A proven record
Our firm has achieved numerous million and multimillion dollar verdicts and settlements. We often take cases that other firms have refused and win.
Brooklyn Medical Malpractice Attorney
Preventable mistakes cause numerous injuries in medical facilities across the country each year, resulting in harm and even death to patients. Patients have rights, and at Silberstein & Miklos, P.C. we are dedicated to protecting those rights.
Our Brooklyn medical malpractice attorneys are different than other New York lawyers. We know that patients looking for help with a potential malpractice case have been through enough trauma and pain already. We view it as our job to lessen that pain as much as possible, all while fighting to achieve the maximum compensation possible for injuries resulting from a medical practitioner or facility’s negligence.
We have the legal team and experience to handle the toughest of medical malpractice cases. We also work directly with a team of medical professionals to examine and evaluate malpractice cases. We have recovered millions of dollars for our clients, including a $14 million verdict for blindness caused by medical malpractice.
If you believe your illness or injury is the result of a negligent practitioner or facility, call our skilled medical malpractice lawyers today to find out how we can help.
What Constitutes Medical Malpractice?
According to a study conducted by Johns Hopkins, medical errors are the third-leading cause of death in the U.S. These errors can stem from various factors, prominently including doctor burnout and fatigue. Medical professionals face immense pressure with high-stress levels and large patient caseloads, which can lead to lapses in judgment and mistakes.
Medical malpractice is the failure to provide a patient with care that meets the industrywide standard. If a court finds that the actions of a physician or other medical professional are contrary to what most medical professionals would have done, they may be liable for damages associated with those injuries.
When considering who might be held accountable in a medical malpractice case, it’s important to recognize that liability can extend beyond just the physician or surgeon involved. Various health care providers could be implicated, including:
- Nurses
- Pharmacists
- Anesthesiologists
- Oncologists
- Ophthalmologists
- Gynecologists
- Orthopedists
- Radiologists
- Physical Therapists
- Specialists focusing on specific body parts or diseases, such as the kidney, lungs, liver, heart, and brain
- Chiropractors
- Dentists
Additionally, organizations and corporations that provide health care or treatments can also be held responsible. This includes hospitals, assisted living facilities, hospice care centers, and free clinics.
Understanding this broad spectrum of potential liability is crucial for comprehensively addressing the complexities of medical malpractice cases. Each professional and entity has a duty to uphold the industry standards, and failure to do so opens the door to legal accountability.
Understanding what constitutes a medical mistake is crucial in recognizing medical malpractice. These mistakes are preventable events that can significantly impact a patient’s health and well-being. Here are some common types of medical mistakes that may lead to malpractice claims:
Misdiagnosis: One of the most prevalent medical errors, a misdiagnosis can have life-altering consequences. Treating an incorrect illness diverts attention from the actual health issue, potentially worsening the condition.
Unnecessary Tests and Treatments: These can lead to avoidable side effects or complications. For instance, excessive use of CT scans or MRIs might expose patients to risks like potential cancers or kidney failure. Similarly, unnecessary treatments, such as unwarranted surgeries or aggressive therapies, can result in additional health issues.
Poor Communication: The lack of coordination among medical professionals can lead to harmful outcomes. Effective communication is essential to ensure that all involved in a patient’s care are informed and aligned in their treatment approach.
Never Events: These are egregious errors that should never occur, such as performing surgery on the wrong body part or leaving surgical instruments inside a patient.
Hospital Infections: Healthcare-associated infections (HAIs), such as central line-associated bloodstream infections or surgical site infections, can expose patients to serious diseases, including Hepatitis or Tuberculosis.
Medication Mistakes: Errors such as missed doses or incorrect prescriptions can lead to severe side effects or adverse reactions, endangering patient safety.
Each of these scenarios highlights the importance of adhering to medical standards to prevent harm and uphold patient trust. When these standards are not met, it not only jeopardizes patient health but also opens the door to potential legal repercussions for healthcare providers.”
When most people think of medical malpractice, they think of an improperly or poorly performed medical procedure. While this is true, a medical practitioner or facility may also be liable for the following:
- Delayed or missed diagnosis
- Improper treatment after diagnosis
- Ignored complaints of symptoms
- Errors in the emergency room
- Surgical errors and complications
- Birth injury
- Prescription errors
- Anesthesia errors
It’s crucial to recognize that medical errors are not confined to doctors alone; professionals across all departments can make life-changing mistakes that impact patient care. Understanding the systemic nature of these errors, rooted in the demanding environment of healthcare, is key to addressing and preventing them.
At Silberstein & Miklos, P.C. our Brooklyn medical malpractice attorneys have prosecuted nearly one thousand medical malpractice cases. We are experienced in cases involving illness and injury such as:
Recovering Damages in Brooklyn
Depending on the nature of the case, a victim of medical malpractice could receive compensation for multiple types of damages, including:
- Future medical bills
- Emotional suffering
- Physical pain
- Lost wages
- Funeral costs
If your loved one died due to a medical mistake, understanding your right to sue is crucial. Various factors affect your ability to pursue a wrongful death claim, such as:
- The details of the case
- Your relationship with the deceased
Eligible parties typically include spouses, children, parents, or a personal representative of the decedent’s estate. Pursuing a claim is generally possible if negligence led to the unfortunate event.
