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Your Rights When Medical Negligence Occurs

Medicine is a very specialized field. As patients, we have no choice but to trust our doctors, surgeons, nurses, and other healthcare providers to care for us properly when we're sick or injured and vulnerable. But what happens when a medical professional is careless or negligent? What recourse do you have if a medical provider entrusted to treat you injures you or makes you ill instead?

Medical MalpracticeTable of Contents

What Medical Malpractice Lawyers Need to Know

Attorneys dealing in medical malpractice should have considerable knowledge in two very complex areas – medicine and law. Our medical malpractice lawyers at MSL leverage more than a century of collective experience as we strive to obtain justice for our clients.

Our objective is to help you get the compensation you deserve for your pain, suffering, and other losses. If you are ready to consult a New York medical malpractice attorney about your case, contact our legal team today for a confidential, no-cost consultation.

Common Questions About Medical Malpractice Cases

Can I recover punitive damages in a medical malpractice case?

At the Law Offices of Michael S. Lamonsoff PLLC, we routinely receive questions concerning medical malpractice incidents and medical mistakes. Our legal team has compiled some information on some of the most common questions our clients ask on this topic. Unlike compensatory damages, which are intended to compensate the victim for losses, punitive damages are more akin to a fine. They serve as a form of punishment for the defendant, while benefiting the plaintiff.

Punitive damages are typically awarded in more extreme cases involving gross negligence, reckless, wanton, or malicious conduct. New York has a very high standard for punitive damages in medical malpractice claims.

Typically, when punitive damages are awarded, the medical professional’s actions are just short of criminal. As there are some cases in which punitive damages may be appropriate, it is important to consult with a medical malpractice attorney about your case.

What is Considered Medical Malpractice?

Attorneys dealing in medical malpractice encounter a wide range of situations and scenarios. In New York, medical malpractice is defined as a medical error that falls below the “accepted standard of care.” The error typically results in some form of harm, injury, disease, illness, or death.

  • A medical malpractice case may involve a physician’s failure to thoroughly review diagnostic test results, leading to misdiagnosis or failure to make the proper diagnosis. 
  • A dentist could make a careless mistake, such as extracting the wrong tooth. 
  • A malpractice case could involve a physician who makes the wrong diagnosis due to failure to perform appropriate blood work and diagnostic testing. 
  • New York law allows for medical malpractice lawsuits against nurses, dentists, medical technicians, physician’s assistants, anesthesiologists, physical therapists, and pharmacists, among others.
  • A nurse may fail to confirm a patient’s name and birthdate before giving the hospitalized patient medication, resulting in serious, adverse effects on the patient’s health.
  • An extreme case may involve a surgeon operating on the wrong body part, performing the wrong procedure, or accidentally leaving a tool or surgical sponge inside the body, causing serious health effects.
  • Other cases may be more subtle. Symptoms and effects can take months or even years to become apparent. In these cases, medical malpractice may only become known when another physician discovers or confirms evidence of the medical error.
  • Medical malpractice can also result in devastating birth injuries, with lifelong consequences for victims. An experienced birth injury attorney can work to help you recover compensation for the child’s pain and suffering, along with money to cover healthcare and other expenses that will be incurred as you work to help your child reach full potential.
  • A surgeon may fail to follow proper surgical protocol, leading to a mistake that causes infection and permanent disfigurement.
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Impact of medical malpractice on patients

As experienced medical malpractice and personal injury lawyers in NYC, we encounter many cases involving this precise scenario at the Law Offices of Michael S. Lamonsoff PLLC. The impact can be devastating, not only in terms of physical health and wellness, but also in terms of mental and emotional health. It is difficult to realize that a medical professional’s negligence has caused you harm. It can be even more challenging if you find yourself in a position where you must trust another physician to remedy the damage. We also handle cases in which medical malpractice has resulted in wrongful death.

Over $500 million in verdicts & settlements for our clients

His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.

