If you, or a member of your family, has been injured as a result of a medical error, know that it is not an isolated event. In fact, according to a recent report by the American Association for Justice, more than 181,000 severe injuries are attributed to medical negligence each year.
Medical malpractice refers to healthcare provider negligence, and holds individuals and companies responsible for actions, or inactions, that digress from the universal standard of care required of medical personnel. This standard is determined by comparing their actions and results with those of other professionals in the same field, circumstances, and geographical region. If this comparison is unfavorable, they can be held accountable for any injuries that result.
Although a medical professional is responsible for providing this general standard of care, this does not mean that an unfortunate procedural outcome will qualify as malpractice. The law recognizes and allows for variety of approach and procedure when doctors treat their patients. While there is room in the law for a doctor’s judgment in determining what care provided, there is no room for mistaken diagnoses, failures to diagnose, substandard care, performing a treatment without patient consent, and other seriously negligent acts that result in an injury or death.
Have you experienced harm due to substandard medical care? Call a NYC medical malpractice attorney at our firm at (646) 681-7055. We offer a free consultation to discuss your needs and concerns.
Proving Medical Malpractice: Put Our Experience & Resources on Your Side
An individual injured by medical malpractice is often compromised in many ways. The full extent of the injury is often not apparent until well after the incident occurs, and it can interfere with an individual’s ability to work and earn a living. In addition, corrective treatment is expensive. Our firm spares no expense in gathering the essential evidence for your case, and we will retain all the necessary experts and specialists to make sure that your case is prepared properly to maximize the recovery you are entitled to under the law.
The more information the court and the jury are provided, the better they will understand and be able to evaluate your injuries and the impact that medical negligence has upon your life, financially and otherwise. With extensive information, they are more likely to render a fair and just award that will fully compensate you for all of your losses and ensure that you are not left without the means to properly attend to your medical and financial needs.
We deliver results in New York City medical malpractice matters in many ways:
EXPERT REVIEW OF YOUR INJURY – Our
attorneys have reviewed hundreds of medical malpractice claims. Once you hire us
for your medical malpractice case, we will acquire your medical records
and immediately have a medical doctor evaluate your potential claim.
If your claim meets our criteria and is accepted by our firm and we start a lawsuit on your behalf, we will have your injuries and your economic losses reviewed by additional experts to help the jury or insurance company understand your need for future medical treatment, surgeries, medication, and household help. These experts will arrive at the costs of all these items. We know that proper preparation and attention to detail helps ensure just compensation for you.
LIFE CARE PLAN FOR YOUR MEDICAL MALPRACTICE CLAIM – To further maximize your medical malpractice claim, we have many of our cases reviewed by a life care planner when appropriate. A life care planner will review all relevant records and conduct an examination in order to give an opinion as to your future medical needs, which are often the largest component of economic damages. These experts determine the medical and other services, equipment, and supplies that you will require for the remainder of your life. They then carefully research all of the items included in the life care plan to determine expected future medical treatment costs. Overall, life care planners assess and prepare our medical malpractice cases so that judges, juries, opposing attorneys, and insurance companies may understand the true value of your case.
ECONOMIC DAMAGES FOR MEDICAL MALPRACTICE – Our firm routinely hires and spares no expense in retaining economic experts to accurately analyze your financial losses related to medical malpractice. These professionals calculate economic losses related to your injury. They then apply specific medical inflation rates and consistent discount rates to determine the true value of your losses, such as medical expenses, lost wages, household help, and other items. They will create economic damage assessments and incorporate the cost of continued medical care and lost services when applicable. These economic experts also thoroughly evaluate the impact your injury has on your loss of earnings, which may include a loss of fringe benefits, pension benefits, 401(k) plan, and union benefits. They rely on both national estimates and case specific facts to determine and calculate these losses. The economic expert is often essential in providing the court and the jury with all of the necessary information to fully understand your economic losses due to your injury.
VOCATIONAL REHABILITATION EXPERTS – Oftentimes, the services of a vocational rehabilitation expert are helpful in explaining to the jury why a person with a disabling condition has to work at a job with a reduced earning capacity, has a shortened work life expectancy, or is rendered chronically unemployable. It is the vocational rehabilitation expert who performs a comprehensive evaluation of any employment issues you may have in order to explain in court how such factors impact your ability to obtain or maintain employment over the course of your lifetime.
