Newburgh Medical Malpractice Lawyers
When someone is feeling poorly, they contact their medical team. Most of us have a trusting relationship with those who provide medical care. We always trust and hope that we receive the best possible care, regardless of the provider or hospital.
Unfortunately, our experience at Finkelstein & Partners has shown us that not every person who seeks medical attention gets the care they expect and deserve. Through our clients’ hardships, we have learned how frequently the medical community lets them down.
If you are one of the many people in Newburgh who have suffered harm because of a missed diagnosis, the wrong prescription, or because the person reading your laboratory results gave you inaccurate information, contact a Newburgh medical malpractice lawyer at Finkelstein & Partners.
Experienced Medical Malpractice Law Firm
We have a team of experienced professionals who have been able to secure substantial settlements for our clients after making a medical malpractice claim, including:
- Failure to treat acute asthma – $3.25 million settlement
- Surgical mistake – $2.3 million settlement
- Surgical malpractice – $1.75 million jury award
While these are only past results, and there is never a guarantee that any case will prove successful, the fact we could secure these results is a clear indication that we will not rest until we have found success for our client. We bring experience and compassion to every case we handle and will pursue justice above all else.
Medical Malpractice Cases Can Result in Irreparable Harm
Like any personal injury case, medical malpractice can cause irreparable harm to a victim.
Some of the various types of injury or worsening illness include:
- Nursing home abuse – A patient in a Newburgh nursing home may suffer neglect, physical, or emotional abuse. The patient may suffer bruising, broken bones, or malnutrition due to the lack of proper care or abuse.
- Missed or incorrect diagnosis – A missed diagnosis can be deadly. Incorrectly diagnosed heart disease could result in a lack of care. A missed cancer diagnosis could mean a patient is not having much-needed treatments which could save their life.
- Improper medication – If the doctor writes the wrong dose, an administering nurse administers the wrong amount, or a pharmacist fails to read the proper medication, a patient could have an adverse reaction or lose their life.
- Surgical errors – In New York alone, more than 100 patients annually suffer from errors, including wrong surgical procedures, sponges or tools left in their bodies after being closed, or anesthesia errors.
No patient or their family should suffer the financial consequences of someone’s medical mistake. This is why anyone who feels they are a victim of a medical mistake should always seek guidance from an experienced medical malpractice attorney.
Establishing Liability After Medical Malpractice
Before determining liability in a medical malpractice case you need to establish:
- The medical provider owed you a duty of care
- The other party failed to uphold that duty of care
- You suffered a more serious injury or illness
- The illness or injury resulting from the duty of care breach resulted in a loss
Victims often feel that only their physician can be held liable for medical malpractice, but this is not always true.
Numerous parties can be held accountable, including:
- The doctor
- The hospital
- Members of the nursing staff
- Pharmacy technicians
- Lab technicians
While not every missed diagnosis, poor outcome, or injury means someone has the right to file a medical malpractice suit, a medical malpractice attorney can help hold them accountable when another party is responsible.
Recovering Damages Due to Medical Malpractice
When someone suffers from medical malpractice in New York, they have 30 months from when they should have known about the problem to file a lawsuit. Discuss your case with us as soon as possible because specific rules govern when this time starts counting down.
Some of the damages that a victim may be entitled to collect include:
- Medical costs
- Lost wages
- Cost of corrective treatment or surgery
- Pain and suffering
- Other damages
Collecting damages due to medical malpractice is not an easy one. Another physician must certify that they believe the patient received improper care using a certificate of merit before you may file a lawsuit. Anyone who believes they have a medical malpractice claim should see assistance from an experienced lawyer as soon as they have identified there is a problem due to a medical error.
Insurance Company Adjusters and Filing a Claim
When you file a medical malpractice claim on your own, you may believe you have provided sufficient information to the insurance company. However, chances are, the insurance company will reject your initial claim outright. Insurance company adjusters may simply call you and tell you they do not feel you have a valid claim and will not offer a settlement.
This is why most people who have medical malpractice claims seek legal help first. Unfortunately, not every bad outcome means you can file a claim. For example, medical malpractice may not involve a patient with no record of allergies who has a fatal reaction to a medication.
Patients who opt for elective surgery despite their physician advising against it and have a poor outcome cannot blame their surgical teams when they underwent the procedure after being fully informed of the risks.
Insurance company adjusters may claim:
- The patient knew the risks (medication, procedure, etc.)
- The patient failed to provide a complete medical history (in an emergency room)
- The complications were unforeseen
- The patient failed to follow the doctor’s orders
- The doctor was not liable because the hospital was understaffed
When someone knows that an insurer will make whatever statement most benefits their client, they will understand why insurers reject so many claims. Remember, insurance companies do not work for victims; they are there to protect their bottom line. This means they will plan to collect the maximum in premiums (profits) and pay as little as possible on claims (losses).
