Medical Malpractice: Filing A Lawsuit In New York

Medical Malpractice: Filing A Lawsuit In New York 2017-09-13T11:26:22+00:00

When medical professionals fail to uphold accepted standards of care, patients can be severely injured. Our experienced attorneys fight everyday to secure justice for victims of medical negligence:

  • Delayed, Late Or Misdiagnosis of Cancer
  • Child Birth Injuries
  • Medication Errors
  • Surgical Mistakes / Wrong-Site Surgery
  • Anesthesia Errors

Malpractice can have devastating consequences. Hope – and recovery – are not out of reach.

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Trust is an essential element of the doctor-patient relationship. When that trust is betrayed, our malpractice attorneys stop at nothing to see justice done.

— Laurence Banville
"So Grateful." As a victim of medical malpractice, I needed Banville Law, and they came through.
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We turn to medical facilities for help when something is wrong. In these times of need, we have to trust medical professionals and caregivers with our lives. But like any professional relationship, the practice of medicine creates numerous opportunities for negligence – lapses of concentration or outright incompetence – leaving us or loved ones with severe injuries. When health care falls short, and our trusted professionals violate the accepted standards of medical practice, traumatic injuries, even death, can be the result. The New York medical malpractice lawyers at Banville Law are here to help.

What is Medical Malpractice?

Medical malpractice and medical injury can take many forms, from inadequate communication between health professionals to the split-second misreading of a medical report. Medical malpractice often results in very serious injuries including:

But before we cover these specific types of medical negligence, it’s important to understand what malpractice means in general. Medical malpractice is what happens when medical professionals depart from the generally-approved practices of a reasonable care provider – either through action or inaction. A medical care provider has a standard of care that they must uphold in diagnosing and treating patients. When they fail to do uphold these standards, their negligent conduct is considered medical malpractice and can become the basis for a personal injury lawsuit.

MEDICAL MALPRACTICE FREE CASE EVALUATION

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The Lawyers at Banville Law Want To Help

(917) 551-6690

Medical malpractice cases are very challenging, requiring experience and skill in both medicine and law – two very different domains of knowledge.

At Banville Law, our New York medical malpractice lawyers have the experience, understanding and determination to build successful malpractice cases. We hire medical experts, engage in extensive medical record and procedural review, and work with distinguished actuaries to develop comprehensive loss of future income reports. Taking a team approach, our medical negligence lawyers help injured patients build the strongest possible case every day.

How Much is a Medical Malpractice Case Worth?

Every medical malpractice case is different, involving unique scenarios and victims. As a result, there’s no way to predict how much any one medical negligence lawsuit will secure in compensation without reviewing the facts of your specific case.

Our attorneys provide case reviews at no charge. Contact one of our New York medical malpractice lawyers today for a free legal consultation.

That being said, many successful medical malpractice cases result in multi-million dollar settlements and jury verdicts. Reviewing the largest settlements and verdicts in the state of New York for 2013, several cases of medical malpractice made the list:

  • $130,000,000 for child birth injury in Suffolk County New York where nurse’s inaction lead to brain damage of child.
  • $24,813,265 for medical negligence case in Kings County New York where nurse failed to communicate and ignored a report of child’s jaundice.
  • $20,000,000 for brain injury of a child caused by fall in hospital in the Bronx.
  • $14,160,732 for child injury where a doctor’s delay caused severe brain injury in Brooklyn, New York.
  • $12,192,000 for medical negligence where nurse failed to monitor a man and abandoned him during a cardiac arrest in the Bronx, New York.
  • $8,000,000 for misdiagnosis and mismanagement of child’s diabetes in Queens, New York.

The size of a malpractice settlement or verdict largely depends on the extent of harm caused by a healthcare professional’s negligence. In general, severe injuries will lead to larger awards. Minor forms of injury, on the other hand, will usually result in smaller amounts of compensation.

Common Types Of Medical Malpractice

Unfortunately, our New York medical malpractice lawyers have seen far too many harrowing situations where medical malpractice significantly diminished the quality of life, or killed, a victim. Below you’ll find some of the most common types of medical malpractice that our attorneys have seen in New York.

Failure To Diagnose Cancer

Cancer killed almost 600,000 men and women in the United States in 2014, according to Cancer.org. Sometimes, there is a delay in the diagnosis of cancer that contributes to further worsening of the disease. Experts agree that catching cancer at an early stage gives one the best chance of fighting the disease.

At Banville Law, our New York medical malpractice lawyers have handled complicated failure to diagnose cancer cases successfully. Such cases are very difficult based on causation, and the diagnosis of cancer is typically one where you eliminate more benign diagnoses of conditions. We will thoroughly investigate your case with expert medical witnesses to ascertain whether the misdiagnosis caused a sufficient delay which resulted in the metastatic progression of the cancer to other parts of the body or some other harm that would have otherwise been treatable.

