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Medical Malpractice Lawyer

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When you put your trust in a doctor or another healthcare provider, you have the right to expect professionalism and a certain standard of care. Although mistakes happen, malpractice is not a mere mistake; it is a form of negligence. 

If you or a loved one has been harmed because of the negligence or carelessness of a medical provider, the consequences of malpractice can be far-reaching. You may be looking at additional medical care, physical rehabilitation, or a long-term disability. Medical malpractice may even result in a fatality, leaving a family deprived of a loved one. If your provider did not meet the recognized professional standard of care when treating you, and you have been harmed by the malpractice, you may be entitled to seek damages in a medical malpractice suit. At Kucher Law Group, our team of New York medical malpractice attorneys can help. Our experienced medical malpractice lawyers practice everywhere in New York City, including Brooklyn (Kings County), Bronx, Queens, Staten Island, and Manhattan. Call now: (929) 274-8000. Whether you are looking for a Bronx personal injury attorney, a Brooklyn personal injury attorney, or a Manhattan personal injury attorney, we are here to help.

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What Constitutes Medical Malpractice in New York?

When a healthcare provider does not abide by established rules of care and procedures when they diagnose, or while treating, testing, or following up with a patient, those errors may lead to injuries, medical complications, or even death. In New York, this may be known as malpractice.  

Medical malpractice, or medical negligence, refers to when a healthcare provider does not meet the accepted standards and norms of their particular profession in their care. When a provider doesn’t meet accepted standards of care and an injury or death results, the injured party has the right to recover compensation for their injuries. For a totally free consultation with a top-rated NYC malpractice lawyer at Kucher Law Group and to find out if you may be entitled to compensation, call to speak with a NY personal injury attorney: (929) 274-8000.

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Julia Star

Why You May Need an Experienced Medical Malpractice Lawyers For Your Case

When getting medical care, you should not come away with further injuries, especially ones caused by the healthcare provider. A medical malpractice lawsuit holds a negligent medical provider accountable for the harm they caused you. 

Laws in the state of New York frequently protect the healthcare and insurance industry, leaving an injured victim at a disadvantage. Having the representation of an experienced medical malpractice lawyer in New York is critical to your success when you have been harmed by a provider. 

At Kucher Law, we thoroughly investigate the facts and circumstances surrounding your case to determine the cause of your injuries and hold the negligent party accountable. We work closely with a network of medical experts to ensure that you have the strongest evidence possible in support of your malpractice claim. Although we strive to negotiate a fair settlement outside of court first, there are times when a fair settlement is impossible. In that case, we will bring your case to court, fully prepared to litigate.  If you’ve believed you’ve been injured by a health care provider, contact us to speak with an experienced medical malpractice attorney. Call now:  (929) 274-8000.

Medical Malpractice Lawyers Explain: How Common is Malpractice or Medical Professional Failure?

Most of us put a great deal of trust in our healthcare professionals, and they are held to high standards because of that. But many do not uphold those standards, and patients often pay for that physically, emotionally, and financially. 

Although most people think that medical malpractice happens infrequently, a 2016 study conducted by Johns Hopkins University reported otherwise. They found that healthcare and medical errors were the third leading cause of death in the United States. 

In the state of New York, malpractice insurance payouts came in at over $489 million in 2019 alone. Unfortunately, in New York, malpractice insurance premiums are very high, and the state does not require all practicing physicians to carry malpractice insurance. If you believe your doctor made a mistake, call to speak with one of our experienced New York attorneys today.

I was in an accident about a couple of years ago, and I was injured really badly. I went to a different law firm but they didn't actually appear to care too much someone told me about this personal injury lawyer and said to come here instead. They were so nice, I'm so thankful I made the switch. After I changed my car accident lawyer, the entire process moved a lot easier and I was able to get a great settlement and received it quickly too. Definitely happy with my experience and will tell everyone to go here.
Macejkovic Jones

Can a Doctor Be Held Accountable For Medical Malpractice in a Lawsuit?

In New York, medical malpractice actions can be brought against any licensed healthcare provider. These can include:

Medical malpractice claims are not limited to individual providers. They can be brought against an entire facility. Because medical facilities, hospitals, nursing homes (nursing home negligence lawyer), and other establishments are required to ensure that the professionals they employ are trained, experienced, and competent to perform their jobs, they can also be held accountable for any negligence that happens at their facility. For medical malpractice questions, and to speak with an experienced New York lawyer, as well as to discuss your injury and establish if you have a case, call now: (929) 274-8000.

