Brooklyn Medical Malpractice Lawyer
Holding Medical Professionals Accountable in New York City
Americans put faith in medical professionals every day. Whether you are
being treated for an emergency situation, a regular checkup, a surgery,
or giving birth to a child, you expect your medical providers to use the
utmost of care and caution. Unfortunately, medical accidents do happen,
but when one is the result of a doctor or medical provider’s negligence,
this is called medical malpractice. If you have been injured because of
medical malpractice, an
experienced attorney can help you file a claim to be compensated for your pain and suffering.
What is Malpractice?
The legal definition of medical malpractice is when a doctor does something
that amounts to professional negligence. In the medical field, this means
that the physician, nurse, or staff member has behaved in a way that falls
below the usual standard of care for their profession. Millions of medical
accidents happen every year. While not every accident results in injury
or death to the victim patient, many do cause permanent pain and suffering.
Our Brooklyn malpractice attorneys are dedicated to fighting for victims
of such incidents.
Permanent injuries from medical malpractice can include:
- Internal injuries
- Birth defects
- Worsening illnesses
- Other painful conditions
These conditions are very serious, and they permanently affect a patient’s
life and health. The cost of caring for an individual with serious medical
malpractice injuries can be extremely burdensome on a family. There are
thousands of different types of physicians that can commit medical malpractice.
Obstetricians, pediatricians, surgeons, orthopedic doctors, oncologists,
and many other types of doctors, or even members of their staff, can injure
In addition to doctors, dentists can also commit serious malpractice. If
your dentist caused an injury to you by cutting you, breaking a tooth,
negligently misdiagnosing a dental issue, and causing other painful dental
conditions. Dental negligence is a serious matter because the health and
appearance of a person’s teeth can affect them throughout their life.
Types of Malpractice Claims We Can Help You With
There are many different types of medical malpractice. A deviation from
the standard of care can occur in almost any doctor-patient situation.
It is important to consult with a lawyer as soon as possible to determine
whether or not you have a valid injury claim against your doctor or nurse.
Common types of medical malpractice include:
Surgical errors occur when a surgeon or surgical staff member commits medical
malpractice. Some serious surgical errors include surgery on the wrong
patient, surgery at the wrong site, incorrect type of surgical procedure,
and retention of surgical instruments and surgical sponges inside the
body. Aside from these serious mistakes, surgery can also cause infections
at the surgical site, incision errors, and other serious complications.
At the Belushin Law Firm, our
Brooklyn personal injury attorneys want to ensure that doctors are held accountable for their negligence.
Birth errors are also serious forms of medical malpractice. The birth of
a child is usually a joyful occasion, but sometimes it can be marred by
medical negligence that can seriously injure both the mother and the child.
Children can suffer brain damage from hypoxia, cerebral palsy, Erb’s
palsy, and other birth defects if the obstetrician is negligent in the
delivery of the child. The mother can also suffer serious injuries during
birth or during a C-section, including incisions in the bladder and other
Sometimes a medical accident results in the death of a patient. This can
be because a doctor or other member of medical staff was negligent in
their care for the patient. If one of your loved ones has died because
of negligent medical care, you may be able to bring a
wrongful death claim on their behalf to compensate your family for this loss. Our team can
help your family get compensation for the tragic consequences of medical
What Causes Medical Malpractice in New York?
Medical malpractice accidents don’t only happen to adults; they happen
to children and infants, as well. Many medical malpractice injuries occur
during the birth process and can cause serious defects and permanent injuries
to a child. If your child or infant has been injured because of a medical
professional’s negligence, you can bring a claim on your child’s
behalf to compensate for their injuries.
Medical malpractice occurs because of many different factors. Sometimes
a physician does not update their practices for the most current medically
acceptable practices and causes an injury that could have been easily
prevented. Sometimes a doctor makes an error when diagnosing an illness
or injury, which causes a serious medical condition, such as cancer, to
go untreated. On occasion, a medical malpractice accident can occur because
a doctor or other member of hospital staff does not follow the existing
protocol that is in place to keep patients safe.
Lastly, accidents may happen because of carelessness on the part of the
doctor, such as being distracted, in a rush, or otherwise not paying an
appropriate amount of attention to his or her patient.
If you have been injured because a doctor has acted in a careless manner,
discuss your case with Belushin Law Firm in a
free case evaluation to learn whether or not you can file a medical malpractice lawsuit.
Take Action Immediately
If you have suffered an injury because of medical malpractice, you deserve
compensation for your pain and suffering. When you suffer an injury at
the hand of your medical provider, you may want to seek a second opinion
or treatment from another doctor. You should keep all documentation about
your treatment and your injuries, as this will be important documentation
for your medical malpractice case. You should contact an experienced New
York medical malpractice lawyer as soon as possible, because your time
frame for filing a claim is limited, and you need to seek compensation
for your injuries immediately.
In medical malpractice law, there is a concept called a statute of limitations.
The statute of limitations is a time frame in which you are allowed to
bring a claim for your personal injuries. If the time period has passed,
your claim against the doctor or hospital will be barred. In New York,
the time frame to bring a claim is two and a half years. However, New
York also uses a rule called the discovery rule, which states that if
you were unable to discover your injury, the statute of limitations will
run from the date you knew or should have known about your injury instead
of the date that your injury occurred. Statutes of limitations are a very
complicated are of law, and if you are not sure whether your claim would
fall into the time frame, you should speak to our firm as soon as possible
to determine your rights.
If you have suffered an injury during the course of medical treatment,
call Belushin Law Firm, to hire a compassionate and dedicated Brooklyn medical malpractice lawyer.