Brooklyn Medical Malpractice Lawyer

When you trust a doctor or hospital with your health, you expect them to provide competent care. Unfortunately, medical errors happen. When they do, the consequences can be serious. If you or a loved one suffered an injury due to medical negligence in Brooklyn, a medical malpractice lawyer from Parker Waichman LLP can help you pursue the compensation you deserve. We understand the physical, emotional, and financial toll that medical mistakes take on patients and their families. Our team works on a contingency fee basis. You pay nothing upfront. We only get paid if you recover compensation.

Why Choose Parker Waichman LLP for Your Medical Malpractice Case

Parker Waichman LLP brings decades of experience handling complex medical malpractice cases throughout Brooklyn and New York. Our founding partners have more than 40 years of combined experience in personal injury and medical negligence litigation. We’ve recovered over $2 billion for clients across all practice areas, including significant settlements in medical malpractice cases.

What sets us apart is our deep understanding of both medical standards and legal requirements. Our attorneys work closely with medical experts to build strong cases. We hold healthcare providers accountable through thorough investigation and skilled representation. We maintain a local office in Brooklyn at 300 Cadman Plaza West. This allows us to serve our community directly and understand the specific needs of Brooklyn residents.

We handle every aspect of your case with care and dedication. From investigating your claim to negotiating with insurance companies to representing you in court if necessary, we work toward the best possible outcome. You don’t pay any upfront costs. We work on contingency. Our success depends on your success.

What Constitutes Medical Malpractice in New York

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected of a reasonably competent professional in similar circumstances. This failure must result in injury to the patient.

To prove medical malpractice in New York, four legal elements must be established:

• Duty of Care: The healthcare provider had a professional duty to care for you.
• Breach of Duty: The provider failed to meet the standard of care through negligent action or inaction.
• Causation: The breach directly caused your injury.
• Damages: You suffered measurable harm—physical, emotional, or financial.

New York generally allows 2.5 years from the date of the medical treatment or act that caused the injury to file a claim. However, critical exceptions exist. If a foreign object was left in your body, you have 1 year from discovery to file. Under ‘Lavern’s Law,’ if you suffered a failure to diagnose cancer, the clock starts when you discover the error, giving you up to 7 years from the misdiagnosis to file. While minors have extended timelines (tolled until age 18), a 10-year absolute cap applies to these tolling provisions. It is vital to consult an attorney immediately to calculate your specific deadline.

Minors have extended timelines. The statute of limitations is tolled (paused) until age 18. Then it runs for 2.5 years. This means the deadline is typically age 20 years and 6 months. However, the 10-year absolute cap applies regardless of the minor’s age.

One significant advantage for medical malpractice victims in New York is that there is no cap on damages. Unlike some states that limit compensation, New York allows you to recover the full amount of your losses. This includes pain and suffering.

Common Types of Medical Malpractice Cases

Medical errors can occur in many different ways. Some of the most common types of medical malpractice cases we handle include:

• Surgical Errors: Mistakes made during surgery, such as operating on the wrong site, leaving instruments inside the body, or damaging nearby organs.
• Failure to Diagnose or Delayed Diagnosis: A doctor fails to identify a condition or delays diagnosis, allowing the condition to worsen.
• Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to check for dangerous drug interactions.
• Anesthesia Errors: Improper administration of anesthesia or failure to monitor a patient during surgery.
• Birth Injuries: Negligence during pregnancy, labor, or delivery that harms the mother or baby.
• Hospital-Acquired Infections: Infections that develop due to unsanitary conditions or improper care.
• Misreading Test Results: Failure to properly interpret X-rays, lab results, or imaging studies, leading to missed diagnoses.

Each type of case presents unique challenges. We have the experience to address them effectively. Contact us to discuss your specific situation.

How Medical Malpractice Cases Work

Investigation and Evidence Gathering

The first step in pursuing a medical malpractice claim is a thorough investigation. We obtain and review your complete medical records. We identify where the standard of care was breached. We work with qualified medical experts who review your case. They provide documentation confirming that the healthcare provider’s actions fell below the accepted standard of care.

In New York, a certificate of merit is required before you can file a lawsuit. Your attorney must certify that they have reviewed your medical records. They must consult with a qualified medical expert. That expert must believe there is a reasonable basis for your claim. This requirement helps prevent frivolous lawsuits. It’s why experienced legal representation is essential.

