& PERSONAL INJURY
Traumatic Brain Injury (tbi) ¦ Wrongful Death Claims ¦ Birth Injuries ¦ Misdiagnosis
If you have suffered serious injury or a loved one has been severely injured or died because of healthcare provider malpractice in New York, the attorneys at Law Offices of William Cafaro can help you determine whether you have grounds to pursue a medical malpractice claim. Our firm devotes a significant portion of our practice to medical malpractice cases.
What is a medical malpractice claim?
A medical malpractice claim is a case based on healthcare professional liability. In New York, to litigate a medical malpractice case, attorneys must prove:
- Doctors, nurses or other healthcare professionals owed the patient a duty of care – this means that they were responsible for the patient’s care;
- Doctors, nurses or other healthcare professionals failed to meet the acceptable standard of care in treating the patient – this means that they did something that accepted standards of medical care do not accept, or, that they failed to do something that accepted standards of medical care required;
- The medical professional’s negligence or error, which is their failure to meet the required standards of medical care, caused the patient’s injury, made it worse or made it less likely that the patient would heal.
Doctors are bound by the Hippocratic Oath, the “Classic Version” of which was written by Hippocrates in ancient Greece. The modern version of the Hippocratic Oath was written in 1964 by Louis Lasagna, Dean of the School of Medicine at Tufts University. It includes things which often come up in medical malpractice cases, like: i) using all measures which are required; ii) avoiding overtreatment; iii) not being ashamed to admit not knowing something; iv) making a referral to someone more knowledgeable in the field: v) respecting patient privacy; and vi) preventing disease wherever possible, because prevention is always preferable to cure. The fundamental premise of this oath is to “DO NO HARM.” While patients expect timely and competent medical attention, mistakes and injury occur far more often than many people realize.
Now that the practice of medicine is controlled largely by the insurance companies, doctors have much less available time to treat each patient and medical mistakes occur more frequently than ever. This trend will doubtlessly continue and get worse due to mounting economic pressures.
Common Examples of Medical Malpractice
Because the scope of medical specialization is vast, many different types of malpractice cases exist, some of which include:
- Physician’s negligence
- Obstetric malpractice
- Negligence during delivery of newborns
- Infants born with Developmental Problems
- Orthopedic malpractice
- Failure to properly treat infection
- Amputation due to malpractice
- Dental malpractice
- Hospital malpractice
- Emergency room negligence
- Surgical errors
- Anesthesia mistakes
- Failure to diagnose
- Wrongful death
- Nursing home abuse
- Home health care negligence
- Birth injury
- Traumatic Brain Injury (TBI)
- Cancer misdiagnosis
- Cerebral palsy
Given the degree of legal skill and medical knowledge needed to prosecute medical malpractice cases successfully, choosing the right law firm you choose to represent you is a crucially important decision. At the Law Offices of William Cafaro, a wealth of expertise derived from decades of legal service and medical research gives us know-how clients can rely on to get results.
New York State law limits the time you have to file a medical malpractice claim. While the general rule is two and one half years from the act or omission being sued for, time limits can be much shorter if any municipal hospital, like the New York City Health and Hospitals Corporation, or governmental entity is involved, so seeking legal advice immediately is important. In these cases, filings may be required in as little as 90 days. Even if your case is subject to the two and one half year rule, waiting until near the end of that deadline can cripple the case. For example, you might have sued the intended doctor, but find out during that doctor’ deposition, (pre-trial testimony) that an x-ray or MRI was misread, and that a radiologist should also be sued. If the two and a half year time limit has passed, this will no longer be possible. These problems are best avoided by starting the case as soon as possible, so complete information can be obtained before the important deadlines run out. If you believe a medical provider has harmed you, arrange a consultation with our medical malpractice attorneys as soon as possible. It is crucial to evaluate the prospects of your potential case at the outset. There are many important factors involved in a medical malpractice case, including obtaining and organizing the medical records and diagnostic test results, having them reviewed by the medical experts in the particular medical specialties, in-depth investigations, gathering expert witnesses and compiling documents to substantiate your claim.
The New York City Health and Hospitals Corporation – If you have a possible medical malpractice claim for any treatment you received from any hospital that is part of this system, you are required to file a formal Notice of Claim within 90 days, go and testify at a hearing if they ask for one, (and to file a formal lawsuit within one year and ninety days. The following hospitals are part of the New York City Health and Hospitals Corporation:
Bellevue Hospital Center
Coney Island Hospital
Elmhurst Hospital Center
Harlem Hospital Center
Jacobi Medical Center
Kings County Hospital Center
Lincoln Medical and Mental Health Center
Metropolitan Hospital Center
North Central Bronx Hospital
Queens Hospital Center
Woodhull Medical and Mental Health Center
Contact the Law Offices of William Cafaro Today
Our lawyers are sensitive to your needs and care about helping you through a difficult time. Call our law firm at (212) 583-7400 to schedule an appointment. There is no fee for a consultation and you will not owe attorney fees unless we obtain compensation for you
Our response to an e-mail inquiry cannot create an attorney-client relationship or authorize us to do any work on your case.