Medical Malpractice Lawyers in Newburgh

What is Medical Malpractice in Newburgh?

Medical malpractice in New York happens when a healthcare provider doesn’t give the proper care, causing harm to a patient. To make a medical malpractice claim, you need to show three main things:

• Duty of Care: A doctor-patient relationship must exist where the healthcare provider is responsible for your care.

• Breach of Duty: The provider failed to give the standard care expected, falling short of what is normally done in similar situations.

• Causation and Damages: This failure directly caused your injury or harm, resulting in costs like medical bills or lost income.

Understanding medical malpractice laws can be tough for those thinking about filing a claim. The rules can change a lot, and getting legal help is often necessary. In New York, you can file claims against different healthcare workers, such as doctors, nurses, and therapists. There are also time limits for making a claim—usually within 30 months from when the malpractice happened.

It’s also important to know the difference between medical negligence and malpractice. While all malpractice involves some negligence, not every careless act leads to a malpractice claim unless it causes harm. Knowing these details helps you seek the right support and compensation for your situation.

Common Types of Newburgh Medical Malpractice Cases 

Injury from medical malpractice in Newburgh can happen in many ways, often due to simple mistakes or oversights that result in serious harm. Some of the most typical types of medical malpractice cases include:

• Delayed Diagnosis or Misdiagnosis occurs when a doctor misidentifies a condition or misses a diagnosis entirely, leading to the wrong treatment or delayed care. Conditions like cancer or heart disease are particularly affected, and delays can result in permanent damage.

• Surgical Errors: Surgical mistakes can include operating on the wrong area, leaving tools inside the body, or failing to monitor a patient during surgery. These errors can lead to serious consequences that necessitate multiple procedures to rectify.

• Failure to Treat: This happens when a doctor doesn’t provide the appropriate treatment after diagnosing a condition, such as neglecting to prescribe necessary medications or not following up on test results.

• Birth Injuries: Birth injuries occur during labor or delivery due to mistakes by medical staff. Conditions like cerebral palsy, nerve damage, or fractures can affect both the child and mother for the rest of their lives.

• Prescription Drug Errors: Sometimes, medications are prescribed incorrectly, whether the wrong drug or dosage or allergies are ignored. These errors can lead to serious health issues.

• Negligent Cosmetic Procedures: Cosmetic surgeries can go wrong when doctors don’t adhere to the proper techniques or fail to explain the risks adequately. Poor care can result in both physical and emotional distress.

Legal Options for Medical Malpractice Victims in Newburgh

Victims of Injury from medical malpractice in Newburgh have several options to seek justice and compensation. Here’s an overview of the main steps available:

• Consulting with a Medical Malpractice Lawyer: It’s important to speak with a lawyer who understands medical malpractice. They can help determine whether the healthcare provider’s actions were negligent and whether there’s a solid case to pursue.

• Filing a Medical Malpractice Lawsuit: Victims have the right to file a lawsuit if a healthcare provider’s negligence causes harm. In New York, claims must be filed within 30 months from when the injury is discovered, so it’s important to act within this timeframe.

• Certificate of Merit Requirement: Before filing, a medical professional must provide a certificate of merit, which confirms that there’s enough evidence to support the claim. This ensures only valid cases are pursued.

• Speaking with Insurance Companies: Insurance companies frequently attempt to settle for less. Having a lawyer on your side can help you get a fair payout, especially when dealing with adjusters who may undervalue or deny claims.

• Seeking Alternative Dispute Resolution: In some cases, mediation or arbitration can be a quicker, less stressful way to resolve disputes without going to trial.

Actions to Take if You Believe You Are a Victim of Medical Malpractice

If you think you are a victim of medical malpractice in Newburgh, taking the right actions that can strengthen your case and protect your rights. Here are five important steps to follow:

Consult a Medical Malpractice Lawyer

Find a Newburgh lawyer who focuses on medical malpractice cases. They can help you understand if you have a valid case and guide you through New York laws. A good lawyer will help you gather the necessary evidence and support you every step of the way.

Act Quickly and Know the Deadline

In New York, you have two and a half years from the date of your injury to file a claim. It’s important to start the process soon because missing this deadline means you might not be able to get compensation. Talking to a lawyer early ensures you meet all the important dates.

Get Your Medical Records

Request all your medical records related to the treatment you received. These records are essential to show what happened during your care and if there were any mistakes. Your Newburgh medical malpractice lawyer can help you obtain these records from your healthcare providers.

Keep Detailed Records

Write down everything related to your treatment and injury. Note the dates, conversations with doctors, any symptoms you experience, and how your condition changes. These details will help your lawyer build a strong case and show how the malpractice has affected your life.

Prepare for Investigation and Possible Lawsuit

After hiring a lawyer, they will investigate your claim. This might include getting opinions from other medical professionals, reviewing your medical records, and determining if negligence occurred. If your lawyer finds that there was negligence, they will file a lawsuit for you. Remember, in New York, you also need a certificate of merit from a medical professional to support your claim.

Taking these steps can help you seek the justice and compensation you deserve. Medical Malpractice Lawyers in Newburgh are here to support you through this difficult time and ensure your rights are protected.

Factors Influencing the Value of a Medical Malpractice Claim

The value of a medical malpractice claim in New York is determined by various factors that reflect the financial and emotional impact of the injury. Below is  breakdown of the key elements that affect the value of a claim:

Severity of Injuries

The more serious the injuries, the higher the potential compensation. Serious injuries, such as permanent disabilities, chronic pain, or long-term health issues, often lead to greater medical expenses and longer recovery times. 