An individual who sustained more extensive or debilitating injuries could recover significant compensation. No matter how extensive your injuries may be, speaking with a knowledgeable medical malpractice attorney may help you understand the potential compensation you may be awarded for your injury or loss.
In addition to economic damages like funeral expenses and lost wages, noneconomic damages such as the loss of companionship can also be pursued. These intangible losses are deeply personal and can be challenging to quantify, as only you truly grasp the magnitude of your loss.
Navigating the legal complexities of a wrongful death case is best managed with the expertise of a seasoned attorney. They can guide you through the process with professionalism and empathy, ensuring you remain informed as your case progresses. This partnership can provide much-needed peace of mind during this difficult time.
How Experienced Brooklyn Medical Malpractice Lawyers Can Help
People are often their most vulnerable when under the care and treatment of a medical professional. Unfortunately, there are some medical professionals and facilities who fail to meet the standard duty of care and responsibility owed to each patient they treat.
“If you were injured due to a careless medical practitioner or facility’s actions, you may be angry or in shock, and unsure of your next steps. Contact the Brooklyn medical malpractice attorneys at Silberstein & Miklos, P.C. to learn of your legal options.
Understanding the urgency of your situation is crucial. New York law typically allows only two years and six months from the date of the incident to file a claim. This limited window makes it vital to act quickly to protect your rights.
Navigating the complexities of medical malpractice laws can be daunting. Seeking professional legal assistance ensures that your case is handled with the expertise it deserves. Remember, you don’t have to face this alone—your attorney will stand by you throughout the entire legal process.
It’s natural to feel overwhelmed by the disruption a medical mistake can bring to your life. But taking the first step by contacting a lawyer can help clarify your path forward and provide the support you need during this challenging time.”
We pride ourselves in standing by our clients’ side each step of the way and fighting aggressively to hold the person responsible for their injuries accountable.
However, beyond reaching out for legal support, there are several key actions you should consider to protect your health and rights:
Obtain Your Medical Records: Secure a copy of your medical records promptly. This step is critical in ensuring that your records remain intact and unaltered, which can be vital for your case.
Seek Medical Care from a New Doctor: Your health is paramount. Continue your treatment with a new healthcare provider who can objectively assess the situation. This not only aids in your recovery but provides a comprehensive record of the harm you’ve endured.
Document Your Experience: Maintain a daily journal detailing your physical and emotional experiences, financial expenditures, and any other relevant details. This documentation is invaluable, as memories can fade and claims may take years to resolve.
By taking these steps, you can effectively safeguard your interests and build a strong foundation for your case. Remember, in addition to these measures, consulting with experienced legal professionals is crucial to navigate the complexities of a malpractice claim.
We have three decades of experience resolving medical malpractice cases. Let us help you. Call Silberstein & Miklos today for a free consultation.
How Can I Help My Brooklyn Medical Malpractice Case?
When you’re dealing with a medical malpractice case in Brooklyn, there are several proactive steps you can take to support your legal team and strengthen your position.
1. Maintain Confidentiality:
Avoid discussing your case with others, including updating social media about any details. Sharing too much information can inadvertently harm your case if details are used against you.
2. Organize Your Medical Records:
From the first medical consultation to ongoing treatments, compile and organize all relevant medical records. These documents play a crucial role in substantiating your claims and demonstrating the progression of your condition.
3. Compile Visual Evidence:
Photographs and videos can significantly influence the perception of your case. Document your injuries thoroughly and provide these visuals to your lawyer promptly. Such evidence can be persuasive during negotiations or trials.
4. Gather Witness Details:
Collect contact information for anyone who witnessed the events leading to your claim. This includes other patients or medical staff. Early interviews are vital, as memories may fade, and circumstances can change.
Taking these steps not only lays a solid groundwork for your case but also keeps your legal proceedings on track while you focus on your recovery. By effectively collaborating with your lawyer, you contribute to a more robust defense of your rights.
How to Prove Medical Malpractice in Brooklyn
Proving medical malpractice requires meeting specific legal criteria. Here’s a step-by-step guide on how to establish a strong case:
1. Violation of the Standard of Care
In Brooklyn, as elsewhere, medical professionals are held to a recognized standard of care. This means they are expected to provide treatment considered acceptable by reasonably prudent health care professionals under similar circumstances. To prove malpractice, you must demonstrate that the healthcare provider deviated from these accepted standards.
2. Establishing Negligence as the Cause
It’s crucial to link the breach of the standard of care directly to your injury. Simply showing that a mistake occurred is not sufficient. You need to provide evidence that the healthcare provider’s negligence caused your injury. If the mistake did not result in harm, or if the injury occurred independently of this negligence, then you may not have a case.
