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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 in Brooklyn 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.

Common Injuries Due To Medical Malpractice

Permanent injuries from medical malpractice can include:

  • Scarring
  • 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 their patients.

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.

Navigate Medical Malpractice Claims With Expert Guidance

The effects of medical negligence on patients and their families can be disastrous. If you believe you have been the victim of medical negligence, it is critical that you understand your rights and alternatives when it comes to seeking justice. Our seasoned medical malpractice attorneys at Belushin Law Firm, P.C. are backed by years of experience and can assist you through the legal process and fight for the settlement you deserve.

Key factors of understanding your rights in a medical malpractice case are:

  • Knowing what the accepted standard of care is when it comes to the medical field and evaluating whether the care you experienced fell below it
  • Keeping detailed records of the treatment you received and documenting the extent of your injuries and damages, and how it has affected your life
  • Knowing the requirements for filing a malpractice claim: statute of limitations, pre-suit notices, and more
  • Knowing how to communicate and negotiate with insurance companies and healthcare providers
  • Pursuing litigation if a fair settlement cannot be reached

Do not delay to obtain legal counsel. Reach out to Belushin Law Firm, P.C. to schedule a consultation with our skilled medical malpractice attorneys in Brooklyn.

Why Hire a Medical Malpractice Attorney?

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

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

  • Medical malpractice cases are often complicated. While personal injury cases often deal with broken bones and soft tissue injuries, medical malpractice cases can involve damage to any part of the body. Furthermore, since doctor’s reputations and practices are on the line, hospitals and insurance agencies have plenty of lawyers to defend their reputation.
  • Insurers may not respect an unqualified attorney. In most cases, only an experienced medical malpractice lawyer can convince insurers to pay the maximum amount to settle a case. Since most victims of medical malpractice settle their cases prior to trial, it is best to have a medical malpractice attorney who understands how to obtain the most reasonable amount possible.
  • An experienced medical malpractice lawyer knows qualified medical experts. Medical expert witnesses are necessary in almost every medical malpractice case to provide an opinion that the defendant was negligent. Without proper opinion of liability from a qualified medical expert, your medical malpractice case will most likely be dismissed.
  • Medical malpractice cases are costly. These type of cases are expensive, partly due to medical experts. A medical malpractice case can cost tens or hundreds of thousands of dollars to bring to trial. While an experienced medical malpractice attorney understands the circumstances and is prepared to bear the costs, a less qualified lawyer might be unable or unwilling to pay for these costs up front, forcing you to settle your case for an unfavorable amount. Or worse, they may walk away from the case.

If you suffered a serious injury due to medical malpractice in New York, contact our New York City medical malpractice lawyer at Belushin Law Firm, P.C. and schedule a free consultation today.

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 medical malpractice lawyer in Brooklyn as soon as possible to determine whether or not you have a valid injury claim against your doctor or nurse.

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, the 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 medical malpractice attorneys in Brooklyn 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 serious conditions.

Sometimes a medical accident results in the death of a patient. This can be because a doctor or other member of the 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 malpractice.

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.

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 medical treatment that has a negative outcome is eligible for a medical malpractice claim. Our Brooklyn medical malpractice attorneys place a distinction between an unfavorable medical result and negligent conduct. When a healthcare professional breaks away from the accepted standard of care in the medical community and causes harm or injury, it is known as medical malpractice.

For a successful lawsuit, it's not enough to show that the outcome was negative; one must prove that the care provided was below the standard expected of a reasonably competent healthcare professional under similar circumstances. This often requires the insight of a medical expert to testify about what the standard of care is and how it was breached.

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, contact Blushin Law Firm online or call (888) 918-9890 to hire a compassionate and dedicated Brooklyn medical malpractice lawyer.

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