Medical MalpracticeLawyer New York

Common Types of Medical Malpractice

Misdiagnosis and Delayed Diagnosis

Failure to correctly diagnose medical conditions or significant delays in diagnosis can allow diseases to progress, reducing treatment effectiveness and causing permanent harm or death.

Common scenarios:

• Cancer misdiagnosis or delayed cancer diagnosis
• Heart attack misdiagnosis (mistaken for indigestion or anxiety)
• Stroke misdiagnosis with delayed treatment
• Infection misdiagnosis leading to sepsis
• Misdiagnosed fractures or internal injuries
• Failure to order appropriate diagnostic tests
• Misinterpretation of imaging studies or laboratory results

Surgical Errors and Complications

Surgical mistakes during procedures can cause catastrophic injuries, infections, permanent disability, or death.

Common errors:

• Wrong-site surgery (operating on wrong body part or wrong patient)
• Retained surgical instruments or sponges left inside patients
• Damage to organs, nerves, or blood vessels during surgery
• Anesthesia errors causing brain damage or death
• Inadequate post-operative care or monitoring
• Surgical site infections from improper sterile technique
• Unnecessary surgery performed due to misdiagnosis

Medication Errors

Prescription errors, administration mistakes, and pharmacy errors cause serious adverse reactions, organ damage, or death.

Common medication errors:

• Prescribing incorrect medications or dosages
• Failing to identify dangerous drug interactions
• Pharmacy dispensing errors (wrong medication or dosage)
• Administration errors in hospitals (wrong patient, wrong route, wrong time)
• Failure to monitor for adverse reactions
• Prescribing medications to patients with known allergies
• Inadequate patient counseling about medication risks

Birth Injuries and Obstetric Malpractice

Negligence during pregnancy, labor, or delivery can cause devastating injuries to mothers and babies.

Common birth injuries:

• Cerebral palsy from oxygen deprivation during birth
• Erb's palsy from excessive force during delivery
• Shoulder dystocia injuries
• Failure to perform timely cesarean section
• Failure to diagnose or treat fetal distress
• Maternal hemorrhage or infection
• Preeclampsia or eclampsia mismanagement
• Failure to diagnose birth defects or genetic conditions

Failure to Obtain Informed Consent

Patients have the right to understand the risks, benefits, and alternatives to proposed treatments. Performing procedures without proper informed consent may constitute battery and medical malpractice.

Requirements for informed consent:

• Explanation of the proposed treatment or procedure
• Discussion of material risks and potential complications
• Explanation of alternative treatment options
• Discussion of risks of refusing treatment
• Opportunity for patient questions and understanding

Emergency Room Malpractice

Emergency departments have a duty to properly triage, diagnose, and treat patients presenting with acute medical conditions.

Common ER errors:

• Failure to properly triage patients with serious conditions
• Discharging patients with undiagnosed heart attacks, strokes, or other emergencies
• Inadequate examination or testing
• Failure to admit patients requiring hospital care
• EMTALA violations (improper transfers or failure to stabilize)

Nursing Home Neglect and Abuse

Long-term care facilities must provide adequate care, supervision, and medical treatment. Neglect or abuse causes serious injuries or deaths to vulnerable elderly residents.

Common forms of neglect:

• Bedsores (pressure ulcers) from inadequate repositioning
• Malnutrition and dehydration
• Medication errors or failure to administer prescribed medications
• Falls from inadequate supervision
• Infections from poor hygiene
• Physical or emotional abuse by staff

Filing a Medical Malpractice Claim in New York

New York imposes strict procedural requirements and time limitations for medical malpractice claims.

Statute of Limitations

General rule: Medical malpractice claims must be filed within two years and six months from the date of the alleged malpractice or from the end of continuous treatment by the defendant for the same condition.

Exceptions:

• Foreign object exception: Claims involving surgical instruments or foreign objects left inside patients may be filed within one year of discovery or when discovery should have been made with reasonable diligence
• Minors: For patients under 18 years old, the statute of limitations is extended, but claims must be filed before the child's 10th birthday for injuries occurring before age 10
• Wrongful death: Claims must be filed within two years of death

Missing the statute of limitations deadline generally bars claims permanently, making prompt consultation essential.

Certificate of Merit Requirement

New York law requires plaintiffs to file a Certificate of Merit with their complaint, certifying that the attorney has consulted with at least one licensed physician who has reviewed the facts and determined there is a reasonable basis for the lawsuit.

Additionally, the complaint must be accompanied by an affidavit from a qualified medical expert stating that the defendant departed from accepted standards of medical care and that such departure was a proximate cause of the injuries claimed.

Expert Medical Testimony

Medical malpractice cases require expert witnesses to establish:

• The applicable standard of care
• How the defendant deviated from that standard
• How the deviation caused the plaintiff's injuries
• The nature and extent of damages

Experts must be qualified physicians in the same or similar specialty as the defendant and must be familiar with the standard of care in the relevant medical community.

Filing a Medical Malpractice Claim in New Jersey

New Jersey has similar but distinct requirements for medical malpractice claims.

Statute of Limitations

General rule: Claims must be filed within two years from the date the plaintiff knew or should have known of the injury and its connection to the defendant's conduct.

Discovery rule: The statute of limitations does not begin until the patient discovers, or reasonably should have discovered, both the injury and its potential connection to medical negligence.

Minors: Claims on behalf of minors must be filed before the child's 13th birthday or within two years of the alleged malpractice, whichever is later.

