According to the National Institutes of Health (NIH), medical errors are the third leading cause of death in the United States. These errors, ranging from accidental neglect to deliberate misdiagnosis, can leave you and your loved ones contending with more than just grief.
Medical malpractice can be expensive to correct. Unanticipated death can leave your family with profound loss as well as a mountain of unexpected bills. If your loved one does survive medical malpractice, the results of that mistreatment may severely decrease their overall quality of life. Consider hiring a New York personal injury lawyer if this is the case for you and your loved one.
Whether you’re coping with a wrongful death or a long-lasting, medically-induced injury, Morelli Law Firm can help you take legal action. Our New York medical malpractice lawyers are at the ready. When you file a civil suit with our firm, we will do everything in our power to fight for your maximum compensation.
Breaking Down Medical Malpractice
As a field of practice, “medical malpractice” covers a wide range of in-house wrongs. These can be conducted by doctors, nurses, specialists, and even entire medical institutions. Depending on the circumstances, you may have the option to bring suits ranging from pharmaceutical misconduct to inappropriate surgical pursuits forward in court.
That said, all cases citing medical malpractice must provide evidence of negligence, recklessness, or some combination thereof. You can submit evidence of a violated duty of care by providing a county clerk access to medical bills and third-party medical assessments of your condition prior to and after the care you received.
Who to Hold Liable for Medical Malpractice Losses
Despite popular belief, it’s not individual doctors or nurses that you always hold accountable for medical malpractice losses. In many cases, a hospital will present a legal defense on a staff member’s behalf. In turn, you need to bring your case against the entire suite.
Alternatively, pharmacies that give you the wrong prescription may see you hold a commercial chain or similar medical institution accountable for your losses. In either of these cases, don’t let the size of a liable party intimidate you. Instead, you can turn to a medical malpractice attorney in NY.
Our team of attorneys at Morelli Law can help you address your claim and issue a summons to the appropriate parties. We’ll meet any pushback with our decades of legal experience, keeping conversations civil while still advocating for the financial support your losses may entitle you to.
We Handle Malpractice Cases Involving Various Medical Errors
Just as there are many parties you can hold liable for your medical malpractice losses, there are several types of losses that you can seek compensation for. What you instinctively think of as medical malpractice may only cover a portion of the experiences that you can take to court.
For example, our firm addresses instances of malpractice like:
- Cancer Diagnosis Error
- Delayed Cancer Diagnosis
- Missed cancer diagnosis
- Misdiagnosis of cancer or other life-threatening conditions
- Failure to diagnose a heart attack, stroke, or cancer
- Birth Injuries
- Errors in medical equipment operations
- Anesthesia errors
- Nursing errors
- Surgical errors
You can bring any questions about coverage you may have to your first case consultation. We can break down your circumstances and elaborate on any instances of negligence or reckless endangerment. If it appears a medical professional violated your rights, you can begin to pursue a case.
The Most Common Malpractice Cases: Cancer Diagnosis Errors
According to the National Library of Medicine, cancer diagnosis errors are among the most severe and life-altering forms of medical malpractice. When cancer is missed, misdiagnosed, or diagnosed too late, the window for effective treatment can close with devastating consequences. These cases often involve preventable failures to recognize warning signs, order the right tests, or act on critical results. When a cancer diagnosis error changes the course of a life, the law provides a clear path to accountability.
The Amount of Medical Malpractice Compensation You Pursue Is Based on Your Damages
Your medical malpractice compensation can cover both the expenses related to your care and the emotional damages you endured. One of New York’s medical malpractice attorneys can calculate the economic value of your collective losses. Together you can present your estimated losses to a county clerk.
Economic Damages
When you come away from negligent treatment, you tend to face bills, bills, and more bills. If you bring your medical malpractice to court, though, you can argue that the party liable for your losses should pay back the bills you’ve already had to pay. You can also request coverage for any upcoming treatments needed to make your pain more manageable.
That’s not where your coverage has to end, though. Your estimated compensation can include the cost of pain medication, mobility aids, physical therapy, and counseling.
If you suffered any property damage, loss of opportunities for work or wage, or funeral expenses, too, be sure to include them within your complaint. Our team will help you identify which losses apply to your case and which may not.
