Medical Malpractice

New York Medical Malpractice Lawyer & Attorney

When we seek medical care, we place our health, our future, and our very lives in the hands of doctors, nurses, and hospitals. This is the most profound trust a person can extend. When that trust is shattered by a medical professional’s negligence, the consequences can be devastating and life-altering. Medical malpractice occurs when a healthcare provider deviates from the accepted “standard of care,” resulting in injury, illness, or death to a patient. These are among the most complex and fiercely defended personal injury cases, requiring a law firm with exceptional resources, medical knowledge, and unwavering tenacity. At the Law Office of Bradley A. Sacks, we possess the specialized experience to confront medical institutions and fight for the justice you and your family deserve.

The High Standard of Proof in Medical Malpractice
Unlike a typical personal injury case, a medical malpractice claim requires proving more than simple negligence. We must demonstrate that a healthcare provider’s actions (or inactions) fell below the professionally recognized standard of care. The standard of care is defined as what a reasonably prudent medical provider with similar training and experience would have done under the same or similar circumstances.

To prove a deviation from this standard, the expertise of other medical professionals is not just helpful—it is legally required. Our firm maintains a vast network of respected, board-certified physicians and medical experts across numerous specialties. The process involves:

1. In-Depth Case Review: Our legal team and medical experts meticulously analyze all medical records, lab results, and imaging scans to identify potential errors.
2. Establishing the Standard of Care: Our experts define what should have happened in your specific medical situation.
3. Identifying the Breach: We pinpoint exactly how your provider’s care deviated from that standard.
4. Proving Causation: We draw a clear, undeniable line from the provider’s negligence to your injury or worsened condition.

In New York, a “Certificate of Merit” must be filed with the court, in which the attorney certifies that they have consulted with a medical expert who has concluded there is a reasonable basis for the malpractice claim. We handle this critical step with the utmost diligence.

Types of Medical Malpractice Cases We Litigate
Our firm has the depth of knowledge to handle a wide array of medical negligence claims, including:

• Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose: Cases where a timely and accurate diagnosis of a condition like cancer, stroke, or heart attack could have prevented catastrophic harm.
• Surgical Errors: Including operating on the wrong body part (wrong-site surgery), leaving surgical instruments inside a patient, causing nerve damage, or errors during anesthesia administration.
• Birth Injuries: Tragic cases resulting in lifelong conditions such as Cerebral Palsy, Erb’s Palsy, brachial plexus injuries, or brain damage due to oxygen deprivation during labor and delivery.
• Medication and Pharmaceutical Errors: Prescribed the wrong medication, administered the wrong dosage, or failed to recognize harmful drug interactions.
• Emergency Room Errors: Mistakes made in a fast-paced environment, such as failing to properly triage a patient, misinterpreting test results, or discharging a patient prematurely.
• Hospital and Nursing Negligence: Including failure to monitor a patient’s condition, development of preventable infections or bedsores, and patient falls.
• Radiology and Lab Errors: Misinterpretation of X-rays, CT scans, MRIs, or lab results leading to improper treatment.

Fighting for Full Compensation in a Malpractice Claim
The damages from medical malpractice are often permanent and profound. We fight for compensation to cover a lifetime of needs, including:

• Future Medical Care: Costs for corrective surgeries, ongoing treatments, medication, and rehabilitative therapy.
• Specialized Needs: Costs for assistive devices, home health aides, and modifications to your home or vehicle.
• Lost Income and Earning Capacity: If the injury prevents you from returning to work or limits your career potential.
• Profound Pain and Suffering: Compensation for the physical pain, emotional trauma, and loss of quality and enjoyment of life.

The statute of limitations for medical malpractice in New York is generally only two and a half years (30 months) from the date of the negligent act or the end of continuous treatment. It is imperative that you contact an experienced attorney as soon as you suspect malpractice. Let the Law Office of Bradley A. Sacks be your voice and your champion in this difficult fight.