Going To The Doctor Should Make You Feel Better, Not Worse
When you go to the doctor, you expect that they will help improve your health, not make it worse. However, when a medical provider acts negligently or recklessly and causes you harm, you may have a valid medical malpractice claim.
Our attorneys at Rutberg Breslow Personal Injury Law have over a century of combined experience helping our New York clients fight for justice after medical malpractice. We understand that your medical provider left you in a vulnerable position. From our main office in Poughkeepsie, and other offices across the state, we can help you take the next steps to begin healing and moving forward.
What Constitutes Medical Malpractice?
If your doctor breached their standard of care by acting negligently or recklessly and caused an injury, you may have a valid medical malpractice claim. Doctors and other health care professionals owe their patients a standard of care. When they breach this duty and cause a new or worsened injury, you can file a claim against them.
Types Of Medical Malpractice Claims
Medical malpractice injuries are vast and can refer to any new or worsened injury caused by the negligence of a health care professional.
Common types of medical malpractice claims include:
- Delayed diagnosis
- Failure to diagnose
- Surgical errors
- Medication errors
- Failure to treat
- Birth injuries
- Anesthesia errors
Any of these mistakes can cause lifelong injuries or disabilities and have a great impact on your mental and physical well-being.
Establishing Medical Malpractice Liability
The first step in a medical malpractice case is to establish the existence of the doctor-patient relationship. You must then prove that the doctor provided care under the standard they swore to uphold. The negligent care must have caused an injury that resulted in significant harm. Medical expert witnesses play an important role in establishing these elements during your case.
The Legal Process For Medical Malpractice Claims
The idea of facing the legal process after suffering an injury can feel overwhelming. At Rutberg Breslow Personal Injury Law, we will be there for you every step of the way. After your initial consultation, we will begin the investigative part of your case. This will include gathering relevant evidence and medical information. After filing your claim, we will prepare for settlement negotiations or trial. Our team of attorneys has valuable litigation experience. We are ready to represent you in the courtroom or at the negotiating table.
Damages In Medical Malpractice Cases
New York is unique in that the state does not impose a cap on the amount of damages you can recover. In a medical malpractice claim, you can recover compensatory damages meant to reimburse you for your expenses related to your injury. In some severe cases, you can recover punitive damages intended to punish your doctor for their negligence or recklessness.
In a medical malpractice claim, you can fight for economic and noneconomic damages. Economic damages are compensation for losses such as medical expenses and lost income. Noneconomic damages refer to pain and suffering and mental anguish.
Handling Medical Malpractice Insurance Companies
Doctors and healthcare facilities have medical malpractice insurance to cover them in case the need arises. These insurance companies will often try to settle your case quickly and offer you much less than you deserve.
When you work with us at Rutberg Breslow Personal Injury Law, we will take over negotiations and communications with insurance companies to ensure that they do not try to take advantage of you. We know what tactics insurers use and will help you avoid pitfalls that could hurt your case.
Settlement Vs. Trial: Weighing Your Options
After suffering an injury due to medical malpractice, you may feel tempted to accept a settlement offer from an insurance company. We understand how tired you are, and the idea of going through a drawn-out legal case may not be tempting.
However, accepting a settlement before discussing your options with an attorney can result in you obtaining less than you need and deserve. At Rutberg Breslow Personal Injury Law, we will take the time to discuss your options to ensure that you understand the pros and cons of taking your case to trial or accepting a settlement offer.
Advocacy You Can Trust
After suffering a devastating medical malpractice injury, you need someone you can trust to advocate for you. At Rutberg Breslow Personal Injury Law in Poughkeepsie, our medical malpractice lawyers will stand by your side through every step of your case.