Contact an Experienced Medical Malpractice Attorney in NewburghToday
If you or someone you love suffered because of a Newburgh medical practitioner’s failure or mistake, contact Finkelstein & Partners today to learn more about your legal rights and options.
Frequently Asked Questions About Medical Malpractice
Law firms often get certain questions regarding medical malpractice cases. In response, we have proactively answered some of the most common questions here:
What kind of medical errors warrant medical malpractice claims?
When someone receives the wrong diagnosis and treatment of an illness, when a surgical mistake occurs, or when someone receives a dangerous drug, there may be the basis for a medical malpractice claim.
Who would be held liable in a medical malpractice case?
Liability depends on several factors. Doctors, nurses, pharmacology technicians, radiation technicians, or anesthesiologists can all be held accountable. However, you can hold other parties, such as the hospital or the employer of anyone who was a party to malpractice, partially liable.
Hospitals can be held accountable for poor training or poor hiring practices. They may also be liable if they have failed to take disciplinary action against someone who has had complaints lodged against them that may have identified early issues.
How much compensation can a victim of medical malpractice get for injuries and damages?
There is no one-size-fits-all answer to this question, although it is one of the most common questions a medical malpractice lawyer hears. Some of the facts which determine the value of a final settlement include:
- The extent of the harm caused to the victim – When a doctor makes an easily corrected error, and no long-term harm or damage results, you may garner a lower settlement. In cases where the victim’s illness is more serious because of a misdiagnosis, the settlement may increase.
- Age of the victim – When a medical error permanently disables a younger person, they may recover more than an older with the same disability from a similar error because the younger person likely had more work years left.
- The outcome for the patient – If doctors expect a patient to make a full recovery despite the medical malpractice, the settlement may decrease. However, a fatal prognosis may increase the settlement.
- Treatment and care – You may include patient care and treatment following poor medical care in the patient’s medical malpractice claim. The more extensive the treatment and care, the higher the settlement is likely to be.
Other factors, including the patient’s health before the malpractice, activity level, and earning capacity, may also affect any final settlement agreements.
What if doctors did not inform me of the risks of a medical procedure?
Patients have a right to be told about procedures and treatments their doctor recommends. They also have the right to ask questions about the procedure or treatment. Informed consent means a patient has the pertinent information to allow them to decide on their treatment options.
In some cases, informed consent is not possible. For example, suppose someone is in a car accident and arrives at the hospital unconscious. The doctor may take appropriate medical measures if there is no health care surrogate or next of kin available.
However, if you receive treatment or a procedure without the doctor telling you about the associated risks, you can hold the doctor liable for any illness or harm it causes.
Do I need a lawyer for a medical malpractice case?
Yes. Medical malpractice cases are complicated. Because most patients do not fully understand medical malpractice lawsuit requirements or personal injury statutes, it is always a good idea to work with an experienced attorney.
When someone works with a lawyer who has experience handling these complicated cases, they are working with someone who:
- Has experience dealing with these types of claims
- Has the knowledge and experience to gather the proper documents
- Has access to experts who can help them evaluate claims
- Can be prepared to file a lawsuit if insurance company negotiations break down
Victims of medical malpractice should never have to go through this process alone, and doing so could jeopardize their legal rights. Remember, the insurance company will not tell you what is best for you; they will be doing what is best for them at all times. Insurers also have a team of lawyers working on their behalf, so you want someone serving as your advocate.
How much will it cost to hire a medical malpractice lawyer?
Medical malpractice attorneys always offer a free case evaluation so a victim may understand their legal rights and their options. Once someone has decided to move forward with a medical malpractice lawsuit, the attorney will often take the case on a contingency fee basis.
You only pay contingency fees if you recover compensation from the liable party or parties. In New York, attorneys’ fees are limited after settlement. In most cases, when someone hires a lawyer to represent them in a medical malpractice case, there is no upfront fee. If the attorney is not successful in obtaining a settlement, the client pays no attorney fees.
Call Finkelstein & Partners, LLP If You Believe You Are the Victim of Medical Malpractice
At Finkelstein & Partners, LLP, we care about offering a straightforward legal experience that puts our clients first. Above all, the pursuit of justice drives our team of experienced Newburgh medical malpractice lawyers. If you believe a medical provider or establishment is at fault for your preventable injuries, don’t hesitate to contact us at (845) 562-0203. We’re standing by to help you at any time.
1279 Route 300
PO Box 1111
Newburgh, NY 12551
Our very first office was opened in Newburgh in 1959, and we are proud to say our headquarters is still located in the heart Newburgh. Whether it is providing exceptional legal representation or giving back to our community, we strive to give our all.