Medical Malpractice Attorneys in Buffalo NY
Doctors, nurses, and others in the medical industry are talented professionals, but they still make mistakes. Doctors or nurses may be tired and distracted. They may be undertrained for a new procedure, or they may not have the back-up medical support that they need. Regardless of why the mistake happened, medical malpractice injures people at a time when they are in need of urgent care.
If you have been injured by a medical professional, get help from the experienced Buffalo medical malpractice lawyers at Cantor, Wolff, Nicastro & Hall LLC. Our lawyers have more than 100 years of combined experience. We have a reputation for securing significant and life-changing results for our clients. We are committed to maximizing the value of every claim, and there are no fees unless we win for you.
To schedule your free case review, call The Hurt Hotline at (716) 848-8000 or reach out online today.
What Do You Have to Prove in a Medical Malpractice Claim?
Medical malpractice claims can be incredibly complex. In general, medical malpractice can be thought of as negligence of a doctor or medical professional that results in injury. To prove a medical malpractice claim, you must show that:
- You had a relationship with the medical provider, such as a doctor-patient relationship. This can be shown by medical records, communications and statements by the medical care provider.
- The medical professional acted negligently. As part of your claim, you must show that the medical provider acted negligently and failed to do what reasonable professionals would have done in their place.
- The breach of duty through their negligence caused your injury. You must prove a direct link between the negligence and your injury. Not all medical errors result in injury. So you must clearly establish this link.
- The injury caused damages such as medical bills, lost wages and other losses. You must prove that your injury directly led to damages.
Medical malpractice is a complex area of law. For a free review of the details of your case, speak with our medical malpractice lawyers in Buffalo, NY, today.
Process for Filing a Medical Malpractice Claim in NY
If you suspect that you have been the victim of malpractice, you should:
- Speak with a medical malpractice lawyer about your case. An attorney can review the information you have so far and advise you on the next steps. A lawyer will let you know what records you may need, who may be held responsible, and what steps you can take to build your claim. By speaking with a lawyer, you help protect and prepare your claim from the beginning.
- Contact the medical providers and licensing boards to notify them about the problem. When you let the medical professionals know about your injuries, they can gather records and work with their insurers. A medical malpractice attorney can manage this communication on your behalf.
- Gather any records related to your injury and the damage it has caused you. This includes medical records, income statements, and any other documents that will support your case. Your claim will need a wide range of materials. Your lawyer will want to start gathering these materials as soon as possible after your injury.
- File your claim. A medical malpractice lawyer can organize your records and prepare your claim for compensation. This can be a complicated and time-consuming process. Fortunately, an experienced lawyer can handle any settlement negotiations and prepare your case for trial if necessary.
Common Types of Medical Malpractice
Every medical malpractice claim is unique and challenging. Different areas of medicine have specific licensing and knowledge standards. It is essential to know when, where and how someone was injured. Common forms of medical malpractice include:
- ER malpractice. Emergency rooms are stressful and fast-paced environments where doctors make rapid decisions on complex cases. ER doctors must be highly trained, experienced and ready for a constantly changing environment. In such a high-stakes and high-stress arena, even the best ER doctors make errors that can lead to lasting harm.
- Surgical malpractice. Surgeons and supporting staff are regularly responsible for life and death decisions for patients on the operating table. Surgeons sometimes fail to perform a surgery correctly, fail to take adequate sanitary procedures or accidentally leave surgical instruments in someone’s body. When surgeons fail to act with the skill and care required of them, you can end up with lifelong injuries.
- Medication errors. Prescribing doctors may make mistakes in the medication they give you. Pharmacists may make errors in delivering the medication you need. The wrong medication can cause lasting damage and lead to significant health complications or aggravate existing conditions.
- Anesthesia errors. Anesthetists make sure that patients are sedated and remain so during surgery. They must have an in-depth knowledge of how anesthetic agents affect patients. They must also monitor the patients throughout the procedure. When they make a mistake, a patient can be fatally injured.
- Misdiagnosis or delayed diagnosis. We turn to doctors when we are ill, and we expect them to diagnose problems correctly. If they fail to catch or diagnose problems, conditions that were at one time treatable can turn deadly. This is particularly true in cases involving cancer where a doctor’s failure to diagnose can lead to years of costly treatment and even death.
- Birth Injuries. During childbirth, the mother and the child need professional and attentive care. When the medical professionals managing a birth make mistakes, the child may be left with permanent disfigurement or brain injuries.
How Our Medical Malpractice Lawyers Can Help You
Our medical malpractice attorneys will listen to you. After an injury, you may be in pain and struggling to pay bills. You may be uncertain about what steps to take next. Our attorneys can review your case, hear your concerns and advise you on the best way to proceed.
We can investigate your case and help you get the information you need. A medical malpractice or medical negligence case can be complicated. A Buffalo medical malpractice lawyer from our firm can investigate your injuries and get records on what happened. Our lawyers will also consult with experts in the field to build a strong claim for you.
Our medical malpractice law firm can take the stress off you by handling communications and negotiations in your case. Our lawyers can also fight for you and your recovery in court. Those responsible for your injuries may be unwilling to settle or provide the compensation you deserve. Our experienced trial lawyers can advocate on your behalf from start to finish.
Compensation in a Medical Malpractice Case
If you have suffered an injury due to medical malpractice, you may be entitled to these types of compensation:
- Medical bills. After an injury caused by medical error, you may need immediate treatment as well as long-term care. A medical malpractice claim can help compensate you for the costs of that present and future medical treatment.
- Lost wages and damage to your future earning potential. If you have lost wages or expect to lose wages in the future due to your injury, you may be entitled to compensation for those damages.
- Pain and suffering. Medical malpractice can result in lingering and painful injuries that last for years. You cannot undo the damage that has been done. However, compensation for your pain and suffering may provide you with the financial resources you need to manage your condition.
- Loss of enjoyment of life’s activities. An injury can take away your ability to do the daily activities that you love. If that happens, you may be able to obtain compensation for those losses.
To find out more about what compensation you may be entitled to receive, speak with a Buffalo medical malpractice attorney about your options.
Statute of Limitations on Medical Malpractice Claims in NY
In New York, you generally have two years and six months from the date of the malpractice, or the end date of treatment related to a condition, to file a lawsuit. However, limited exceptions exist to that deadline. For example, if the claim is based upon a foreign object being left in your body (such as a piece of surgical equipment), the claim can be brought within one year of discovering the object or one year from when the object reasonably should have been discovered.
Although there may be a few exceptions, the two-year and six-month deadline is generally very strict. It is vital to file your claim within the applicable timeframe. Otherwise, you may lose your ability to bring a medical malpractice claim. If you have questions about deadlines in your case, speak with a lawyer today.
Talk to a Buffalo Medical Malpractice Attorney Now
If you have been injured due to medical negligence, call The Hurt Hotline today. The experienced lawyers of Cantor, Wolff, Nicastro & Hall LLC will give you the one-on-one attention that you deserve. We are committed to maximizing the value of every claim. With more 100 years of combined experience, we have a strong reputation for winning cases at trial. We will fight for the compensation you deserve.
To schedule your free case review, call The Hurt Hotline at (716) 848-8000 or reach out online.