Medical Malpractice Attorneys
We go to doctors and other healthcare providers for help, but sometimes we encounter harm. In those cases where you believe a mistake has been made, you need to consult a qualified attorney about a medical malpractice case. At Held & Hines LLP, our attorneys are knowledgeable about the specific rules governing New York medical malpractice lawsuits; these rules are different from standard personal injury cases, and it is crucial to retain attorneys who have experience in this area and can protect you from losing any rights. A medical malpractice situation is often quite emotional for the client, and our attorneys will competently guide you through the matter in a professional and caring manner.
Medical malpractice occurs when a medical provider breaches the standard of care and that breach directly causes injury to a patient or death. Standard of care is the generally accepted method of care a doctor or healthcare professional should provide to a patient in a similar situation with the same or similar medical condition. The standard of care can be violated in myriad scenarios including failure to diagnose, medication and/or prescription errors, surgical errors and birth injuries.
Medical malpractice cases have a shorter statute of limitations than other personal injury cases. You must file your lawsuit within 2 1/2 years in most instances. One exception is when a foreign object has been left in your body (for example, a sponge or surgical instrument left inside you after surgery). In foreign object cases, you must file your lawsuit within one (1) year after the object is discovered or the discovery of facts that would reasonably lead to the discovery of the object. As you can see, there are many rules surrounding New York medical malpractice cases, and not every personal injury lawyer is familiar with them. Our personal injury attorneys are experienced with medical malpractice lawsuits and have successfully pursued many cases.
Another requirement specific to New York medical malpractice cases is that the attorney must file a certificate of merit within 90 days of filing a medical malpractice lawsuit. Essentially, this verifies that the attorney has reviewed the facts of the case and consulted with at least one licensed physician and concludes that there is a reasonable basis for filing the lawsuit.
Medical malpractice lawsuits can seek various categories of monetary damages. Compensatory damages are basically your medical costs and loss of wages (past and present, which generally requires the services of specialized financial professionals who can analyze and present an estimated amount). Non-economic damages basically quantify pain and suffering. Punitive damages can be sought when the healthcare provider acted recklessly or with malice or fraud. Spouses (or parents when a minor child is the injured party) can also recover for loss of services (placing a value on such things as household chores and companionship).
If you or a loved one has suffered an injury that you believe is the fault of a doctor or other healthcare professional, contact the personal injury attorneys at Held & Hines LLP today. With offices in Manhattan (New York City) and Brooklyn, our attorneys are ready to assist you, evaluate your case and advise you on how to proceed. Call 212-696-4LAW or 718-351-9700 today and visit our website at heldhines.com.
