Bronx Medical Malpractice Attorney
Medical professionals can make dangerous errors that endanger the lives of their patients. When medical professionals and facilities fail to take the necessary steps to prevent mistakes, they can be held liable for malpractice under the law. Patients who were injured could obtain compensation for their injuries, expenses, and suffering caused by a doctor’s negligence.
A Bronx medical malpractice lawyer at Silberstein, Awad & Miklos, P.C. are members of one of the leading firms in New York with over $1 billion dollars won for victims of medical malpractice. Part of our winning strategy involves assembling a comprehensive team of legal, medical, and financial experts to bring credibility and strength to malpractice claims.
In our 35 years of experience, we have taken a variety of medical malpractice cases because we believe any patient who has suffered at the hands of medical professionals deserves justice. If you were injured due to negligent medical care, our compassionate attorneys could stand up for your best interests in court and help you seek a favorable financial award.
Establishing Medical Negligence
To prove a medical malpractice case, the injured individual and their attorney typically must illustrate that the medical practitioner or facility acted negligently. To do this, they will need to establish that:
- The medical practitioner or facility owed a duty of care to the plaintiff
- The medical practitioner or facility breached this duty of care
- There is a direct connection between the actions of the medical practitioner or facility and the injuries sustained by the plaintiff
The standard duty of care a medical professional owes a patient is based on the care another medical professional in the same field and in a similar situation would provide a patient. This means that a professional should generally care for their patient with reasonable safety and caution. When doctors fail to do so, various types of medical malpractice cases can occur. Our Bronx medical malpractice attorneys are experienced in handling a wide variety of cases, such as:
- Birth injuries
- Heart attack
- Prescription drug errors
- Improper treatment
- Surgical errors
- Anesthesia errors
- Cosmetic surgery errors
When doctors fail to provide reasonable care and attention to their patients, they put over 400,000 patients’ lives in grave danger each year. The court will often use evidence collected by lawyers, as well as testimony from other medical professionals, to decide liability.
Who is Liable in a Bronx Medical Malpractice Case?
When most people think of medical malpractice, they automatically assume a physician will be at fault. However, a variety of individuals, institutions, and entities are often involved in a patient’s care and thus may be liable for medical malpractice. These include:
- Physician assistants
- Occupational therapists
- Lab technicians
- Drug manufacturers
- Drug distributors
In some instances, hospitals can even be liable. Hospitals and other medical facilities have an obligation to ensure the safety of patients to a reasonable degree by hiring and monitoring its employees. These institutions also have an obligation to provide patients with a safe, clean environment. If a hospital fails to honor these obligations by causing or exacerbating illness or medical conditions, it can be held legally accountable.
New York Statute of Limitations Laws
Injured individuals in the Bronx have a limited period of time to file suit. Most states have statutes of limitations that prevent individuals from indefinitely threatening suit against a person or company.
The New York statute of limitations is two years and six months from the date of the injury. There may be an exception if the patient was undergoing an ongoing course of treatment, in which case the deadline to file is from the date of the last treatment. If the date of discovery of the injury is later, such as if a foreign body is left in a patient during surgery, the statute of limitations is one year after the discovery.
If a person makes a claim past the statute of limitations, the court may refuse to hear their case. It is important to consult with a Bronx medical malpractice lawyer if you are unsure of the statute of limitations for your case or are concerned about filing your case in time.
Seek Help From a Bronx Medical Malpractice Attorney
When medical professionals make preventable errors that cause further injury or illness to their patients, they may be liable for the damages. The injured individual could receive compensation for any additional medical bills, lost income, emotional trauma, and pain and suffering.
If you believe the reckless actions of a medical professional or facility caused your injury, call the experienced attorneys at Silberstein, Awad & Miklos, P.C. to discuss your legal options. We have three decades of experience negotiating and litigating a wide variety medical malpractice cases and are ready to pursue justice for more victims.
Call a Bronx medical malpractice lawyer today if you think you have a case. Our firm has the resources, financial backing, and knowledge to tackle any obstacle in a medical malpractice lawsuit. We could help you pursue a fair compensation for your injuries and losses.