Brooklyn Medical Malpractice Lawyer

Brooklyn Medical Malpractice LawyerWere you or a loved one harmed due to a medical error in Brooklyn, NY? Doctors and other healthcare professionals are held to high standards. If they failed to meet those standards, you may be entitled to compensation. An experienced Brooklyn medical malpractice lawyer at the Law Offices of Jay S. Knispel Personal Injury Lawyers can help you fight to recover compensation for medical expenses, lost wages, and your personal suffering.

We have over 25 years of experience in personal injury law. Our law firm can match the resources of even the largest NYC hospitals and their insurance companies. In fact, we’ve proven our abilities by recovering tens of millions of dollars for our injured clients.

Contact our law offices in Brooklyn, New York, at (718) 802-1600 to schedule your free consultation today.

Why Trust the Law Offices of Jay S. Knispel Personal Injury Lawyers To Handle Your Brooklyn Medical Malpractice Claim

Why Trust the Law Offices of Jay S. Knispel Personal Injury Lawyers To Handle Your Brooklyn Medical Malpractice ClaimMedical malpractice cases can be particularly complex. You’ll need a lawyer with extensive legal knowledge. You’ll also need a law firm with the resources to handle difficult medical issues.

The Law Office of Jay S. Knispel Personal Injury Lawyers has won some of the largest settlements and verdicts in New York City.

Our Brooklyn personal injury lawyer has been recognized with an AV-Preeminent rating from Martindale-Hubbell. He’s also been listed as a National Trial Lawyers’ Top 100 Trial Lawyer.

When you choose our experienced medical malpractice lawyer to handle your case, we will:

  • Identify the medical error that led to your suffering
  • Assess your case value and seek damages from all responsible parties
  • Hire experts who can help us better understand the standard of care and your doctor’s mistake
  • Handle the insurance negotiations to secure a full settlement
  • Prepare your case for trial if the insurance company refuses a fair offer

You don’t have to handle the complicated legal process alone. Contact our trusted Brooklyn personal injury attorney to learn more about how we can fight for you.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor or health care professional deviates from the medically accepted standards of care and harms a patient.

Medical malpractice is a type of negligence. Doctors aren’t financially responsible for all bad outcomes. They’re only responsible when their own negligence causes the patient to suffer some type of injury or harm.

Medical errors can occur at any stage of the diagnostic or treatment process.

At the Law Offices of Jay S. Knispel Personal Injury Lawyers, we handle medical malpractice cases involving:

  • Emergency room errors
  • Anesthesia errors
  • Medication errors and adverse drug interactions
  • Surgical errors
  • Hospital-acquired infections
  • Failure to diagnose cancer or other diseases
  • Delayed diagnosis
  • Leaving a foreign object in a patient
  • Defective medical devices
  • Nursing negligence
  • Hospital negligence
  • Radiology errors
  • Pharmacy errors
  • OBGYN errors
  • Birth injuries

As the patient, you may not know whether you have a valid case. Contact our personal injury law firm for legal representation today. We’ll evaluate your case for free and help you understand your legal options.

Who Can Be Liable for Medical Malpractice in New York?

All medical professionals owe their patients a duty of care. As such, any medical professional can be held liable for malpractice when their negligence harms a patient.

That includes:

  • Doctors
  • Surgeons
  • Hospitals and medical clinics
  • Nurses
  • Specialists, including cardiologists, OBGYNs, radiologists, ophthalmologists, dermatologists, etc.
  • Physician’s assistants
  • Nursing homes

More than one party may be legally liable for your damage, as employers, hospitals, and medical clinics can be liable for the negligent acts of their medical staff. Their duty includes a responsibility to hire, train, and supervise reasonably competent medical professionals.

What Is My Brooklyn Medical Malpractice Case Worth?

The value of your medical malpractice case depends highly on the severity of your injuries and the losses you have suffered.

Other factors that are relevant in determining your case value include:

  • The cost of your medical treatment
  • Your prognosis and whether you’re expected to recover fully
  • Whether your earnings are impacted during recovery
  • Whether the injury is impacted to expect your future earning capacity
  • How the injury might damage your quality of life and ability to enjoy life
  • The level of physical suffering and emotional trauma you’ve experienced
  • The circumstances and the nature of the medical professional’s actions
  • The strength of the evidence in your case

Hospitals have teams of defense attorneys working to protect them. They’ve handled cases like yours before–and they know you probably need the money. After all, the cost of treating a medical error can be astronomical.

Fortunately, our lawyer has decades of experience helping injured patients like you. We have the skills to help you understand how much your case is really worth–and we know how to fight for every available dollar.

