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Bronx Medical Malpractice Lawyer

Bronx Medical Malpractice LawyerYou may be entitled to compensation if you or a loved one has been the victim of medical negligence in the Bronx, NY. Whether your doctor failed to diagnose your condition, prescribed the wrong medication, or made an error during surgery, Oresky & Associates, PLLC will fight to hold them accountable.

Since 1992, our Bronx medical malpractice lawyers have been standing up to insurance companies, hospitals, and negligent healthcare providers. We’ve successfully won more than $400 million (and counting) for clients just like you.

Don’t let the hospital or insurance company stand between you and the money you deserve. Contact our Bronx law firm or call us at (718) 993-9999 and level the playing field. Your first consultation is free – so call now.

How Oresky & Associates, PLLC Can Help With Your Bronx Medical Malpractice Case

How Oresky & Associates, PLLC Can Help With Your Bronx Medical Malpractice CaseYou trusted your doctor to help you get better, but they made a mistake instead. Now you’re left to deal with the consequences. Filing a medical malpractice lawsuit can help to ease the financial burden of your injury and suffering. 

You can focus on recovering and increase the odds of winning your case by hiring an experienced Bronx personal injury lawyer.

Oresky & Associates, PLLC is a top-rated, award-winning law firm that fights for accident and injury victims in the Bronx every day. We’re tough negotiators and aren’t afraid to bring disputes to the courtroom. When you hire our law firm, you get decades of experience and a team that’s won hundreds of millions of dollars in your corner.

Here’s how we can help:

  • We’ll investigate your case thoroughly with the help of experts, including medical professionals and forensic specialists.
  • Our team will work to identify the cause of your injury and determine how a medical error contributed. 
  • We’ll handle all conversations and negotiations with other parties – including the hospital, insurance providers, and other defendants.
  • Top-rated litigators will be ready to bring your case to a compassionate jury of your peers if you aren’t offered a fair settlement deal.

Now is the time to take action. Call our law offices in the Bronx, New York to get started with your free initial case evaluation today.

What is Medical Malpractice?

Because what they do is so important, healthcare providers go through extensive training, are tested to prove that they understand medicine, and have to demonstrate that they can apply what they know in practice. 

In turn, all healthcare providers are held to a high standard of care. 

Doctors have to use equivalent skill and competence that another reasonable doctor would use under the same circumstances. 

More simply put, if a doctor fails to do what another reasonable doctor would have done in a situation, they’ve violated the standard of care.

Breaches of this standard of care can be considered medical malpractice, especially when an injury or death results.

How Common is Medical Malpractice?

The American Medical Association (AMA) estimates that one out of every three doctors will be sued for medical malpractice at some point during their career. It’s also believed that only 2% of patients affected by medical negligence will take action and file a lawsuit.

So, while we know that medical malpractice is all-too-common, it’s hard to say with certainty how prevalent it really is. 

Generally, however, medical errors are considered to be so problematic that they’re recognized as the third leading cause of avoidable death in the United States.

According to research, medical accidents cause anywhere between 65,000 and 200,000 deaths every year. Johns Hopkins University believes the number of deaths caused by medical errors is closer to 250,000.

In comparison, accidental deaths by other causes – including car accidents and workplace accidents – tops out at 98,000. 

What’s My Medical Malpractice Lawsuit Worth?

According to a report by the National Practitioner Data Bank, plaintiffs were awarded more than $4 million in medical malpractice lawsuits in 2018. The vast majority of these awards – more than 96% – were the result of private settlements. Only 3.5% were jury verdicts.

The average award in these medical malpractice cases was $348,065. 

The value of every medical malpractice lawsuit is different and will depend on things like: 

  • The type of injury or trauma that the patient suffers
  • What type of medical care or treatment will be necessary to treat the injury
  • Whether the patient will be able to recover from the medical error
  • The patient’s out of pocket costs 
  • The degree to which the medical error contributed to the patient’s injury
  • The amount of pain and suffering the patient has experienced

The more serious the injury or the more serious the error, the more a case is likely worth. Only an experienced Bronx personal injury attorney can help you understand the specifics of your particular case. Contact Oresky & Associates to learn more today.

