What Are Your Rights as a Victim of Medical Malpractice?

Medical malpractice can be a life-changing event that leaves victims physically, emotionally, and financially devastated. Thankfully, the legal system offers protections for those affected but the ins and outs can be confusing. 

Below, the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo explain your rights and options as a victim and how medical malpractice attorneys near you can assist in seeking compensation.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to meet the standard of care expected in their field, leading to patient harm. This could be due to misdiagnosis, surgical errors, or medication mistakes. For a malpractice case to be ultimately successful, it must be proven that the healthcare provider’s negligence directly caused an injury or worsened a condition.

In New York, victims of medical malpractice are entitled to seek compensation for their injuries. Medical malpractice cases often cover damages such as medical bills, lost wages, pain and suffering, and future medical expenses. However, proving malpractice requires expertise, which is where experienced medical malpractice lawyers in NYC can step in to evaluate your case.

The Right to Quality Care

Every patient is entitled to receive competent and responsible care from healthcare professionals. When that standard is not met, you have the right to hold the negligent party accountable. The law expects healthcare providers to act reasonably and competently in the diagnosis and treatment of patients, and when that doesn’t happen, it’s important to explore your legal options.

The Right to Compensation for Damages

Victims of medical malpractice can pursue compensation for various types of damages, including:

• Medical Expenses: This includes past, current, and future medical costs resulting from the malpractice.
• Lost Wages: If the malpractice has affected your ability to work, you may be entitled to recover the income lost due to your injury.
• Pain and Suffering: The physical and emotional toll of medical malpractice can be significant, and compensation can address these non-economic damages.

Working with skilled medical malpractice attorneys near you ensures that all possible damages are considered in your case, maximizing the potential for a fair settlement or court judgement in your favor.

The Right to a Fair Trial

If you decide to pursue a lawsuit, you have the right to a fair trial that is heard in front of a judge or jury. While many cases are settled outside of court, having a lawyer who is prepared to take your case to trial, if necessary, can give you leverage in negotiations. Medical malpractice lawyers in NYC are familiar with both the court system and the defense strategies commonly used by medical professionals and their insurers, giving you a stronger chance at securing the compensation you need.

The Right to Legal Representation

One of the most critical rights for victims of medical malpractice is the right to legal representation. Without an experienced lawyer on your side a medical malpractice case can feel overwhelming. Medical malpractice lawyers can help you gather evidence, secure expert testimony, and build a strong case to prove that negligence occurred. At SPBMCC, our attorneys work on a contingency fee basis, meaning they only get paid if you win your case. 

What to Expect During a Medical Malpractice Case

In New York, you typically have two and a half years from the date of the malpractice or from the end of a continuous treatment related to the malpractice to bring a case. Missing this deadline can bar you from recovering damages. Medical malpractice attorneys near you can ensure that your case is filed within the proper time frame and that all necessary evidence is gathered and presented. Additionally, they will work with medical experts who can testify to the negligence in your case, which is often a key component in proving liability.

Medical malpractice cases can take time. Many cases are settled outside of court, but this can involve lengthy negotiations that may last months or even years. If the case goes to trial, the timeline could get even further extended as both sides gather evidence and prepare arguments.

Lawyers for medical malpractice can help assess your medical records, consult with experts, and determine if your experience qualifies as malpractice. If it does, they will help you understand the best approach. 

Our experienced attorneys understand the nuances of the local legal system and have experience dealing with New York courts. We can handle the legal legwork and help you understand the legal options available to help you move forward. If you believe you have been a victim of medical malpractice, reach out to us today for a free consultation.

Contact an Experienced NYC Medical Malpractice Lawyer at SPBMCC Today

Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.