What Types of Damages Are Available to Victims of Medical Negligence in New York City?

There are two types of compensatory damages allowed under New York personal injury laws: economic damages and non-economic damages.

Economic damages offset the financial costs you’ve incurred due to the mistake, including:

  • Past and future medical expenses
  • Corrective surgeries and treatments
  • Lost wages
  • Disability
  • Physical therapy
  • Rehabilitation
  • Nursing care
  • Out-of-pocket expenses

Non-economic damages attempt to compensate for the more personal costs associated with a medical error, including:

  • Pain and suffering
  • Emotional distress
  • Anxiety
  • Depression
  • PTSD
  • Reduced life expectancy
  • Inability to enjoy life’s activities
  • Diminished quality of life
  • Physical disfigurement and scarring
  • Loss of consortium

There is no cap on the amount of damages you can receive if your case is successful. Therefore, you should be compensated for all of the unique losses you have suffered–even if money can never really make up for those losses.

Medical Malpractice Often Leaves Patients Struggling With Life-Changing Injuries

A medical error can change a patient’s life forever.

Although the long-term consequences will depend on the unique situation, some examples include:

  • A worsened underlying condition
  • The need for more extensive treatment protocols
  • Development of ancillary health problems
  • Loss of mobility
  • Organ damage
  • Brain damage
  • Amputations
  • Paralysis
  • Loss of cognitive function
  • Infections
  • Blood clots
  • Stroke
  • Sepsis
  • Shock
  • Catastrophic injuries, which can lead to the wrongful death of a loved one

Regardless of the physical outcome, most victims of medical malpractice struggle with anger, frustration, and depression. Damage to your emotional well-being will also factor into your case value. You can count on our lawyer in Brooklyn to work closely with you and your doctors to account for all of the losses you’ve experienced.

What Causes Most Medical Errors in Brooklyn, NYC?

Medical mistakes often happen when doctors and healthcare providers:

  • Fail to order the proper diagnostic tests
  • Misinterpret lab results
  • Fail to recognize a patient’s symptoms
  • Make charting errors
  • Fail to obtain a full patient history
  • Fail to properly monitor the patient before, during, and after medical procedures
  • Operate on the wrong body part
  • Fail to communicate
  • Fail to refer a patient to an appropriate specialist
  • Discharge a patient prematurely
  • Fail to obtain informed consent
  • Use outdated technology
  • Use defective medical devices or equipment
  • Make biased decisions about a patient

Often, physician burnout and understaffing can play a role in medical errors.

How Do I Prove My Doctor’s Mistake Amounted to Medical Malpractice in New York?

Medical malpractice is often a type of negligence. However, the elements of medical negligence are slightly more nuanced than those that apply in your typical car accident case.

To win your case, you must establish:

  • The defendant’s legal duty of care (such as a doctor-patient relationship)
  • The standard of care that you should have received
  • A deviation from the medical standard of care (breach of duty)
  • The mistake caused you some type of harm
  • The level of damages you suffered as a result

Before we file a claim for compensation, our lawyer will obtain the required certificate of merit. Under New York medical malpractice laws, all injury victims must first submit an affidavit from a licensed physician. That affidavit will include information about the error and whether you have a reasonable basis for your claim.

How Long Do I Have To File a Medical Malpractice Lawsuit in New York?

Under New York law, the statute of limitations in medical malpractice is two years and six months. The clock starts running on the date of the mistake. However, if you continue to visit the doctor and they make mistakes during a period of ongoing treatment, the clock starts running on your last treatment date.

A discovery rule applies to give you more time in situations where:

  • A foreign object was left inside your body
  • Your doctor failed to diagnose cancer

It is often complex to determine the statute of limitations for a medical malpractice case, as there are many exceptions/nuances that can change the deadline. If you have questions about the deadlines that apply to your case, contact our Brooklyn medical malpractice attorney for a free case review today.

Contact an Experienced Brooklyn Medical Malpractice Lawyer for a Free Consultation

Don’t waste any time if you suspect you were a victim of medical negligence. If you were harmed, the clock is already ticking. Call a Brooklyn medical malpractice lawyer at the Law Office of Jay S. Knispel Personal Injury Lawyers to learn more about your legal rights today.

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Our Locations

New York City Office 

450 7th Ave Suite 1605
New York, NY 10123
(212) 564 2800

Law Offices of Jay S. Knispel Personal Injury-New York City Office


Brooklyn Office 

26 Court St., Suite 2511
Brooklyn, NY 11242
(718) 802-1600

Law Offices of Jay S. Knispel Personal Injury - Brooklyn Office


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