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$1,000,000 Settlement in a Slp & Fall Accident
$1,000,000 Settlement in a Truck Accident
$1,000,000 Settlement in a Premises Liability Accident
$1,000,000 Settlement in a Slip & Fall Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Awarded in a Truck Accident
$1,000,000 Awarded in a Car Accident
$1,000,000 Settlement in a Car Accident
$1,000,000 Settlement in a Premises Liability Accident
$1,000,000 Settlement in a Construction Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Settlement in a Personal Injury Case
$1,000,000 Settlement in a Car Accident
$1,000,050 Verdict in a Car Accident Case
$1,000,050 Awarded in a Bus Accident Case
$1,000,180 Awarded in a Wrongful Death Case Involving an Infant
$11,000,000 Verdict Awarded to a Victim of a Bus Accident
$11,750,000 Awarded to a Victim of Wrongful Conviction
$12,000,000 Settlement in a Construction Accident Case
$12,157,000 Settlement in a Train Derailment Case
$1,245,000 Settlement in a Slip & Fall Accident
$1,245,000 Settlement in a Slip & Fall Accident
$1,250,000 Settlement in a Car Accident
$1,250,000 Settlement in a Ceiling Collapse
$1,250,000 Awarded in a Motorcycle Accident
$1,250,000 Awarded in a Car Accident
$1,275,000 Settlement in a Pedestrian Accident
$1,350,000 Settlement in a Pedestrian Accident
$1,375,000 Awarded in a Bicycle Accident
$1,400,000 Settlement in a Construction Accident
14,000,000 settlement at trial for injured worker
$1,450,000 Awarded in a Construction Accident
$1,495,000 Awarded in a Car Accident Case
$1,500,000 Settlement in a Construction Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Recovered in a Construction Accident
$1,500,000 Awarded in a Car Accident
$1,600,000 Awarded to a Victim in a Truck Accident
$16,000,000 Verdict Awarded to a Victim of Sexual Abuse
$1,637,500 Verdict in a Slip & Fall Accident
$1,650,000 Awarded in a Pedestrian Accident
$1,675,000 Awarded in a Car Accident
$1,700,000 Awarded to Victim of a Slip & Fall Accident Case
$1,750,000 Awarded in a Construction Accident
$1,750,000 Awarded in a Bicycle Accident
$1,785,000 Settlement in an Elevator Accident
$1,800,000 Awarded in a Car Accident
$1,950,000 Awarded in a Construction Accident
$2,000,000 Awarded to Victim of a Ceiling Collapse Case
$2,000,000 Settlement in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Settlement in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Truck Accident
$2,000,000 Obtained in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Bicycle Accident Case
$2,100,000 Settlement in a Construction Accident
$2,130,000 Settlement in a Truck Accident Case
$2,152,500 Settlement in a Car Accident
$2,200,000 Awarded in a Construction Accident
$2,350,000 Awarded in a Construction Accident
$2,400,000 Awarded in a Train Accident
$2,400,000 Settlement in a Construction Accident
$2,400,000 Settlement in a Car Accident
$2,400,000 Awarded in a Construction Accident
$2,500,000 Awarded in a Construction Accident
$2,500,000 Awarded to a Metal Worker in a Construction Accident
$2,500,000 Awarded in a Car Accident
$2,500,000 Awarded in a Construction Accident
$2,750,000 Awarded to a Victim of a Construction Accident
$2,750,000 Awarded to victim of a Car Accident Case
$2,785,668 Verdict for a Victim of a Pedestrian Accident
$2,800,000 Settlement in a Pedestrian Accident Case
$2,800,000 Settlement in a Construction Accident Case
$3,100,000 Awarded to a Car Accident Victim
$3,100,000 Awarded to a Worker in a Construction Accident
$3,200,000 Settlement for a Worker Injured in a Construction Accident
$3,500,000 Awarded to a Worker in a Construction Accident Case
$3,500,000 Awarded to victim of a Truck Accident Case
$37,000,000 Awarded in a Construction Accident Case
$3,710,000 Awarded to a Victim in a Shooting Incident
$3,750,000 Awarded in a Construction Accident Case
$4,000,000 Settlement for a Trip & Fall Accident
$4,000,000 Settlement in a case for a Truck Driver
$4,000,000 Settlement in a Construction Accident Case
$4,000,000 Awarded to Families of Flight 587 Victims
$4,010,000 Verdict Awarded to Victim in a Police Abuse Case
$4,100,000 Settlement in a Construction Accident Case
$4,500,000 Settlement in a Construction Accident Case
$4,602,312 Verdict Awarded to Client in a Car Accident
$4,750,000 Awarded to an Injured Construction Worker
$5,000,000 Awarded to a Laborer Injured on a Construction Site
$5,000,000 Settlement Awarded to a Victim of a Slip & Fall Injury
$5,500,000 Verdict Awarded to a Worker at a Construction Site
$5,750,000 Awarded to a Laborer Injured at a Construction Site
$6,500,000 Settlement in a Construction Accident Case
$7,000,000 Awarded in a Construction Accident Case
$9,000,000 Awarded to a Victim of Municipal Assault
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Contact our New York Medical Malpractice Law Firm Today

Medical malpractice can be devastating for the patient, both physically and psychologically. Some cases are even fatal. We take medical malpractice lawsuits seriously, as we fight for justice for our clients who have been harmed at the hands of a trusted medical professional. If you or your loved one has suffered an injury or wrongful death caused by medical malpractice, our trial lawyers at the Law Offices of Michael S. Lamonsoff PLLC are ready to assist you.

Contact our office for a FREE CONSULTATION any time. Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at 212-962-1020.
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