MEDICAL MALPRACTICE ATTORNEYS SERVING NEW YORK CITY AND THE SURROUNDING AREAS

 

When people need medical care, they often place their trust and well-being in the hands of doctors, surgeons, hospitals, and other medical professionals. At times, however, errors and accidents during medical exams and procedures lead to injuries, which may be the basis for a medical malpractice lawsuit. In fact, according to Johns Hopkins University patient safety experts in their analysis article, “Medical error – the third leading cause of death in the US” (2016), published in the BMJ, “more than 250,000 deaths per year are due to medical error[s] in the U.S.,” accounting for nearly 10 percent of all U.S. deaths. Because of the complexities associated with these cases, however, it is crucial to have proper legal representation. Since 1985, the medical malpractice attorneys at Scaffidi & Associates in Manhattan has been fighting for medical malpractice victims and their families in the greater New York area, including The Bronx, Queens, Staten Island, and Brooklyn/Kings County, as well as throughout Nassau, Suffolk, Rockland, Westchester and Orange Counties. We believe that no one should suffer due to medical negligence, and so we dedicate ourselves to holding responsible parties accountable. If you or a loved one has been injured due to the negligence of a healthcare provider, our highly-skilled attorneys will work tirelessly to help you obtain the compensation you deserve.

WHAT IS MEDICAL MALPRACTICE?

Mr. Scaffidi discussing a medical malpractice case with an associate

It is important to note that a lawsuit cannot be filed merely because a patient was not satisfied with the medical treatment he or she received. Similarly, not all acts of medical negligence lead to injuries, which means that there is no basis for a claim. In short, medical malpractice occurs when the negligence of a doctor, hospital, or other medical professional causes injury to a patient, makes their condition worse, causes unreasonable or unexpected complications, or necessitates additional treatment. In order to have a valid claim, it is necessary to show that the doctor or healthcare professional failed to provide the appropriate standard of care and, as a result, caused the patient harm. This is the type of care that a reasonably prudent physician would have provided under the same circumstances. A valid claim also requires showing that the doctor or medical provider’s negligence or incompetence directly caused the injury. Additionally, the injury must have led to specific damages. This means that the patient must show that the injury that was caused by the defendant’s negligence resulted in damages such as physical pain, disability, loss of income, mental anguish, past and future medical expenses, future suffering, and hardship, that would otherwise not have occurred but for the medical negligence of the defendant. Finally, before a lawsuit can be filed in New York, it is necessary to obtain a doctor’s opinion that there is a reasonable basis to bring the lawsuit. 

Our medical malpractice lawyers, can assist you in recovering maximum compensation for damages incurred from medical negligence in the five boroughs of New York City, and Long Island, Westchester, Rockland, and Orange Counties. For example: Our top medical malpractice attorneys secured a $10,000,000 settlement for a Brooklyn / Kings County newborn who developed meconium aspiration at birth, which was not treated correctly, resulting in damaging neurological injuries.

CAUSES OF MEDICAL MALPRACTICE

Malpractice may be the result of various negligent acts, including:

We have collected hundreds of millions of dollars for victims of malpractice, including a $2,300,000-settlement for a Staten Island woman who developed sepsis and multi-system organ failure after a negligently-performed gastric bypass procedure. If you or a loved one were the victim of medical malpractice, the best thing you could do is call our medical malpractice lawyers for a free consultation.

WHAT IS INFORMED CONSENT?

In New York, doctors and other healthcare providers are required to inform patients of the potential risks, benefits, and alternatives to any treatment, surgery, or other medical procedure. It is also necessary to obtain the patient’s written permission to proceed. This is known as “informed consent.” A doctor who fails to obtain the patient’s informed consent and causes an injury can be held liable. Scaffidi & Associates’ top medical malpractice attorneys can make doctors pay for their negligence with expert legal services in New York City and the surrounding counties.

HOW LONG DO I HAVE TO FILE A LAWSUIT?

