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When you go to the hospital, you trust the doctors with your health and wellbeing. The unfortunate fact is that the trust we place in medical professionals is not always rewarded. Data shows that hospital negligence is an alarmingly common phenomenon in the US Medical errors result in more than 250,000 deaths every year – making it the third leading cause of death in the country. 

In New York, black letter law serves as a solid foundation for legal arguments and decisions in hospital negligence cases. It provides a clear and straightforward answer to legal questions based on existing legal authorities. Judges often rely on black letter law to guide their decisions. The legal team at the Law Offices of Michael S. Lamonsoff in New York will use the black letter law to support their arguments in court and maximize your compensation in a hospital negligence injury case.

If you are a victim of hospital negligence, you could be entitled to financial damages. The proven and capable New York City hospital negligence lawyers at the Law Offices of Michael S. Lamonsoff can review your case, determine who can be held liable, and fight tirelessly to recover the largest possible compensation from them. Contact us today to discuss your claim with one of our top-rated New York hospital negligence lawyers. 

What Constitutes Hospital Negligence in New York? 

Hospital negligence occurs when a hospital, healthcare facility, or a healthcare provider associated with a facility fails to meet the appropriate standard of care and a patient is injured as a result. 

Typical causes of hospital negligence in New York include: (a) Negligent hiring practices; allowing unqualified, under-qualified, or improperly trained medical professionals to treat patients; (c) Understaffing; (d) Lack of supervision; and (e) Failure to provide the necessary equipment and infrastructure needed to treat patients. 

Hospitals in New York can also be held liable for the negligence of doctors, nurses, nursing aides, and other staff who are under its employment. Common examples include:

  • Delayed diagnosis
  • Misdiagnosis
  • Anesthesia related errors
  • Surgical errors
  • Medication errors
  • Failure to get informed consent from the patient before treating them
  • Lack of appropriate follow-up care
  • Birth injuries
  • Hospital acquired infections due to inadequate sanitation or infection control procedures
  • Nursing negligence
  • Failing to report a patient’s symptoms or health condition to physicians 
  • Emergency room errors 

Depending on the circumstances of your hospital negligence case, several parties could be held liable for your injuries and other losses. These include: doctors, surgeons, anesthesiologists, consulting physicians, and other medical professionals; nurses, nursing aides, lab technicians, ER staff, administrative staff, and other people employed at the hospital; and/or medical equipment manufacturers.

The Law Offices of Michael S. Lamonsoff

Hospital Negligence Injury Laws in New York

In New York, hospital negligence injury laws are governed by medical malpractice laws, which allow patients who have suffered injuries or harm due to medical negligence to seek compensation for their damages. Hospital negligence occurs when a healthcare provider, such as a doctor, nurse, or hospital staff, fails to provide the standard of care expected in a similar situation, resulting in harm to the patient.

Key points related to hospital negligence injury laws in New York include:

Statute of Limitations 

There is a statute of limitations in New York that limits the time within which a medical malpractice lawsuit can be filed. Generally, the patient must initiate legal action within two and a half years from the date of the alleged negligence or from when the patient discovered or reasonably should have discovered the injury.

Certificate of Merit 

In New York, before filing a medical malpractice lawsuit, the injured party or their attorney must obtain a certificate of merit from a qualified medical expert. This certificate affirms that there is a reasonable basis to believe that the healthcare provider deviated from the accepted standard of care, leading to the injury.

Expert Witness Testimony 

Expert witnesses play a crucial role in medical malpractice cases. Their testimony is essential to establish the standard of care, demonstrate the deviation from that standard, and prove that the negligence caused the patient's injuries.

No Cap on Compensatory Damages 

New York does not have statutory caps on compensatory damages in medical malpractice cases. This means that injured patients can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and other losses, without a specific monetary limit.

Comparative Negligence 

New York follows a pure comparative negligence rule. This means that even if the injured patient is partially responsible for their own injuries, they can still recover damages. With that said, the amount of compensation will be reduced proportionally based on the patient's percentage of fault.

Hospital negligence cases can be complex and challenging, requiring legal representation from skilled and resourceful attorneys specializing in this area of law. If you believe you or a loved one has suffered harm due to hospital negligence in New York, our leading NYC attorney Michael S. Lamonsoff “The Bull,” and our team of New York hospital negligence lawyers will leave no stone unturned to prove liability of all the negligent parties and achieve the largest possible damages for you. 

The Law Offices of Michael S. Lamonsoff

Types of Evidence We Will Collect to Prove Hospital Negligence in New York

To prove that you were injured due to hospital negligence in New York, gathering and presenting strong evidence is vital. As soon as you sign up with us, our New York City hospital negligence lawyers and our investigative team will immediately move to collect the following types of evidence supporting your claim:

  • Medical Records: Comprehensive medical records are essential to demonstrate the treatment you received, the medical condition you were being treated for, and any subsequent complications. These records can help establish a timeline of events and potential points of negligence.
  • Surveillance Footage: In some cases, surveillance cameras in hospitals may capture relevant events or actions that can support your claim. We will act fast to preserve and secure this evidence before it disappears.
  • Witness Testimony: Statements from witnesses who observed the medical treatment or were present during your hospital stay can corroborate your version of events and help establish negligence.
  • Photographs and Visual Evidence: If applicable, photographs of your injuries, the hospital environment, or any relevant medical equipment can provide visual evidence supporting your claim.
  • Incident Reports: If the hospital has incident reports or documentation related to your injury or medical treatment, obtaining these reports can be critical in understanding the circumstances surrounding the incident.
  • Expert Medical Opinions: Expert witnesses, such as medical professionals in the same field as the defendant, can provide opinions on the standard of care that should have been provided and whether the hospital or medical staff deviated from that standard, leading to your injuries.
  • Second Medical Opinion: Obtaining a second opinion from another healthcare provider can help confirm the extent of your injuries and whether the initial treatment was appropriate.
  • Hospital Policies and Procedures: Reviewing the hospital's policies and procedures can help identify any potential deviations from standard practices that may have contributed to your injuries.
  • Communication Records: Documentation of communication between you and the hospital staff, such as emails or recorded phone calls, can provide valuable insights into how your concerns were addressed or mishandled.
  • Financial Records: Keeping track of medical expenses, lost wages, and other financial losses related to your injury can help quantify the damages you have suffered.
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