Typical failure to diagnose cancer cases involve the following types of cancer:

  • Lung cancer
  • Brain cancer
  • Testicular cancer
  • Cervical cancer
  • Skin cancer
  • Pancreatic cancer
  • Colorectal cancer
  • Breast cancer

To read more about a failure to diagnose cancer, click here.

Failure To Diagnose And Manage A Medical Condition

A very common form of medical malpractice is the failure to assess symptoms properly and ultimately fail to diagnose a specific medical condition. This results in a delay in getting to the true underlying problem and exposure to treatment, medication, and therapy that are not necessary. Since most medical conditions are treatable if detected early, such malpractice can cause severe worsening of symptoms or even death. Our medical malpractice lawyers regularly see such failures to diagnose and misdiagnosis which result in:

  • Pneumonia
  • Heart Attack
  • Appendicitis
  • Aortic Dissection
  • Infection
  • Pulmonary Embolism
  • Cystic Fibrosis
  • Diabetes

Child Birth Injury – Cerebral Palsy, Brain Damage & Erb’s Palsy

There is nothing more joyous than the miracle of birth. Like everything else in life, there is a certain amount of risk and of course opportunities for neglect to creep in and cause damage. Another common form of medical malpractice that we encounter at the law firm is that of a child birth injury. A birth injury is a very serious injury. Depending on the severity of it, the expenses for treatment will run a lifetime and can be insurmountable without compensation. If your newborn child was injured during birth, first make sure the child is okay and then seek the legal counsel of an experienced child birth injury lawyer.

Child birth injuries are often caused because of distractions, inattention, and mistakes caused by overworked medical staff at hospitals and birth centers. Typical child birth injuries involve the negligent use of birthing forceps or vacuum extractor, and failure to treat infections, meningitis, jaundice and other conditions. Such negligence often results in the following child birth conditions:

  • Cerebral Palsy
  • Erb’s Palsy or Klumpke’s Palsy
  • Shoulder Dystocia
  • Cephalohematoma
  • Permanent Brain Damage
  • Intrauterine Growth Restriction
  • Holoprosencephaly
  • Spina Bifida

Gynecological Surgery Errors

Like any form of surgery, gynecological procedures present their own risks. Competent surgeons are able to minimize these risks wherever possible. By leaning on years of training and operating room experience, many gynecologists are able to effectively treat diseases of the reproductive system. But errors can still occur.

Banville Law’s medical malpractice lawyers regularly confront cases of gynecologist error after the following surgeries:

  • Laparoscopy
  • Laparotomy
  • Hysterectomy
  • Uterine fibroid removal surgery
  • Tubal ligation
  • Myomectomy
  • Dilation and curettage (D&C)
  • Oophorectomy
  • Removal of transvaginal mesh products

Complicating the situation, relatively noninvasive gynecological procedures are often performed with the assistance of robots. One device, in particular, Intuitive Surgical, Inc.’s da Vinci surgical robot, has been linked to severe burn injuries. If these devices are not programmed with the utmost care, patients can be severely injured.

Many women have suffered devastating complications as a result of surgical errors before, during, or after gynecological procedures. Risks can include infection, internal hemorrhage, and damage to other organs. The results can last a lifetime, and require costly ongoing medical treatment.

Anesthesia Error

Anesthetics, drugs that reduce or eliminate the perception of pain, are an integral element within any developed medical system. So integral that the administration of anesthesia has become a profession unto itself. Prospective anesthesiologists must complete at least 8 years of training before becoming certified; they are physicians just like any other doctor.

And like all physicians, anesthesiologists can make costly mistakes. Every year, victims of anesthesia errors secure over $125 million in medical malpractice lawsuits. Common anesthesia errors include:

  • Wrong type of anesthesia
  • Overdose
  • Underdose
  • Failure to administer anesthesia
  • Incorrect administration method

Anesthesia errors can have a wide range effects, from minor confusion that lasts minutes to severe cardiovascular conditions and spinal cord injury. Contrary to popular belief, anesthesia errors usually have more severe effects than those that occur during surgery. Even minor mistakes can lead to brain damage and permanent disability.

Anesthesiologists are held to an exacting standard of care. If you were injured by an anesthesia error, contact a medical malpractice lawyer immediately.

Medication Error

As reported by American Nurse Today, 1.5 million Americans are injured by medication errors every year. These damaging mistakes come in many forms, including:

  • Prescribing the incorrect drug
  • Filling out a prescription incorrectly, when the mistake leads to harm
  • Administering the wrong dose, either too much or too little
  • Administering the wrong drug
  • Using an incorrect administration method (ie crushing a pill that should not be crushed)

Obviously, an error can occur at any point along the chain of prescription. Doctors who prescribe drugs can make mistakes, pharmacists who fill prescriptions can make mistakes, and nurses who administer drugs can make mistakes.