Non-Economic Damages
To calculate the economic value of your non-economic losses, you can turn to comparable medical malpractice cases filed throughout New York. These cases will give you a baseline when it comes to requesting compensation for:
- Pain and suffering
- Inconvenience
- Permanent disability
- Physical disfigurement, including severe surgical scarring
- Psychological trauma
- Diminished quality of life
- Loss of joy in hobbies and activities
- Loss of consortium
If you experience a wrongful death due to someone else’s medical negligence, you can include that emotional cost in your non-economic damages. Do note that you may have the opportunity to pursue a separate wrongful death case, should you so desire.
What to Do If Medical Malpractice Results in Wrongful Death
If a loved one passes on in the middle of a medical malpractice suit, family members will not be able to represent that person’s best interests in a continued trial. Instead, responsibility for the case should turn over to the deceased’s personal representative.
That representative may continue standing for their loved one if related to them. However, that position should be appointed prior to the loved one’s death. A wrongful death attorney can help you clarify this legal detail and others as soon as you are ready.
You Have a Limited Amount of Time to Submit Your Medical Malpractice Lawsuit
The statute of limitations placed on medical malpractice lawsuits varies from the one placed on your standard personal injury suit. According to New York Civil Practice Law & Rules §214, you have two years from either the day the medical malpractice occurs or from the day it is discovered to file a complaint.
New York’s statute of limitations can also be affected by Lavern’s Law, which can apply to certain cancer diagnosis error cases. Named after Lavern Wilkinson, who died after her lung cancer went undiagnosed, this law allows the filing deadline to begin when a patient discovers, or reasonably should have discovered, that cancer was missed. This gives families a fair chance to seek accountability when diagnostic errors are uncovered later, but the time to act is still limited. Prompt legal guidance is critical.
If you’re not sure how much time you have left to file, let our medical malpractice attorneys in New York help. We’ll do our best to bring your case the attention it needs and submit your documents within a reasonable amount of time.
We Help You Navigate Medical Malpractice Settlement Offers
Because the liable parties you often go up against in medical malpractice suits are institutions, these parties’ legal teams may try to contact you before your case begins. While pretrial negotiations are a standard part of the civil process, medical institutions may try to avoid a trial altogether by making you a settlement offer.
Settlement offers are rarely malicious. However, they may not provide you with as much compensation as you deserve for your losses. If you feel you aren’t receiving a fair settlement offer, an attorney can negotiate for more support on your behalf.
However, many institutions use settlement offers as a means to avoid the public attention they might otherwise get if a case goes to court. If you feel as though that attention will contribute to your justice, or if negotiations fall through, a settlement offer does not bar you from a trial. Instead, you can refuse the offer and let an attorney carry your case forward.
Our Team Works Hard to Build Your Case
Civil cases don’t have any fewer stakes than criminal ones. In this same vein, approaching a civil case can seem like a daunting task, especially if you don’t know how to go about beginning a legal assessment of your losses.
You don’t have to have a legal degree to pursue justice on your or a loved one’s behalf. Instead, you can turn to us. Morelli Law Firm has pursued personal injury and medical malpractice suits since 1988. We don’t just assess whether you have a case, we help you understand your options and next steps. When you come and request our services, we offer you:
- Guidance through the process of gathering evidence
- Communicative services when summoning liable parties
- Representation in out-of-court negotiations
- Representation in medical malpractice trials
- Witness and evidence assessment
If you have more questions about what working with our team means for you, you can schedule a free and confidential consultation with our NY medical malpractice lawyers.
Our NY Medical Malpractice Attorneys Can Build Your Case ASAP
Medical malpractice suits are complicated for a myriad of reasons. You have a limited amount of time to respond to newly discovered conditions, and your schedule may be further complicated by essential appointments or surgeries.
Our team can help you navigate the complexities of a civil suit without compromising your medical recovery. You can learn more about the services our NY medical malpractice attorneys offer in your initial case evaluation. Call or use our online form to set up your first appointment.
Let Our Personal Injury Attorneys Fight For You
If you’ve been injured or a loved one has been killed, you have rights under the law, and this includes the right to file a claim for compensation. A personal injury lawyer will communicate directly with the at-fault party’s insurers and negotiate a settlement that can get you back on track. Tell us about your situation so we can get started fighting for you.
