Investigate malpractice and determine liability
- Retain expert witnesses for your case
- Negotiate a settlement to compensate for your injury
- Prepare your case for trial if necessary
Hire a skilled advocate to ensure your rights are protected and to maximize your chances of a successful outcome.
Your time to file a medical malpractice lawsuit in New York is limited. Contact us online or call {800-572-7246} today to schedule a free consultation with a member of our team.
Learn More About:
- Medical negligence examples
- Four elements of medical malpractice
- Common causes of medical malpractice
- Statute of limitations for medical malpractice
- Compensation for medical malpractice
What Is Medical Negligence?
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.
Common examples of medical negligence include:
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 are ready to help you seek justice after an act of medical negligence.
What are Some Causes of Medical Malpractice?
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 occur?
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
The experienced medical malpractice attorneys at Salenger, Sack, Kimmel, & Bavaro conduct exhaustive investigations to identify the underlying cause of preventable medical errors, as well as who is liable for their clients’ injuries and damages.
Common Medical Malpractice Questions
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.
Call (800) 572-7246 or contact us online for a free consultation.
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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 Can We Help?
Call (800) 572-7246 or fill out the form below.