Other Areas Of Caregiver Malpractice:

Nursing Home Neglect and Abuse

Those who can’t take care of themselves due to disability or age are the most vulnerable in society. Often due to family circumstances, these loved ones are placed in a nursing home, assisted living facility, group home or rehabilitation center. Unfortunately, such care facilities can be negligent in monitoring their employees and performing their duties. As a result, it is the elderly and most vulnerable recipients of care who suffer. We have helped residents of New York and their families bring significant personal injury lawsuits against nursing homes for the abuse and neglect of their loved ones. Our New York nursing home lawyers regularly encountered the following scenarios which lead to a successful compensation claim:

  • Bed Sores – failure to comply with standards for preventing bedsores in patients is an actionable offense
  • Slip Trip and Fall Down accidents – high-risk patients are often left unsupervised and suffer severe injuries in slip, trip, and fall accidents at nursing homes
  • Physical, Sexual and Emotional abuse – this often occurs when staff are not screened or monitored closely enough before the exact their malicious actions on loved ones
  • Medication Errors – these are common due to the understaffed facilities and pressures of a disorganized facility. Over medication, under medication and incorrect medication all have serious consequences for patients of nursing homes
  • Infection & Sepsis – unsanitary conditions and open wounds are often neglected at facilities which can lead to serious infection and sepsis

Medi spa & Cosmetic Clinic Malpractice & Negligence

A medi spa is a place of relaxation and also elective procedures. Common issues arise in the area of serious infections in your extremities such as via the nails of the toes or fingers during a manicure or pedicure. Due to non-hygienic practices, our medi spa malpractice lawyers have seen horrendous injuries such as loss of toes, fingers, hands, and feet due to serious MRSA or staff infections which were caused by the nail salon or medispa failing to maintain clean and sanitary manicure and pedicure tools and equipment.

Another common injury our personal injury lawyers encounter is severe scarring and burns from laser hair removal procedures. With laser hair removal being a very common cosmetic procedure in today’s cosmetic world it is important that the laser hair removal provider use the correct equipment, follow the approved procedures and provide patients with the correct follow-up care. If you or a loved one suffered second or third-degree burns from a laser hair removal treatment, contact our experienced personal injury attorneys for a review of your legal options. One recent settlement for such laser hair second and third-degree burns resulted in a $200,000 settlement.

To read more about medi spa and clinical negligence and your legal rights click here.

Dental Malpractice

Most people dislike going to the dentist, and that is often because the mouth is a very sensitive area. Unfortunately, some have other valid reasons for this fear…dental malpractice. Dental malpractice occurs when you have been seriously injured as a result of the actions or omissions of your dental provider. Dental malpractice cases are very difficult cases to win, however, our New York dental malpractice lawyers have done it before, and with thorough preparation, dental experts, and our aggressive advocacy, we can help you win!

In New York, our dental malpractice team has encountered the following types of dental malpractice:

  • an error in dental surgery
  • infections caused by dental tools
  • unnecessary removal of teeth
  • performing procedures without informed consent
  • failing to diagnose a dental problem which causes further damage
  • a delay in diagnosing or treating an oral condition or disease

There are several other potential types of viable dental malpractice claims.

Cosmetic Plastic Surgeon Malpractice

In 2013, there were more than 11 million elective surgical and non-surgical procedures performed by cosmetic and plastic surgeons in the US. The top 5 procedures were for:

  • Liposuction
  • Breast Implants
  • Eyelid Surgery
  • Tummy Tuck
  • Nose or Rhinoplasty Surgery

While many of these procedures go well and the patient receives the desired outcome, some do not. Unfortunately, some cosmetic and plastic surgeons fail to uphold their duty of care towards their patient and stray away from the medically approved practices that caused injury to their patient. Our medical malpractice lawyers are experienced in investigating such cases to determine a legal strategy for your recovery. A botched cosmetic surgery can lead to infections, paralysis, terrible scars, disfigurement, and even death. We have seen several instances of anesthesia being administered by a nurse anesthetist instead of an anesthesiologist, which resulted in complications. If you or a loved one has suffered a serious injury because of a botched cosmetic surgery, contact us today to assess your options.


Breaking Medical Malpractice News

Laurence P. Banville, Esq. - Medical Malpractice Lawyer
Like medical science, the law is always changing and these changes can have a major impact on patients. As medical malpractice attorneys, we're committed to staying up-to-date on every new development, along with keeping the public fully-informed. You'll find all of the latest news and updates on medical malpractice here.

Misdiagnosis Claims Outweigh Other Medical Malpractice Allegations

In a new study from The Doctor’s Company, the country’s largest physician-owned medical malpractice insurance company, researchers found that 39% of all malpractice claims are related to diagnosis, alleging either failure to diagnose, delay in diagnosis or inaccurate diagnosis. Out of those misdiagnosis lawsuits, almost 60% involved “inadequate patient assessments,” according to Yahoo!, like a failure or delay in ordering necessary diagnostic tests.

The study, which analyzed more than 1,100 malpractice claims between 2007 and 2014, also found that internists, who provide comprehensive treatment for adults, are more likely to be sued over severe injuries than other specialists.

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