Affidavit of Merit Requirement

New Jersey requires plaintiffs to serve an Affidavit of Merit within 60 days of filing the complaint (or within 60 days after the answer is filed if the answer was filed before the complaint was served). The affidavit must be executed by a licensed physician who practices in the same specialty as the defendant, stating that there exists a reasonable probability that the defendant's care fell below the accepted standard.

Failure to timely file an Affidavit of Merit results in dismissal of the case with prejudice.

Damages in Medical Malpractice Cases

Economic Damages

Past medical expenses: All costs of medical treatment required to address injuries caused by malpractice, including:

• Hospitalization and surgery costs
• Physician and specialist fees
• Prescription medications
• Physical therapy and rehabilitation
• Medical equipment and assistive devices
• Home healthcare and nursing care

Future medical expenses: Projected costs of ongoing and future medical treatment, including:

• Future surgeries or procedures
• Long-term rehabilitation
• Lifetime care needs for permanent disabilities
• Prescription medications for life
• Medical monitoring and follow-up care

Lost wages: Income lost due to inability to work during recovery, including:

• Past lost wages from missed work
• Future lost earning capacity if unable to return to prior employment
• Loss of benefits and retirement contributions

Other economic losses: Home modifications, transportation to medical appointments, and household services.

Non-Economic Damages

Pain and suffering: Physical pain, discomfort, and emotional distress caused by the malpractice and resulting injuries.

Loss of enjoyment of life: Inability to engage in activities and hobbies previously enjoyed.

Disfigurement and scarring: Permanent visible injuries affecting appearance and self-esteem.

Loss of consortium: Spouse's loss of companionship, affection, and intimacy.

Disability and impairment: Permanent limitations on physical or cognitive function.

Punitive Damages

In rare cases involving gross negligence, recklessness, or intentional misconduct, punitive damages may be available to punish the defendant and deter similar conduct.

Medical Malpractice Settlements

Many medical malpractice cases resolve through settlement negotiations before trial. Settlements provide certainty and avoid the time, expense, and uncertainty of trial.

Factors Influencing Settlement Value

Severity of injury: Catastrophic injuries including brain damage, paralysis, amputation, blindness, or permanent disability result in higher settlements than temporary or minor injuries.

Economic damages: Cases with substantial past and future medical expenses and significant lost earning capacity command higher settlements.

Liability strength: Clear evidence of negligence with strong expert support increases settlement value. Questionable causation or comparative negligence by the plaintiff reduces value.

Plaintiff credibility: Sympathetic plaintiffs with credible testimony and documentation strengthen settlement negotiations.

Defendant's insurance coverage: Available insurance policy limits often affect settlement possibilities.

Trial risk assessment: Both parties evaluate likely trial outcomes, costs, and risks in determining settlement value.

Settlement Process

Demand letter: Initial demand outlining liability, damages, and compensation sought.

Negotiation: Back-and-forth discussions between attorneys and insurance representatives.

Mediation: Formal mediation with neutral mediator facilitating settlement discussions.

Settlement agreement: Written agreement documenting settlement terms, release of claims, and payment terms.

Court approval: Settlements involving minors or incapacitated persons require court approval.

Our Approach to Medical Malpractice Cases

Comprehensive Case Investigation

We conduct thorough investigations including:

• Obtaining and reviewing complete medical records
• Consulting with medical experts in relevant specialties
• Interviewing witnesses including family members and other treating providers
• Researching the defendant's history and prior complaints
• Analyzing hospital policies and procedures
• Reviewing nursing notes, laboratory results, and imaging studies

Retention of Qualified Medical Experts

We work with board-certified physicians and specialists who:

• Practice in the same specialty as defendants
• Have extensive clinical experience
• Provide credible, well-supported opinions
• Communicate effectively with juries
• Have strong credentials and reputations

Strategic Litigation

Our litigation strategy includes:

• Filing timely complaints with required affidavits
• Conducting comprehensive discovery including depositions of all defendants
• Retaining additional experts as needed (economists, life care planners)
• Pursuing settlement negotiations from position of strength
• Preparing cases thoroughly for trial
• Trying cases to verdict when fair settlements cannot be achieved

Take Action to Protect Your Rights

Medical malpractice cases have strict time limitations. To preserve your claim:

Obtain copies of all medical records: Request complete records from all providers involved in your care.

Preserve evidence: Keep all medical bills, prescription records, and correspondence with providers.

Document your injuries: Maintain a journal describing symptoms, pain levels, limitations, and impact on daily life.

Follow prescribed treatment: Continue with recommended medical care to address your injuries and prevent arguments that you failed to mitigate damages.

Avoid discussing your case: Do not discuss your case on social media or with anyone except your attorney.

Consult an attorney promptly: Early consultation allows time for investigation, expert review, and compliance with procedural requirements before deadlines expire.

Contact Us Today

If you or a loved one has suffered injury or death due to medical malpractice or medical negligence, experienced legal representation is essential. Medical malpractice cases are complex, expensive to litigate, and require extensive medical and legal expertise.

At the Law Offices of Matthew Cohan, we represent medical malpractice victims throughout New York and New Jersey, including New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan), Long Island, Westchester, upstate New York, and throughout New Jersey.

We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.

Contact us today for a free, confidential consultation. Call (516) 375-1107 or submit our online contact form. We will review your case, explain your legal options, and help you pursue the justice and compensation you deserve.