This significantly impacts the value of the claim. Victims of severe injuries may require extended hospital stays, surgeries, rehabilitation, and long-term care, all of which contribute to the total value of the claim..

Liability

The ability to establish liability—the healthcare provider’s responsibility for the injury—is crucial in determining the outcome of the claim. Suppose it can be shown that the healthcare provider’s actions or negligence directly led to the injury. In that case, the chances of a successful claim increase, and the compensation awarded may be higher. Liability can be more challenging to prove in some cases, depending on the specifics of the malpractice.

Statute of Limitations

In New York, victims of medical malpractice have a strict time limit of two and a half years (30 months) from the date of the injury or when they first discover the injury to file a lawsuit. The victim may lose the right to pursue compensation altogether if the lawsuit is not filed within this time frame. This statute of limitations is an essential factor in the overall value of a claim, as it sets a deadline for legal action.

Types of Compensation Available

Medical malpractice compensation is typically divided into two main categories:

Economic Damages: These are the tangible financial losses that result from the injury and may include:

• Medical Expenses: All costs related to the treatment, such as surgeries, hospital stays, medications, and rehabilitation.

• Lost Wages: Compensation for income lost due to the inability to work during recovery.

• Future Earnings Loss: If the injury affects the victim’s long-term ability to earn a living, compensation for future income loss can be included.

Non-Economic Damages: These damages compensate for the more intangible effects of the injury, such as:

• Pain and Suffering: The physical and emotional distress caused by the injury.

• Emotional Distress: The psychological impact, including anxiety, depression, or post-traumatic stress.

• Loss of Companionship: Compensation for the injury’s impact on relationships with family members, including spouses and children.

• Loss of Enjoyment of Life: If the injury prevents the victim from enjoying activities or living their life the way they did before the injury.

How to File a Medical Malpractice Lawsuit in New York

Filing a medical malpractice lawsuit in New York involves several steps to ensure your claim is valid and follows legal rules. If you are in Newburgh, understanding these steps is key, especially when dealing with malpractice lawsuits Newburgh. Here’s a detailed guide on how to proceed:

Consult with a Medical Negligence Lawyer in Newburgh

Start by talking to a medical negligence lawyer in Newburgh. They will review your case and help you understand if you have a valid claim based on what happened. This first meeting is essential for learning about the details of your case and how to move forward.

Obtain a Certificate of Merit

Before filing a lawsuit, New York law requires you to get a Certificate of Merit (New York Civil Practice Law and Rules § 3012-a). This document, signed by your attorney, confirms that a medical professional believes there are good reasons for your malpractice claim. This step helps ensure that only severe cases go to court.

Understand Key Requirements and Deadlines

In New York, you have two and a half years (30 months) from the date of the injury to file a medical malpractice claim (New York Civil Practice Law and Rules § 214-a). Acting quickly is important because missing this deadline means you might not be able to get compensation. If your claim involves a municipal healthcare provider, you must file a Notice of Claim within 90 days of the incident and the lawsuit within 15 months.

Gather Evidence and Documentation

Collect all the evidence you need to support your claim. This includes:

• Medical records related to your treatment.

  • Documentation of expenses caused by the injury.

  • Statements from witnesses or medical professionals who can support your case.

Your attorney will help you gather this evidence, which is essential for building a strong case.

File Your Lawsuit

Once all the necessary documents are ready and you have your Certificate of Merit, your attorney will file the lawsuit by submitting a summons and complaint to the right court. If your case involves damages over $25,000, it should be filed in the New York Supreme Court; otherwise, it can be filed in Civil Court.

How a Medical Malpractice Lawyer in Newburgh Can Help

Hiring a skilled health care malpractice attorney Newburgh offers many benefits throughout this process:

• Guiding Through Legal Steps: A lawyer will help you understand the legal steps in a medical malpractice claim, ensuring you follow all the necessary procedures.

• Consultations and Evidence Gathering: They will work with medical professionals to gather evidence to support your claim, including medical records and witness statements.

• Negotiation Skills: Malpractice lawsuits in Newburgh often involve negotiating with insurance companies. A good lawyer can help you get a fair settlement by effectively negotiating on your behalf.

• Litigation Support: If your case goes to trial, having a lawyer ensures you are well-represented in court, increasing your chances of receiving fair compensation.

Taking these steps can help you seek the justice and compensation you deserve. Newburgh malpractice lawyers are here to support you through this difficult time and protect your rights.

Need the Best Medical Malpractice Lawyers in Newburgh? Contact us Now!

When health care goes wrong in Newburgh, it can leave you frustrated and unsure where to turn. At Fakhoury Law Firm, we get how hard this time can be. With a background spanning over 24 years, we’re familiar with the hurdles of facing negligence claims in Newburgh and are prepared to guide you through. Whether it’s getting to the bottom of healthcare provider negligence or working through Newburgh’s medical malpractice claims process, our dedicated team is here for you.

Everyone deserves clear, straightforward help during such complicated times. Whether you’re dealing with errors in diagnosis, surgical mistakes, or simply a failure to receive adequate care, our team is ready to step in. We’re here to listen to your story, offer advice, and help you understand your options. Reach out to Fakhoury Law Firm. Let’s talk about your situation and explore how we can help, starting with an initial conversation at no cost to you.