When patient injury or death results from a medical professional’s actions or omissions, it’s called medical malpractice. With a deep understanding of medicine, our New York medical malpractice attorneys and legal team knows what it takes to win these lengthy and complex cases, and we won’t rest until you and your loved ones have been fully compensated for any damages.
To file a medical malpractice lawsuit, your injury, or the death of your loved one, must have been due to the negligence of a medical professional.
To win this type of case, your New York medical malpractice lawyer must be able to prove that:
1. A patient/Doctor relationship existed;
2. The Doctor behaved in a negligent manner or deviated from the standard of care; and
3. The Patient's injuries or death was caused by the Doctor's negligence.
Medical Malpractice damages that can be recovered include:
Lost Wages and Earning Capacity
Pain and Suffering
Loss of Consortium
During your case evaluation, Gonzalez & Kochmann will provide you with personalized guidance regarding the damages you are able to recover.
After losing a loved one due to the negligence of someone else, you may face substantial financial difficulties, as well as emotional trauma. Our legal team at Gonzalez & Kochmann is deeply understanding of your situation. Our Attorneys are dedicated to helping you recover compensation that can lessen the financial burden and help you move forward as you recover from your loss.
In a wrongful death lawsuit, you may also recover monetary damages on behalf of the loved one who has died. This can include damages such as:
The personal injuries of your loved one who has died;
The decedent’s conscious pain and suffering;
The decedent’s loss of enjoyment of life that he or she experienced before death as a result of the wrongful act (negligence); and
The decedent’s awareness of impending death.
In New York, the statute of limitations period which applies to wrongful death cases is two years from the date of death. In some circumstances, the statute of limitations may be shorter.
Medical Providers should be fully prepared and qualified to handle medical situations. Accurate and timely diagnoses are vital to the life and health of a patient. Any deviation from the medical standard of care can have devastating effects including injury and death. In addition, being diagnosed with the wrong disease can lead to the pain and suffering of undergoing unnecessary medical procedures, the effects of taking the wrong medication, and the potential progression of undetected diseases.
There are several circumstances in which a hospital may be found liable for negligence and/or medical malpractice when it comes to the provision of medical care to patients. If someone is an employee of a hospital, the hospital is typically responsible if that employee hurts a patient by acting incompetently (negligently). Typically, nurses, medical technicians, and support staff are hospital employees. As long as the employee was doing something job-related when he or she caused an injury to a patient, the patient may be able to sue the hospital for resulting damages.
The kind of proof the plaintiff needs depends on whether the negligence involved an issue of professional health care, or if it involved a simpler matter. If the case involves the exercise of professional health care, for example a nurse administering medication, then the case will be treated as a medical malpractice case. If the case involves non-medical negligence of an employee, for example not putting out warning signs when a floor is wet, then standard negligence rules will apply.