MEDICAL ILLUSTRATIONS DEPICTING MEDICAL MALPRACTICE – Our attorneys work with medical art directors and certified medical illustrators to develop compelling visual aids and exhibits to present at trial. These greatly assist the jury in understanding the nature and impact of your injury. These medical illustrations turn complex medical information into visual presentations that captivate, educate and explain the anatomy and nature of your injuries and how they may have been caused by medical malpractice. They also detail surgical procedures, or medical conditions relevant to your case. This helps the jury understand your injury and the pain and suffering you endured and will continue to endure into the future.
Actual Medical Malpractice Claim Involving Eye Surgery
These are actual exhibits prepared for a case handled by the New York City medical malpractice attorneys at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. This case involved a treating surgeon’s failure to take his patient off Coumadin (a blood thinner) prior to surgery, resulting in hemorrhage (bleeding) and blindness. Exhibits like these are essential in properly explaining complicated medical issues to jurors. We routinely prepare and present exhibits like these in our trials.
Why Our NYC Medical Malpractice Firm?
Our approach to handling medical malpractice claims is uncomplicated. We get the job done! Our clients get value for their money – something our founder, the Honorable Irwin M. Silbowitz (former New York State Supreme Court Judge), insisted upon when he established the firm. Every client’s case is treated with the utmost care.
RESULTS – EXPERIENCED IN MULTI-MILLION-DOLLAR MEDICAL MALPRACTICE CASES: You need a law firm with proven trial results. Our track record speaks for itself.
PREPARATION: While many cases are settled beforehand, we prepare each case as if it will go all the way to trial. We know that failure to prepare is preparing to fail.
PERSONALIZED APPROACH: You will have direct access to a senior partner assigned to your case, as well as a paralegal and other staff.
PHONE CALLS RETURNED PROMPTLY: Our firm’s code requires us to return our clients’ telephone calls as promptly as possible, usually within one business day. We take your calls seriously and only accept a limited number of malpractice cases so we can provide you with exceptional and personalized service.
STATE-OF-THE-ART TECHNOLOGY: We use state-of-the-art computer generated trial exhibits to demonstrate to the jury important facts about medical malpractice and your injuries. These medical trial exhibits incorporate your actual diagnostic films into the presentation. These visual aids accurately and graphically depict the nature and extent of the specific injuries that you sustained. In the old days all we had were X-rays or MRI films to show the jury. These often appeared dark, unclear and difficult to see. Our trial exhibits allow the jury to see and appreciate the injury in living color as it is being described by the medial expert.
The colorization of your diagnostic films clarifies your injury for the jury. The injury or postoperative condition is imaged directly over the diagnostic film allowing for medical accuracy and permitting a side by side comparison. This gives the jury an unprecedented understanding of your injury and a framework to evaluate the pain and suffering that you endured. We incorporate into exhibits medical hardware that may have been installed in your body like plates, screws, rods and wires, giving the jury a better understanding of the pain, suffering, and loss of enjoyment of life that you have endured.
In some cases we have even utilized 3-D technology in the courtroom, allowing jurors to see the actual surgery that has been performed on our clients, providing them with a perspective only available to the expert surgeon involved in your case.
HOME/HOSPITAL VISITS: We will send an investigator to meet you at home or at the hospital so we can begin an investigation as quickly as possible and expedite your claim.
NO FEE UNLESS WE WIN: We offer FREE consultations and we never charge a legal fee unless we are successful in obtaining a settlement or jury verdict on your behalf in your medical malpractice case.
NO UP-FRONT EXPENSES: Our firm advances the costs of preparing and presenting our clients’ medical malpractice cases. That means even though we have to pay litigation expenses that can amount to tens of thousands of dollars, we do not ask our clients to advance these expenses. They are payable upon the conclusion of the case.
Ready to learn more about the steps our New York City medical malpractice attorneys can take to protect your rights? Call (646) 681-7055 or contact us online for your free case evaluation.