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 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, our medical malpractice attorney in Brooklyn at Belushin Law Firm, P.C. can help you file a claim to be compensated for your pain and suffering.

If you or a loved one has been injured in a medical malpractice claim in Brooklyn, NY, our team at Belushin Law Firm, P.C. can assist you. Call (888) 918-9890 and schedule a free consultation.

What Is Medical 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, many do cause permanent pain and suffering. Our Brooklyn medical malpractice attorneys are dedicated to fighting for victims of such incidents.

Understanding what constitutes medical malpractice is crucial for patients and their families. Malpractice can include a wide range of negligent actions, such as misdiagnosis, delayed diagnosis, surgical errors, and prescription mistakes. Each of these errors can have severe consequences, often transforming the lives of victims forever. 

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. 

Long-Term Impacts of Medical Malpractice

Beyond physical injuries, victims of medical malpractice often endure significant emotional and psychological trauma. The trust that patients place in their healthcare providers is immense, and when that trust is broken, the resulting anxiety, depression, or post-traumatic stress can be a heavy burden. Additionally, the financial impact of lost wages and long-term care costs can further strain the lives of malpractice victims and their families. 

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 malpractice lawyer in Brooklyn 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:

What Causes Medical Malpractice in New York?

Medical malpractice accidents do not 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 seek compensation for their injuries.

Common causes of medical malpractice:

• Failure to update practices: Medical malpractice can occur when a physician does not follow current medically accepted protocols, leading to preventable injuries.
• Diagnostic errors: Mistakes in diagnosing an illness or injury can result in serious conditions, such as cancer, going untreated.
• Protocol violations: Malpractice may happen if a doctor or hospital staff member fails to follow established safety procedures.
• Carelessness: Accidents can result from distraction, rushing, or a lack of proper attention to the patient.

Can I Sue For Medical Malpractice If My Treatment Resulted In A Bad Outcome, But Was Not Necessarily Below The Standard Of Care?

Not every negative medical outcome qualifies as malpractice. Our Brooklyn malpractice attorneys distinguish between an unfavorable result and negligent care. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes harm.

To succeed in a claim, it is not enough to show a poor outcome, you must prove the provider’s care fell below what a reasonably competent professional would have done in similar circumstances. This often requires testimony from a qualified medical expert.

Because factors like underlying conditions, patient non-compliance, or unforeseen complications can also affect outcomes, careful legal evaluation is essential. Our team works to identify valid claims and focus on pursuing meaningful legal action where negligence truly occurred.

Understanding New York’s Medical Malpractice Laws in Brooklyn

New York State imposes specific laws governing medical malpractice, providing a framework for patients to pursue claims against negligent healthcare providers. 

Key legal elements to understand about New York medical malpractice laws include:

• Filing deadlines and exceptions. You must bring a claim within the two-and-a-half-year statute of limitations from the date of the malpractice or the last date of continuous treatment for the same condition, but certain situations, such as cases involving minors or foreign objects, can change when the clock starts.
• Discovery rule. The statute of limitations begins when you knew or should have known about your injury rather than when it occurred.
• Certificate of merit requirements. New York law generally requires attorneys to consult with a medical professional and certify that your claim appears to have merit before filing suit.
• Comparative negligence rules. If a defendant argues that a patient’s own conduct contributed to the harm, New York’s comparative negligence system may affect the amount of compensation recovered.

Why Hire a Medical Malpractice Lawyer in Brooklyn?

Finding an experienced and qualified malpractice lawyer is crucial in a medical malpractice claim, much more so compared to standard personal injury claims. However, medical malpractice is a relatively rare focus since not many attorneys spend much of their time handling these types of claims.

If you believe that you may have a medical malpractice claim, the following are important reasons why you need a medical malpractice lawyer:

Choosing the right physician malpractice attorney in Brooklyn can profoundly influence the outcome of a malpractice claim. An experienced attorney will not only guide you through the complexities of the legal system but will also offer compassionate support during what is often a stressful and emotional period. They can navigate the intricate medical terminologies, engage with credible medical experts, and stand firm against powerful insurance companies.

Take Action & Hire Our Brooklyn Medical Malpractice Lawyer 

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 hands 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 malpractice claim. You should contact an experienced Brooklyn 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.

FAQs on Medical Malpractice in Brooklyn

What Should I Do If I Suspect Medical Malpractice?

If you suspect medical malpractice in Brooklyn, first seek care from another healthcare professional to address ongoing health issues. Document all treatments, communications, and health changes, as this will be critical if you pursue a claim. Contacting a medical malpractice lawyer in Brooklyn promptly can help protect your rights and guide you through the process.

How Do I Prove Medical Malpractice?

To prove malpractice, you must show that a healthcare provider deviated from accepted medical standards, causing harm. Evidence typically includes medical records, expert testimony, and detailed accounts of your condition before and after treatment. An experienced attorney can help gather this evidence and build a strong case.

Can I Sue a Hospital for Malpractice?

Yes. Hospitals can be liable if they fail to hire competent staff, maintain equipment, or follow safety protocols. For example, employing a negligent or poorly trained provider who causes harm can result in hospital liability. 

What Damages Can I Recover in a Medical Malpractice Claim?

In a medical malpractice claim, recoverable damages can include economic and non-economic losses. Economic damages cover quantifiable losses such as medical expenses, lost wages, and rehabilitation costs. Non-economic damages address more subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded if the healthcare provider’s conduct was especially egregious. 

What Makes Medical Malpractice Claims in Brooklyn Unique?

Brooklyn’s diverse population and concentration of large medical institutions can make malpractice claims complex. Language, cultural considerations, and well-resourced hospitals can influence both the standard of care and legal strategy. A local attorney familiar with Brooklyn’s healthcare landscape can provide crucial guidance.