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Syracuse, NY
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In New York, medical malpractice lawsuits tend to be among the most complex types of medical neglect claims. The thought of suing a doctor, suing a hospital, or big insurance company can be intimidating for many people. At Salenger, Sack, Kimmel & Bavaro, we understand the profound impact that medical malpractice can have on your life and the lives of your loved ones. Our experienced medical malpractice attorneys in Syracuse have spent decades fighting for individuals and families affected by medical negligence and are dedicated to fighting for the rights of those who have been harmed by this negligence. With a commitment to achieving justice and securing compensation, we will be by your side through every step of the legal process.
Understanding Medical Malpractice
The most common type of professional malpractice is medical malpractice, which usually involves a physician or another healthcare professional deviates from the standard of care and has acted negligently while diagnosing, treating, or advising a patient causing injury or harm to the patient. This can happen in various medical settings, including hospitals, clinics, and private practices. Understanding the types of medical malpractice can help you identify if you have a potential case.
Common Types of Medical Malpractice
- Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition correctly or in a timely manner can lead to inappropriate treatment and further health complications.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong site, leaving instruments inside the patient, or performing unnecessary procedures.
- Medication Errors: Incorrect prescribing or administration of medication, leading to adverse drug reactions or ineffective treatment.
- Birth Injuries: Negligence during prenatal care or delivery that results in injury to the mother or baby, such as cerebral palsy or Erb’s palsy.
- Anesthesia Errors: Mistakes in administering anesthesia, including dosage errors or failure to monitor the patient properly, which can result in serious complications.
What Compensation Can You Recover in a New York Medical Malpractice Lawsuit?
Victims can recover economic damages and non-economic damages. And unlike other states, New York has no statutory limit on medical malpractice damages. As such, no limit exists on how much a medical malpractice victim or their family can seek.
Some of our top medical malpractice case results include:
- $10 Million – Emergency Room Malpractice
- $10 Million – Misreading of a Mammogram
- $8 Million – Failure to Diagnose a Stroke
Under New York law, the damages available to victims of medical malpractice may include:
Economic damages (tangible) – This compensation can cover past and future medical expenses as well as income you have lost or will lose in the years ahead due to the negligent act or omission that harmed you.
- Medical expenses
- Special equipment and other medical supplies needed to address the injury
- Nursing care or other supervision required
- Physical therapy and other forms of rehabilitation required
- Lost or diminished job earnings as a result of the injury
Non-economic damages (Intangible) – Non-economic damages, also known as intangible damages, compensate for the emotional and physical suffering experienced due to medical malpractice or wrongful death. This is compensation for the intangible harm that you have suffered such as pain and suffering. It is possible to recover damages for both past and future pain and suffering. These damages include:
- Physical Pain and Suffering: Compensation for the ongoing physical pain endured, both in the past and present.
- Emotional Pain and Suffering: This includes the emotional distress, anxiety, and loss of enjoyment of life that the victim experiences as a result of the injury, covering both past and present emotional trauma.
Wrongful Death Claims
In cases where the estate, typically managed by a spouse or immediate family members, is pursuing a wrongful death claim, they may recover compensation for the following non-economic damages:
- Loss of Support and Services: Compensation for the loss of financial support, services, and voluntary assistance that the deceased would have provided, including contributions towards the education of children.
- Loss of Inheritance: Damages for the loss of the prospect of inheriting money and property from the deceased.
- Loss of Parental Care and Guidance: Recognizing the profound impact of losing a parent, this compensation addresses the emotional and practical loss of parental guidance.
- Medical and Funeral Expenses: Compensation for the medical bills and funeral costs incurred as a result of the wrongful death.
If medical malpractice caused the death of a loved one, Salenger, Sack, Kimmel, & Bavaro can seek different types of damages on your behalf such as compensation for funeral expenses and the loss of financial support.
Punitive Damages
In addition to economic and non-economic damages, punitive damages may also be awarded in exceptional cases. While economic and non-economic damages are compensatory—intended to reimburse the victim or their family for the harm caused—punitive damages are designed to punish the at-fault party. These damages are awarded in cases where the physician or medical facility’s actions were particularly egregious or reckless, serving as a deterrent to prevent similar behavior in the future.
Medical Malpractice Statute of Limitations in New York
In New York, the statute of limitations for medical malpractice claims is two years and six months from the date of the incident. If the victim was a minor at the time, this period begins once they turn 18.
If the malpractice was not immediately discoverable, the time limit might not start until the injury is identified. Consult with our attorneys to ensure your claim is filed within the appropriate time frame and to secure the compensation you deserve.
Why Choose Salenger, Sack, Kimmel & Bavaro?
- Extensive Experience and Knowledge: Our medical malpractice attorneys have extensive experience in handling complex medical malpractice cases. We collaborate with medical experts to thoroughly investigate each claim and develop a robust case strategy.
- Personalized Legal Representation: We recognize that every medical malpractice case is unique. Our team provides personalized legal representation, carefully listening to your story and crafting a strategy that addresses your specific needs and goals.
- Proven Track Record: Our firm has a history of securing significant settlements and verdicts for our clients. We are committed to holding negligent medical professionals accountable and obtaining the maximum compensation for your injuries, pain, suffering, and financial losses. Negligence defense lawyers know that we have a long history of success in obtaining large verdicts for our clients in medical malpractice and personal injury cases, which help us to resolve a large number of cases without the uncertainty and expense involving a jury trial.
Our Comprehensive Medical Malpractice Services
- Detailed Case Evaluation: We conduct an in-depth review of your medical records and consult with medical experts to assess the strength of your case.
- Aggressive Advocacy: Our attorneys are skilled negotiators and litigators, ready to advocate for your rights in settlement discussions or in the courtroom.
- Continuous Support: We provide consistent support and clear communication throughout the legal process, ensuring you are informed and confident every step of the way.
Seeking Justice for Medical Malpractice Victims
If you or a loved one has suffered due to medical malpractice in New York, Salenger, Sack, Kimmel & Bavaro is here to help. Our compassionate and dedicated attorneys will fight for your rights and work tirelessly to secure the compensation you deserve.
Contact Salenger, Sack, Kimmel & Bavaro, LLP to review your case and explore your options for seeking justice.
Call us at (800) 675-8556 for a FREE consultation.
