COMBATING MEDICAL MALPRACTICE IN NEW YORK CITY
We trust doctors, nurses, and other health care professionals to always do their absolute best to ensure that we are healthy. However, mistakes can occur. Unlike other professions, even the most minor medical care error can have disastrous, even fatal, consequences.
- Did your doctor fail to diagnose a serious medical condition?
- Are you experiencing more pain after surgery than before?
- Did you or a loved one suffer needlessly from preventable complications?
- Was your child born with birth injuries?
If your answer is yes to any of these questions, you may have been the victim of medical malpractice.
At the Law Offices of Keogh Crispi, our medical malpractice attorneys can answer your questions and help you determine whether or not you have a claim.
With over 40 years of combined personal injury litigation experience, we have the resources to handle the complexities of medical malpractice claims. We will work with a network of medical professionals to conduct a thorough case investigation. These experts will help us examine your case and determine if negligence was a contributing factor to your medical complications.
We are prepared to identify medical malpractice in a wide range of circumstances, including:
- Failure to diagnose your condition or failure to refer you to a specialist
- Delayed diagnosis (especially of a heart condition)
- Emergency room errors and complications
- Surgical errors
- Anesthesia errors
- Birth injuries to child or mother
Even in seemingly clear-cut cases of medical malpractice, proving your medical malpractice case in court can be difficult. Your doctor may have made a mistake in your medical treatment. However, this may not mean that your medical malpractice suit will be an open-and-shut case.
What Is the Standard of Care?
In the case of treating specific medical conditions and problems, the medical community comes to a consensus regarding acceptable treatments. This consensus is based on all available research, data, and treatment records, so a standard of care can be established for a specific condition. A doctor must do everything in his or her power to meet this standard of care and treat their patient in accordance with the established methods.
If a doctor uses risky, unverified, or experimental treatment without a compelling reason for doing so, or otherwise fails to meet the standard of care, the doctor risks harm to the patient. This can result in a subsequent medical malpractice claim.
During the trial, the plaintiff’s medical malpractice lawyer will likely call upon expert witnesses from the medical community.
This expert will testify to answer the following types of questions:
- whether the defendant’s actions were acceptable given the circumstances
- whether the defendant met an acceptable standard of care given the situation
- whether another doctor with equal skills and training in the same situation would have taken different actions
Proving Medical Malpractice
Success in a medical malpractice claim depends on the plaintiff’s ability to prove several elements of medical negligence. Initially, the plaintiff must demonstrate to the court that an official doctor-patient relationship existed between the plaintiff and defendant. The plaintiff must then prove that the defendant was negligent and breached his or her duty to provide an acceptable standard of care in the situation. Finally, the plaintiff must prove that his or her damages were the result of the defendant’s negligence and not some other cause. A plaintiff has grounds for a suit if they have suffered actual harm, measurable injury, or any other loss due to the defendant’s negligence.
Discuss Your Case With Experienced Medical Malpractice Attorneys
Medical malpractice is often complex. To have the best possible chance at receiving compensation from your claim, speak to the experienced medical malpractice attorneys at Keogh Crispi. With our 40 years of combined experience and our vast network of professionals, we are formidable in the courtroom. Let us fight for you. Contacting a medical malpractice lawyer immediately is critical to your success for the following reasons:
- Strict procedure: medical malpractice claims can sometimes require specific pretrial motions and procedures, which are not common knowledge. Failure to adhere to these requirements can lead to your case’s dismissal, even if a provider seems clearly responsible for your injury.
- Insurance companies use many tactics to intimidate victims of professional negligence into settling for less, even though it is not fair. Experienced attorneys are well aware of these moves and have the ability to demand maximum compensation for your tangible losses, as well as your losses that are more difficult to measure immediately.
- Our law firm has a long-standing network of contacts, professionals, and experts to gather evidence and eyewitness testimony that will support your case. These depositions are often key aspects of proving a provider violated a duty of care.
Contact Us For A Free Consultation
Located only two blocks from Grand Central Station, our firm works with clients across New York City. We also make home and hospital visits. Please contact us online today or call us at 212-919-0600 to schedule a free consultation and case evaluation.