When we visit the doctor or go to the emergency room, we expect to receive a certain level of professional 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. 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, and we are prepared to pursue the full, fair recovery you are owed. If necessary, we can even represent you and your case at trial.
What Is Medical Malpractice?
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.
Some examples of medical malpractice include:
- Birth injuries
- Diagnostic errors
- Hospital and ER negligence
- Medication/prescription errors
- Nerve injuries
- Nursing home negligence and abuse
- Surgical and anesthesia errors
At Salenger, Sack, Kimmel & Bavaro, LLP, we represent victims of all types of medical malpractice, as well as the families of those who tragically passed away due to preventable medical errors. We understand the immense impact medical negligence has, and we are committed to fighting for the maximum compensation you are owed.
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’ resulting injuries and damages.
Damages for Victims of Medical Malpractice & Negligence
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 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.
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 malpractice. The sooner you reach out to our attorneys, the sooner we can begin investigating your case and developing a personalized legal strategy based on the specific details of your situation.
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