3. Demonstrating Significant Damages
For a viable medical malpractice claim, the damages resulting from the injury must be substantial. These can include:
- Loss of income
- Severe pain and suffering
- Major financial burdens from medical bills
- Permanent disability or disfigurement
If the injury does not lead to substantial damages, the cost and effort of litigation may outweigh any potential compensation.
Understanding these key elements can help in building a compelling medical malpractice case in Brooklyn. Always consider consulting a legal professional to navigate the complexities of these claims.
When pursuing a medical malpractice case, several critical factors influence the potential damages you might recover. Understanding these can be pivotal in assessing a claim’s value:
1. Severity and Nature of Injury
The extent of the injury is a primary consideration. More severe injuries, such as the loss of a limb, permanent disfigurement, or nerve damage causing chronic pain, typically result in higher compensation.
2. Recovery Timeline
How long the recovery is expected to take plays into the compensation amount. A prolonged recovery period can increase the financial burden and, consequently, the claim’s value.
3. Persistency of Pain
Ongoing or continual pain impacts the settlement, particularly when it significantly diminishes the quality of life or requires extensive medical treatment.
4. Defendant’s Conduct
The behavior of the healthcare provider in question is also examined. Reckless or negligent actions can lead to increased damages, especially if intentional misconduct is evident.
5. Impact on Daily Life
Assessing how the injury affects normal daily activities is crucial. Inabilities to perform occupational or routine tasks can substantiate higher compensation.
6. Emotional and Mental Distress
After the physical injuries, the accompanying mental anguish or emotional suffering also plays a role. Particularly in catastrophic injury cases, the psychological impact is factored into the damages awarded.
Consulting with your medical malpractice attorney about these elements can provide clearer insights into the potential outcomes of your case. This partnership ensures that each factor is thoroughly evaluated to maximize your compensation.
Can You Sue for Malpractice After Signing an Informed Consent Waiver?
Signing an informed consent waiver does not necessarily strip away your legal rights. Despite consenting to a procedure, you’re not giving medical professionals carte blanche to act negligently.
Understanding Informed Consent
Informed Consent Defined: It’s a process where a healthcare provider educates a patient about the risks, benefits, and alternatives of a proposed procedure or treatment. The patient then consents with full understanding.
Limits of Consent: Consent is based on the assumption that the medical professional will adhere to the industry standard of care. It covers expected risks but does not protect against negligence.
When Can You Sue?
If the outcome involves negligence rather than normal risk factors, you might have a case:
Negligence Must Be Proven: You need to demonstrate that your injury resulted from actions that deviated from accepted medical standards.
Seek Professional Guidance: Consulting with an experienced medical malpractice lawyer is crucial. They can assess whether your injury extends beyond the informed risks you agreed to.
Signing a waiver doesn’t mean waiving your rights. If something seems amiss, it’s wise to explore your legal options.
Deadline to File a Medical Malpractice Case in Brooklyn
When dealing with medical malpractice in Brooklyn, it’s critical to understand the timeline for taking legal action. This timeframe is known as the statute of limitations. Failing to file within this period can result in losing the right to claim compensation for your injuries.
General Timeframe
For most medical malpractice cases in New York, including Brooklyn, you have up to two years and six months from the date of the malpractice or omission to file your lawsuit.
Special Cases
Municipal Hospitals:
- If the incident occurred in a municipal hospital, the process is expedited. You must file a Notice of Claim with the municipality within 90 days and initiate the lawsuit within one year and 90 days.
State-Operated Hospitals:
- For malpractice in state-run hospitals, a Notice of Intention to File Claim is required within 90 days of the alleged negligence.
Exceptions
Certain situations allow for more flexibility:
Children and Mental Disability:
- If the case involves minors or individuals with mental disabilities, the timeline can be extended.
Continuous Treatment Doctrine:
- If you are still receiving treatment from the same healthcare provider for the issues related to the malpractice, the deadline may be paused.
Legal Guidance
Considering these complexities, consulting with a medical malpractice lawyer is advisable. They can provide clarity and ensure that you meet all deadlines, safeguarding your right to pursue the claim.
How Much Does a Brooklyn Medical Malpractice Lawyer Cost?
Navigating the costs associated with hiring a medical malpractice lawyer in Brooklyn can be overwhelming, but understanding the financial considerations can help ease your mind.
No Win, No Fee
Many medical malpractice attorneys in Brooklyn operate on a contingency fee basis. This means that you won’t need to pay any upfront fees or retainers. Instead, the lawyer’s fee is a percentage of the compensation or settlement amount awarded if your case is successful. If your case doesn’t win, you typically owe nothing.
Initial Consultations
Most lawyers offer free consultations to assess whether you have a viable case. During this meeting, you can discuss the details of your situation without any obligation to proceed. This approach is beneficial as it provides a risk-free opportunity to evaluate your legal options.
Transparency in Fees
Transparency is key in legal proceedings. A reputable attorney will clearly discuss how and when you will be charged. Understanding the fee structure from the start will help you avoid any surprises later on.
By choosing a lawyer who offers these flexible arrangements, you can focus on recovering and pursuing your case without added financial stress.