For generations, the New York medical malpractice attorneys at Rosenberg, Minc, Falkoff & Wolff LLP have been leaders in NY medical malpractice law suits. We are experienced in every type of New York medical malpractice claim involving injury or wrongful death.
Our experienced New York City malpractice lawyers have won verdicts & settlements for malpractice victims that have been injured through a hospital or doctor's negligence. We have won millions for claims involving:
- Surgical errors: Mistakes that happen in the operating room due to hospital safety policies, poor training or individual doctor negligence.
- Failure to diagnose cancer: Oversight of key indicators of cancer due to a lack of testing or the disregard of cancer symptoms.
- Birth injuries: Injuries to children and mothers during labor and delivery which result in damage or trauma to muscles, tendons, the brain, uterus or other organs.
- Medication errors: Mistakes made when prescribing or administering medication that result in over or under medicating, patients taking the wrong medication or life-threatening interactions between prescriptions.
- Anesthesia errors: Errors made in administering anesthesia which result in nerve damage, allergic reactions or other injuries that could have been avoided through proper care and attention.
- Emergency room errors: Injuries caused by failure to diagnose, test or treat patients in emergency rooms, sometimes discharging them without proper care.
- Hospital malpractice: Errors made as the result of hospital-wide issues in training personnel, sanitation or safety practices, medical equipment maintenance or doctor errors that can be attributed to hospital liability.
Unfortunately in certain cases, the negligence or misconduct of doctors leads to disabling injuries and even death.
If you have been injured by a doctor or hospital in New York, turn to the experienced New York city medical malpractice law firm of Rosenberg, Minc, Falkoff & Wolf LLP. You have the right to bring a malpractice claim for your medical expenses, lost income and pain and suffering. In malpractice claims, it is absolutely vital that you work with an experienced, committed law firm.
Leading New York City Medical Malpractice Attorneys
You pay nothing upfront. You pay nothing unless we win your case. Call 866-516-5887 now for a free consultation.
Make no mistake: Medical malpractice law suits are expensive and time-consuming. Our New York law firm has the resources to finance and win your case. We have accumulated the resources necessary to present the best possible case. We have access to medical experts to gather the evidence necessary to understand and present your claim.
Despite this expense, we do not charge our clients anything to prepare their cases. We only recoup our investment and attorneys fees if we win your case. When we accept any case, we partner with our clients to see that justice is done.
Learn About Your Legal Options When You Have Been Injured
As a victim of medical negligence you have several choices:
- File a medical misconduct complaint with the New York State Department of Health (OPMC).
- Get an opinion from an experienced New York medical malpractice attorney. (Make sure you are not paying up front for this service which can be found for free.)
- Obtain a copy of your medical records from your medical provider and have your medical care reviewed by another medical specialist.
Consider These Key Points Before You Take Action
- Filing your own "pro se" lawsuit is complicated. You will find that most physicians are uninterested in getting involved in a claim against another doctor. You probably will have trouble finding a doctor to review your case without the help of an attorney.
- Expert medical reviews can be very expensive if you go it alone. Our in-house investigation team and our network of specialists can substantiate your claim and enhance your case.
- Select an experienced medical malpractice attorney to help you. Not every law firm has the skill to get the results you seek. Any successful case begins with a lawyer who can guide you as to the merit's of your case and locate a doctor to review your case.
- New York State Law regulates attorney fees in medical malpractice cases. All the medical malpractice attorneys usually charge the same fee set by the Court. Take your time and select a knowledgeable lawyer for your specific medical claim.
- There is a statute of limitations you must adhere to in order to file a claim. Do not delay. Take action quickly. If your claim is filed after the statute of limitations is up, you will be out of luck.
Adhere To Important Deadlines When Filing An Injury Claim
The statute of limitations on different types of medical malpractice claims can be tricky and complex. Make sure to act quickly or you will lose your chance to recover the compensation you deserve.
- Medical malpractice claims normally have a 2 ½ year time limit to file a legal claim.
- Wrongful death claims normally have a 2 year time limit to file a legal claim.
- Beware: Public hospitals in New York all require that claims for medical malpractice be filed properly within 90 days.
Take These Laws Into Account For Your New York State Medical Malpractice Claim
- You have the right to obtain complete copies of your hospital or medical records from any medical provider. You will be required to sign an authorization and pay a small fee for copying each page.
- New York State Law requires that a patient obtain a doctor's opinion that medical malpractice occurred before any medical malpractice lawsuit may be filed in the Court's of New York State.
- Any claim involving a neurologically impaired infant resulting from child birth is governed by the New York State Medical Indemnity Fund (NYSMIF). The NYSMIF is responsible for paying all medical bills for the lifetime of the infant if a case is proven.
Who Can File A Medical Malpractice Case In New York?
- Any adult over 18 who is not incompetent can file a medical malpractice claim.
- Children up to the age of 18 must have a parent or legal guardian represent them.
- Any claim for a decedent cannot be filed without the appointment of an estate representative by the New York Surrogate's Court.
- Anyone deemed incompetent requires the appointment of a guardian before a case may be filed on their behalf.
What Can A Lawyer Legally Charge Me In A Medical Malpractice Case?
- The maximum legal fee permitted in New York State is 30% on the first $250,000.00 recovered. The percentage is lowered as the settlement increases.
- Case fees for injured infant cases (under age 18) and wrongful death cases must be approved by the Court.
- Lawyers are permitted to charge disbursements or expenses only if they are related to the claim.
What Are Common Examples Of Medical Malpractice Lawsuits?
- Failure to diagnose cancer
- Delay in diagnosing colon or breast cancer
- Excessive bleeding after surgery resulting in neurologic damage
- Childbirth and delivery negligence
- Improper hospital care
- Failure to treat cardiac systems
- Improper cataract surgery
- Neurologic or brain damage resulting from lack of oxygen during surgery
- Orthopaedic errors
- Colonoscopy punctures
- Doctors negligent medical care
In addition to malpractice cases, our law firm also represents people who have been injured in motor vehicle accidents, construction accidents and other accidents caused by another's negligence or wrongful conduct. To learn more, contact us or review our personal injury website.
To get started, contact our New York medical malpractice lawyers at 1-866-516-5887 or e-mail us to schedule your free, confidential case evaluation.
Let us show you what experience can do for your case!
You pay nothing upfront. You pay nothing unless we win your case.