Medical Malpractice Attorneys in New York

Medical malpractice is a complex field. The injured party must prove that the doctor or hospital did not follow proper medical procedures and practices to win a medical malpractice case. Though this may sound simple, it is tough to prove.

As a defense, doctors may claim that the injuries were a result of:

• An accepted and known risk
• An unforeseen and unavoidable consequence
• Something the patient did or did not do

Compensation You Can Receive for Medical Malpractice

After suffering injuries or illnesses due to medical malpractice, you may stand to receive compensation from a liable party. We can calculate both your economic and non-economic damages to ensure you seek a fair settlement.

Potential compensation may include:

• Pain and suffering damages for all physical and emotional injuries
• Medical expenses to address the original medical issue your doctor failed to properly treat
• Medical expenses to address any injury, illness, or complication that arose due to improper treatment
• Lost wages if your injuries kept you from working
• Reduced earning capacity if your injuries prevent you from working (or working in the same capacity you once did)
• Loss of quality of life if you cannot engage in the activities you once enjoyed

We will carefully assess your damages after a thorough review of all the facts and circumstances of your injuries and their effects on your life.

Medical Malpractice That Resulted in a Wrongful Death

If medical malpractice led to your loved one’s passing, we can also pursue a settlement or court-awarded offer for their wrongful death. 

When we calculate your losses, we will consider:

• Your loved one’s pain and suffering before their passing
• Your loved one’s medical bills, both for their original medical issue and any additional injuries that resulted from medical malpractice
• Loss of inheritance for the income your loved one would have provided the family
• Loss of consortium for the emotional comfort your loved one provided
• When we handle your case, you can grieve in peace while we handle the legal process.

Proving the Negligence of a Medical Professional Can Be Complicated

Pursuing compensation in a medical malpractice case involves proving the medical professional acted in a way that another professional would not have and those actions have caused you physical and emotional harm. This may relate to several stages of your care.

The following examples demonstrate the ways in which medical malpractice may occur:

• A medical professional fails to diagnose your condition, which leads to the condition worsening
• A medical professional misdiagnosis your condition, leading to new injuries or illnesses
• A surgeon leaves surgical tools in your body
• A surgeon operates on the wrong side of your body
• A medical professional fails to prescribe the proper dosage of medication when treating your condition
• A medical professional fails to consider your medical history, such as pre-existing conditions, when treating your illness
• A medical professional fails to inform you on how to take your medication or follow your treatment plan
• A medical professional treats you while under the influence of drugs or alcohol

At Dansker & Aspromonte, we work closely with doctors and nurses who review the facts and medical records to provide expert medical analysis that may prove you were the victim of malpractice. We also have access to an enormous network of the most respected medical experts in the country to help prepare the case for trial.

Potentially Liable Parties You Can Include in Your Claim

A medical malpractice case may involve various liable parties, and we can work to identify who is responsible for your injuries. 

Examples of at-fault medical professionals include:

We will investigate your case and establish liability. For example, if the injury was sustained during labor, our birth injury lawyers can evaluate the accident and gather evidence to prove how the delivery staff’s negligence contributed to your child’s injuries.

From there, we will determine the value of your claim and demand a fair settlement from the hospital or their insurance company.

For a free legal consultation with a medical malpractice lawyer serving New York, call (646) 692-0204 or fill out our online contact form.