If you were injured because of a medical professional’s negligence, you must file a claim within 2½ years from the date of the injury. This is known as the statute of limitations. This time period can be extended in certain limited circumstances, such as continuous treatment. Importantly, however, if the injury occurred in a city or municipal hospital or facility, such as one operated by the New York City Health and Hospitals Corporation, or Nassau Medical Center or Westchester Medical Center, you must also file a notice of claim within 90 days of the alleged injury before filing a lawsuit, and the statute of limitations is shortened against these municipal defendants to a year and 90 days from the date of the malpractice. There are also special, shortened, time limitations for cases against Federal and State-run medical facilities and their doctors and staff. For cases involving a failure to diagnose cancer, Laverne’s Law extends the statute of limitations in certain instances to begin when you knew or reasonably should have known of the misdiagnosis, but in no event longer than seven (7) years from the date of the misdiagnosis. Finally, if the injury was caused by a foreign object left in the body, such as sponges or scissors, a claim must be filed within one year of the date that the object was found, or should have been found, whichever comes first.

WHAT KIND OF DAMAGES CAN I RECOVER IN A MEDICAL MALPRACTICE LAWSUIT?

Compensatory Damages – Covers past and future medical expenses, lost wages, loss of earning capacity, and other economic losses.

Non-economic Damages – Compensation for pain and suffering, loss of use or impairment of a body part, and loss of enjoyment of life.

Punitive Damages – Awarded in rare cases when it can be shown that a medical professional acted recklessly, maliciously or fraudulently.

EXPERIENCED MEDICAL MALPRACTICE ATTORNEYS

Victor Guzman and James Scaffidi

At Scaffidi & Associates, our medical malpractice attorneys are keenly aware that these cases are complicated. Over our many decades of practice, we have seen how doctors and other healthcare providers often seek to deny any liability or settle claims for as little money as possible. We have the knowledge, skills, and resources that are necessary for pursuing successful claims. Roy Scaffidi, and the team at Scaffidi & Associates, have developed a reputation as one of the premier medical malpractice firms in New York State. Mr. Scaffidi’s knowledge of medicine has often been noted to surpass that of the doctors that he cross-examines at trial, and his trial skills are among the elite in the state of New York. The firm’s hard work, dedication, and medical knowledge have earned them repeated recognition by The National Trial Lawyers Top 100 Trial Lawyers, Best Lawyers, Super Lawyers, Best Law Firms by US News, Martindale Hubbell Preeminent rating for the highest level of professional excellence and ethical standing, the American Board of Trial Advocates, and Lawyers of Distinction. Perhaps even more telling are the many personal referrals the firm receives from the lawyers representing medical professionals. 

Our team of experienced medical malpractice attorneys and legal professionals will conduct a thorough investigation for clients in The Bronx, Manhattan, Queens, Brooklyn, and Staten Island, and in Long Island and Rockland, Orange, and Westchester Counties, by obtaining and evaluating all the relevant medical records to discover evidence of negligence. We also routinely collaborate with a respected network of medical experts to provide testimony that will support a claim. Although many malpractice cases can be resolved through an intricate negotiation, our highly adept trial attorneys have a proven track record of achieving successful outcomes in the courts. If you or a loved one has been injured due to medical negligence, we will provide you with aggressive legal representation. If the medical provider’s negligence caused or contributed to the patient’s death, surviving family members may also be able to pursue a wrongful death lawsuit. We know that being injured by the negligence of a doctor, hospital, or other healthcare provider can be an overwhelming experience, and we are here to lift that burden. Call our office today for a free consultation with a medical malpractice attorney or complete the contact form on our website.

MEDICAL MALPRACTICE PRACTICE AREAS

  • Anesthesia Errors
  • Hospital Negligence
  • Surgical Errors
  • Birth Injuries
  • Misdiagnosis & Failure to Diagnose
  • Emergency Room Negligence

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