New York Medical Malpractice Attorney
Providing Dedicated Legal Advocacy for the Injured
All of us expect the medical practitioners, hospitals, and clinics we go to for the care we need to be competent and to apply standard medical practices aimed at handling whatever condition we may have. After all, in many cases, our lives depend on it. This extends to all forms of medical, dental, and cosmetic care, from primary physicians to surgeons, emergency room doctors, dentists, and all other professionals in these fields. When, through negligence or omission, these health care professionals fail in this duty which leads to additional or further injury or illness, it may constitute medical malpractice. In such cases, you may have a valid claim that can be taken up in the courts seeking damages for the losses and harm you have suffered.
At T. A. Blackburn Law, PLLC, we are here to help those who have suffered harm through medical malpractice recover the compensation they deserve. If you have been hurt in any way due to a medical professional failing in his or her professional duty, you have to the right to seek compensation that holds them accountable. You may need additional medical care to correct or reverse what the negligent practitioner caused. This can include additional surgeries, treatments, medications, therapies, and more. Our firm can work with qualified medical experts who can help prove the assertions of your claim as we seek the compensation needed to help you recover.
Medical Malpractice in New York
Medical practitioners of all kinds owe a duty of care as professionals when treating patients. They are basically required to provide care that is based on current standards. This means providing the same kind of care that other health care professionals in the same field would provide under similar circumstances. When deviating from these accepted standards, they may be found to have failed in their professional duty of care; this can be seen as negligence which can lead to a civil claim.
Common Types of Medical Malpractice
Medical negligence can occur in many ways. You may have experienced an injury or harm from medical malpractice, unsure of what to do. Medical professionals are usually seen as experts however, they do make mistakes unfortunately.
Examples of medical malpractice can include but are not limited to the following:
- Failing to diagnose a medical condition
- Misdiagnosing a medical condition
- Making surgical errors, such as leaving behind surgical equipment in the body, surgical treatment on the wrong part of the body, improper post-surgical treatment
- Making medication errors, such as wrong medication, wrong dosage, wrong type of entry into the body
- Making anesthesia errors
- Patients contracting hospital infections due to improper or negligent sanitation/disinfection
- Injuring patients and newborns in labor and delivery
- Injuring patients undergoing cosmetic surgery
- Improper pediatric or infant care
- Improper care leading to birth injuries, such as cerebral palsy, Erb’s palsy, fetal distress, and more
- Errors made in emergency room situations
- Errors made in reading or interpreting laboratory and radiology tests and reports
How Can Damages from a Medical Malpractice Claim Help Me?
The damages you may be eligible to receive in a medical malpractice claim can include all of the additional medical costs connected with the physical harm you sustained, including any out-of-pocket costs, loss of wages or income, pain and suffering, and other appropriate compensation depending on the circumstances.
How Long Do You Have to Sue for Medical Malpractice?
In New York, the statute of limitations for medical malpractice is two and a half years. This is from the date the malpractice occurred on or from the final date of a continuous treatment from the party you are planning on suing. However, for minors, the time period of two and a half years doesn’t start until they turn 18. This is so they have the chance to pursue legal action if their legal guardians do not wish to.
Why You Need a New York Medical Malpractice Attorney
At T. A. Blackburn Law, PLLC, we can thoroughly investigate your medical malpractice case, handling all details such as gathering and reviewing all medical records, seeking medical experts to provide testimony regarding the mistakes made and how they caused your additional injury or illness, quantifying the damages that you have suffered in order to receive fair and just compensation, negotiating with insurance company representatives for a fair settlement, or taking your case to trial. These are commonly complicated cases that call for an attorney who knows what to do and what it takes to succeed.
At our firm, we are passionate about standing up for the rights of those who have suffered harm through the wrongdoing of others. If you believe you have been the victim of medical malpractice, we urge you to seek our legal advice and guidance.
T. A. Blackburn Law, PLLC valiantly challenges major corporations, government institutions, and those who irresponsibly wield their power to restore dignity to clients.
Mr. Blackburn knows that your case is worth pursuing and he will keep fighting until he has no fight left.
As someone who has faced discrimination and injustice himself, Mr. Blackburn understands what it takes to craft winning strategies.
Mr. Blackburn has taken several cases to administrative agencies like the EEOC and to State and Federal court, most of which have led to significant victories and settlements.