What Compensation is Available to Victims of Medical Negligence in New York?

Economic and non-economic damages can be awarded in New York medical malpractice lawsuits.

Economic damages compensate for financial costs of a medical error, such as:

  • Present and future medical bills
  • Rehabilitation and therapy
  • Nursing care
  • Medical devices 
  • Medical equipment
  • Lost wages and income
  • Reduced earning capacity
  • Disability, and more

Non-economic damages make up for hard-to-value consequences of medical mistakes, like:

  • Chronic pain
  • Emotional distress
  • Disfigurement
  • Scarring
  • Reduced quality of life
  • Loss of consortium

Unlike many other states, there are no caps on compensatory awards in New York State.

In limited instances, punitive damages may also be available. However, there must be clear and convincing evidence that a doctor or healthcare provider acted intentionally or with such gross negligence that punishment is necessary.

Who Can Be Liable In a Bronx Medical Malpractice Lawsuit?

All healthcare providers must satisfy the standard of care that’s expected of them as they care for patients. If you’ve been injured because of a medical error or mistake, anyone who contributed can be held accountable.

This could include:

  • General practitioners
  • Specialists
  • Surgeons
  • Emergency room doctors
  • Nurses
  • Nurse practitioners (NPs)
  • Physician Assistants (PAs)
  • Hospital staff and administrators
  • Anesthesiologists
  • Pharmacists

It’s important to make sure that your case is subject to a thorough investigation. At Oresky & Associates, PLLC, we’ll dig deep to uncover the cause(s) of your injury. When we identify the medical errors that occurred, we can determine which healthcare provider – or providers – can be held accountable.

What Are Some Examples of Medical Negligence?

Medical negligence can include:

  • Failure to diagnose a condition
  • Misdiagnosis
  • Failure to prescribe the right medication
  • Surgical mistakes or errors
  • Failure to perform a necessary procedure
  • Wrong-site surgery
  • Problems with charting or staff communication
  • Premature discharge
  • Inadequate follow-up care

Has a doctor or another medical practitioner made a mistake and caused you to get hurt? You may have a legitimate legal claim for damages on your hands. 

Our medical malpractice attorneys in the Bronx can review the specific details of your case, determine if your doctor was negligent, and, help you understand all of the legal options that may be available to you. Get in touch with our team to get started with a free consultation today.

What Do I Have to Prove to Win a Medical Malpractice Lawsuit?

Like most other types of personal injury cases, medical malpractice lawsuits are typically based on negligence.

To win, you’ll have to prove four different elements:

    • Duty: the healthcare provider owed you a duty of care
    • Breach: the provider failed to act reasonably under the circumstances and breached the standard of care
    • Causation: the provider’s actions or inactions were the direct and proximate cause of your injury
    • Damages: you’ve suffered damages – financial, physical, emotional – as a result.

Essentially, you have to prove that you were injured because the provider failed to meet the standard of care expected of them in their specific field of medicine.

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

Medical malpractice lawsuits are subject to a 30-month statute of limitations in the state of New York. This means you’ll have up to two and a half years from the date of the negligent act to file a lawsuit.

If a foreign object was left in your body during surgery, you’ll have one year from the date it’s discovered to take action.

You will lose the right to file a claim and seek damages if you miss the deadline that applies to your case. Don’t hesitate to contact our experienced Bronx medical malpractice attorneys for immediate assistance.

Schedule a Free Consultation With a Bronx Medical Malpractice Lawyer 

Were you injured because of a medical error? Have you experienced the wrongful death of a family member because a doctor made a mistake? Oresky & Associates, PLLC can help you seek maximum compensation for your injuries and suffering.

Our Bronx medical malpractice lawyers have decades of experience standing up for clients just like you. In our firm’s history, which spans more than 30 years, we’ve won hundreds of millions of dollars in life-changing compensation. Get our award-winning team in your corner and level the playing field by calling for help today.

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Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.

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