Experienced Legal Advocacy In The Full Range Of Medical Malpractice Cases
Do you suspect a member of your family has been injured through medical malpractice?
There are strict time limits for filing medical malpractice cases. Protect your rights by consulting with an experienced medical malpractice lawyer as soon as you suspect there is a problem. Call us at 917-920-9431 or email our Brooklyn firm and tell us about your case.
Medical Negligence: An Epidemic
Medical malpractice is considered an epidemic that continues to spread in the United States today. Recent studies show patients in the U.S. reported higher rates of medical errors and more unorganized doctor visits than patients in five other developed countries.
- There are more deaths as a result of medical errors every year than AIDS, breast cancer and auto accidents combined.
- Over 1.3 million people are injured due to medication errors every year.
- Up to 98,000 people die from medical errors every year, including failure to diagnose.
- 34 percent of U.S. patients received improper treatment, wrong medication or delayed test results during the last two years.
Medical Malpractice Examples
At Lozner & Mastropietro, our New York City medical malpractice attorneys are dedicated to helping victims of medical and hospital negligence and their families recover full compensation. Patients and their families may be compensated when they are injured or killed as a result of medical malpractice and medical errors. To be successful with a medical malpractice personal injury or wrongful death case, the attorney must prove that the medical provider failed to do something that should have been done or did something that should not have been done; and that error caused injury or death to the patient.
We Only Collect If You Do
We take all medical malpractice cases on a contingency fee base, which means we only get paid if we help you obtain a recovery. If you have been injured or a loved one was killed as a result of a failure to diagnose, medical malpractice or hospital negligence, or you simply need more information, please call us at 917-920-9431 or tell us about your case online.
- Information about New York state doctors: http://www.nydoctorprofile.com/search_parameters.jsp
- Learn about doctors who have been disciplined or to research your doctor’s track record: http://www.op.nysed.gov/opsearches.htm#nme
- Research medical information: http://medlineplus.gov/
- Learn about professional misconduct and physician discipline: http://www.health.state.ny.us/nysdoh/opmc/main.htm
- Get information on the quality of a hospital or doctor: http://www.healthgrades.com/
- Information about medical malpractice from the Center for Justice and Democracy: http://www.centerjd.org/
- Information about heart attacks: http://heart.healthcentersonline.com/
Frequently Asked Questions about Medical Malpractice
What is medical malpractice?
Medical malpractice is negligence committed by a professional health care provider a doctor, nurse, dentist, hospital or hospital worker whose performance of duties departs from a standard of care of those with similar training and experience, resulting in harm to a patient. It can result from a failure to act or from acting improperly.
Do I need a lawyer to pursue a medical malpractice case?
Yes. Medical malpractice cases are very complex and difficult to pursue, and can be quite expensive to litigate.
What is negligence?
Negligence is the failure to use reasonable care, or a failure to use the same degree of care that a reasonable doctor would use under the same circumstances. Evidence of negligence is the basis for responsibility in most medical malpractice and wrongful death cases.
What sort of damages can be recovered from a medical malpractice lawsuit?
Medical expenses for treating the injuries caused by the malpractice; damages for pain and suffering; disfigurement and disability damages; lost wages and ability to earn wages in the future; in appropriate circumstances, the law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship lost due to malpractice.
Who can be sued for medical malpractice?
Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health-care facilities, and government agencies that provide health-care services.
I signed a consent form. Have I waived my right to bring a malpractice claim?
No, not necessarily. A consent form can be an indication that you were informed of certain risks and complications associated with your procedure or treatment, but it does not give the doctor or hospital a license to commit malpractice or to otherwise act in a negligent manner.
Will I have to pay an attorneys fee if I dont win the case?
All of our cases are taken on a contingency-fee basis, which means that you do not have to pay an attorneys fee unless we obtain compensation for you. The fee is based upon a percentage of the amount recovered after deduction for expenses incurred.
What if my insurance company or Medicare/Medicaid paid for the treatment that I believe was malpractice. Can we make a claim even though no monies actually came from my pocket?
Absolutely. It makes no difference who paid for the medical expenses. Health-care providers are required by law to render care and treatment based on the acceptable standard of care.
What if I was admitted as an emergency to the hospital and I do not know the names of the doctors because they were not my regular doctors?
All doctors, nurses and health-care providers are required by law to document in the medical chart who did what, when and why. There will be a record of the treatment that you received that can be obtained with your written authorization.