What is "Medical Malpractice"?

Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice are too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.

What must be shown to prevail in a medical malpractice case?

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: The health care provider owed a duty to the patient The health care provider breached that duty The patient suffered an injury The patient's injury was a proximate cause of the health care provider's breach A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (e.g. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

What is the first step in pursuing a medical malpractice claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

Have I waived my rights because I signed a consent form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgment of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

I've heard that lawsuits take a long time. Is that true with malpractice cases?

Malpractice cases don't necessarily take any longer than other cases, but doctors, hospitals, and insurance companies often try to drag them out. Malpractice claims are often delayed because the doctor or hospital knows they will ultimately have to pay. In other words, they know that they made a horrible mistake. We work hard to prevent these delays.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

It's taken me several months to work up the nerve to do anything about my situation. Am I running out of time to file a lawsuit against my doctor?

Statutes of limitations govern the length of time one has to file a lawsuit or be forever barred from pursuing such claim. Each state has different statute of limitation periods which apply to personal injury cases under various circumstances. In some cases, the statute of limitations may be as short as one year, while under different circumstances, it may be eight years or more. Many factors bear upon when the applicable statute of limitations period expires including the age of the plaintiff, the type of personal injury claim, the particular facts giving rise to the injury, and others. One must make absolute certain that they are aware of when their statute of limitations period expires, or risk jeopardizing their legal rights. An experienced personal injury lawyer can be of assistance in this regard.

Nothing serious has happened to me yet, but I'm beginning to question my doctor's care. What can I do to prevent malpractice?

The best advice we can give to you is to listen to your body. If your doctor tells you that you're fine, but you don't feel fine, make another appointment. As you are listening to your body, educate yourself on what's happening. Use the library and the Internet to find out about your symptoms and what tests are usually run for them. Have your doctor write everything down for you. If your doctor denies you a particular test or a referral to a specialist, have the doctor explain in writing the reason for the denial. If the doctor won't write it down, you should seek counsel by a qualified attorney.

James J. Peters VA Medical Center Hospital Negligence Attorneys

The Medical Malpractice and hospital negligence lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP, have successfully handled medical malpractice cases for patients injured by medical negligence in Hospitals and other medical facilities for over 80 years. Our New York Medical Malpractice Lawyers have won millions in compensation for clients injured by medically negligent doctors, nurses and hospitals.

Located at 130 West Kingsbridge Road in New York City's Bronx section, the James J. Peters VA Medical Center is the oldest veteran's hospital in Manhattan. For 75 years, it's been proudly serving veterans living in all five NYC boroughs. It has extended its services by opening several community-based outpatient facilities including the Queens Community Clinic (the Thomas P. Noonan VA Community Clinic), the White Plains Community Clinic and the Yonkers Community Clinic.

The James J. Peters VAMC offers primary care, tertiary care and long-term care in such fields as surgery, physical medicine and rehabilitation, psychiatry, general medicine, neurology, oncology, geriatrics and dentistry. A teaching hospital, James J. Peters VAMC is classified as a Clinical Referral Level I Facility, a part of VA Network Three. It currently supports "311 authorized hospital beds and 120 nursing home beds."

Originally called the Bronx VA Medical Center, the facility was officially renamed back in 2004 for James J. Peters, an accomplished advocate for veterans who spent 30 years running the Eastern Paralyzed Veterans Association (now known as the United Spinal Association). At present, the Department of Defense (DOD) frequently sends new spinal cord injury (SCI) patients to this facility.

Yet despite its many noteworthy services, medical malpractice can still occur at James J. Peters VA Medical Center Hospital. If you've suffered serious injuries or medical negligence at the hands of one of the center's doctors or nurses, you need the help of a highly experienced New York City medical malpractice law firm. The attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP, have the proven experience you need. We can pursue your legal remedies while you obtain additional medical care and handle other matters.

Rosenberg, Minc, Falkoff & Wolff, LLP attorneys understand the special concerns of former military patients -- we know how to advocate on your behalf with the government. We can help you obtain the financial compensation you deserve for all of your pain and suffering.

Since it's often helpful to obtain competent legal advice during the early stages of medical malpractice cases, we encourage you to contact us soon. We'll immediately schedule your appointment with one of our Rosenberg, Minc, Falkoff & Wolff, LLP, lawyers who will provide you with a free evaluation of your case. You can reach us by phone at 212-344-1000or email us.

Where do I start… As a client of a malpractice case, I did not know what to expect. However, the support from Rosenberg, Minc, Falkoff & Wolff Law firm made me feel at ease. The dedication, compassion, and overwhelming hard work that Gary Silverstein put in was undeniably AMAZING. Seeing how hard and diligent Gary worked on my case made me realize that I had the best team on my side. The support from the entire legal team was unbelievable. There were continuous updates, follow-ups, most importantly assurance of any concerns I had before and during my trial. In fact, during the trial Gary showed a vast form of knowledge, strategic and responsive thinking, and most importantly wisdom. His dedication was unbelievable, and not one time did I not feel involved. I am truly appreciative for all that Rosenberg, Minc, Falkoff & Wolff Law have done, but mostly I am appreciative of the amazing staff they have. Lorraine and Sharon played a big part in my case, and I am truly thankful for their support and hard work. I am truly happy to have been a client of Rosenberg, Minc, Falkoff & Wolff Law. I highly recommend them and will continuously refer them, Thank you RMFW!