Examples of Medical Malpractice

There are many actions and behaviors that can be considered medical malpractice in the state of New York. These can include:

Kucher Law Group is the best group of lawyers. Their law office staff is extremely helpful from starting my case to settling it. If you want to pick the best then hire this law firm. And if you definitely have to win your claim then this law office is the only choice. These are the guys that will get you there. I very strongly recommend them to anyone.
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Medical Malpractice Attorney Explains: Damages That Can Be Collected for a Medical Malpractice Case

When you have been harmed in a medical malpractice incident, a successful claim will let you recover a broad spectrum of damages depending on the harm you have suffered and the circumstances. 

Compensatory damages at those that are designed to “make you whole” or bring you back to pre-injury. Although that may not be possible physically, monetary damages are meant to compensate for that harm or injury. Although money will not completely compensate for all injuries and harm, it can help protect a victim from further financial burden. 

Compensatory damages will fall into three different categories.

Economic damages for injury

Economic damages will reimburse you for quantitative costs and out-of-pocket expenses. These include things such as:

Noneconomic damages

Noneconomic damages are meant to compensate you for things that are difficult to quantify but have affected you because of negligent behavior. These can include:

Punitive damages

Punitive damages are those reserved for the most egregious of behavior. They are not only negligent but are often intentional and show wanton indifference. Punitive damages are different from economic and non-economic damages in that they serve to punish the healthcare provider rather than compensate the victim.

Medical Malpractice Attorneys Explain Why Not Every Medical Mistake is Considered Malpractice

In all cases, a medical provider is bound by the accepted industry standards of their profession to ensure their patients’ safety. Not acting within those boundaries can have serious consequences, including:

What Standards Does Medical Malpractice Have to Meet in New York?

Not all medical mistakes are considered medical malpractice. In a malpractice claim, the behavior of the healthcare provider will be considered against the “accepted standard of care” in the industry, given that professional’s training and experience.

Depending on the healthcare provider and the patient, the standard of care may vary considerably. A physician’s assistant cannot be weighed against the same standard as a physician. A family practice doctor cannot be weighed against the same standard as a heart surgeon. Because of this, the provider’s actions must be compared to what another reasonable provider, given the same medical status, training, and experience, would do in the same circumstances. 

In New York, there is also a locality rule which states that a physician must use a “reasonable degree of learning and skill that is ordinarily possessed by physicians and surgeons in the locality where he practices.” Consequently, a doctor is only measured against other doctors in that geographic locality. This rule was created to protect doctors in smaller towns from the same standards of care that doctors in larger cities are held to.

The Burden of Proof in a Medical Negligence Claim in New York

When someone brings a medical malpractice claim against a medical provider, the burden of proof rests on the injured party. There are two elements that the injured party must prove. They are:

  1. That the healthcare provider did not offer the standard of skill, care, and behavior expected of a reasonable healthcare provider, given the same education, experience, and status of their profession, acting in the same circumstances.

  2. That the failure to offer the accepted standard of care was the proximate cause of the injury or fatality.

Although this may sound simple, these elements are not always clear-cut. Malpractice insurance companies have many defenses, in most cases, to blame the patient. Having the guidance and assistance of an experienced medical malpractice lawyer in New York ensures your greatest success when bringing a claim against a healthcare provider and their associated malpractice insurance company.

What Happens if You Are Partially to Blame?

In some cases, the patient may be partially to blame for their injuries, oftentimes for not following the doctor’s explicit orders. In this case, the law recognizes comparative fault. Damages will be reduced proportionately to the amount of fault of the patient. So even if you are partially at fault for your injuries, you may still be able to recover compensation for your injuries.

Is There a Statute of Limitations on a Medical Malpractice Claim?

There are time limits you must be aware of concerning medical malpractice claims. You must file a medical malpractice claim within 2.5 years or 30 months of the date of the mistake. For children under 18, the statute of limitations begins once that individual turns 18 years of age. 

There are exceptions to this in New York called the discovery rule. This rule applies to two specific situations: foreign objects that may have been left in the body during a surgery and a cancer diagnosis.

It is important to get the guidance of an experienced medical malpractice lawyer as soon as possible because of these time constraints.

Medical Malpractice and Wrongful Death

In some cases, medical malpractice can lead to a fatality. In this case, family members of the deceased may be able to file a wrongful death claim against the healthcare provider or organization. Wrongful death claims, while they cannot make up for the death of a loved one, can help ease the financial burden that the family may be faced with after losing their family member. 

Close family members such as the spouse, children, parent, grandparent or personal representative of the estate may file for wrongful death compensation for:

Seeking the Guidance of an Experienced New York Medical Malpractice Lawyer

If you have suffered injuries because of the negligence or substandard care of a doctor or other healthcare provider in New York, contact the experienced New York malpractice lawyers at Kucher Law. We have dedicated our careers to representing victims of medical malpractice and their families and have worked with individuals just like you who have been injured due to the negligence of a medical professional. Contact us for a no-cost consultation. Call now: (929) 274-8000

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