Settlement vs. Trial

Most medical malpractice cases settle before trial. Once we’ve established a strong case with expert support, we negotiate with the defendant’s insurance company. We work toward reaching a fair settlement. Settlement offers several advantages: it’s faster, less stressful, and provides certainty about the outcome.

However, if the insurance company refuses to offer adequate compensation, we’re prepared to take your case to trial. Our attorneys have extensive trial experience. We will represent your interests in front of a judge and jury. The compensation you may receive includes medical bills (past and future), lost wages, pain and suffering, and costs for ongoing care or rehabilitation.

Medical Malpractice Compensation in Brooklyn

When you win a medical malpractice case, compensation typically falls into three categories:

Economic Damages cover your concrete financial losses: past and future medical expenses, lost income from time away from work, and costs for ongoing treatment or rehabilitation.

Non-Economic Damages compensate you for intangible losses: pain and suffering, emotional distress, loss of quality of life, and loss of enjoyment of activities you once enjoyed.

Punitive Damages are rare. They are only awarded in cases where the healthcare provider’s conduct was particularly egregious or reckless. These damages are meant to punish the defendant and deter similar conduct in the future.

Because New York has no damages cap, you can recover the full amount of your losses. We’ve secured significant settlements for our clients. One case resulted in a $5 million settlement. It involved surgical complications that required prolonged hospitalization and multiple interventions.

Frequently Asked Questions

How long do I have to file a medical malpractice claim in Brooklyn?

New York allows 2.5 years from the date of the medical treatment or act that caused the injury to file a claim. For minors, the statute of limitations is tolled until age 18, then runs for 2.5 years. This means the deadline is typically age 20 years and 6 months. However, there is a 10-year absolute cap. No action can be brought more than 10 years after the malpractice occurred, regardless of the claimant’s age. If a foreign object was left in your body, you have 1 year from discovery to file. It’s important to act quickly. Evidence can be lost, and memories fade over time.

What is the standard of care in medical malpractice cases?

The standard of care is what a reasonably competent healthcare provider would do under similar circumstances. It’s not about whether the outcome was bad. It’s about whether the provider’s actions met the professional standard expected in their field. Expert testimony is crucial in establishing what the standard of care was and whether it was breached.

Do I need an expert witness for my medical malpractice case?

Yes. New York requires a certificate of merit before you can file suit. Your attorney must certify that they have reviewed your medical records. They must consult with a qualified medical expert. That expert must believe there is a reasonable basis for your claim. We work with a network of respected medical experts who can provide this critical support.

How much does it cost to hire a medical malpractice lawyer?

Parker Waichman LLP works on a contingency fee basis. You pay no upfront costs. We only collect a fee if you recover compensation. This arrangement aligns our interests with yours. We’re motivated to get you the maximum recovery possible.

What if the hospital or doctor has insurance?

Most healthcare providers carry malpractice insurance. We handle all negotiations with the insurance company on your behalf. Insurance companies have experienced adjusters and attorneys. This is why having skilled legal representation is essential. You need an advocate to help you receive fair compensation.

Can I sue for a misdiagnosis?

Yes, if the misdiagnosis caused you injury. A competent doctor would have diagnosed the condition correctly under the same circumstances. Misdiagnosis cases can be complex. We must show that another physician would have reached the correct diagnosis. We must also show that the delay or error caused harm.

How long does a medical malpractice case take?

The timeline varies significantly depending on case complexity, the willingness of the defendant to settle, and whether the case goes to trial. Some cases settle within months. Others may take several years. We keep you informed throughout the process. We work efficiently to resolve your case.

Contact Parker Waichman LLP for a Free Consultation

If you’ve been injured due to medical negligence in Brooklyn, don’t wait. Call Parker Waichman LLP at (718) 554-8055 for a free, confidential consultation. Our team will listen to your story. We’ll answer your questions. We’ll explain your legal options with no obligation.

We serve Brooklyn and the surrounding areas from our local office. We’re ready to represent your interests. Medical mistakes can change your life. You don’t have to face the aftermath alone. Let our experienced medical malpractice lawyers help you hold negligent healthcare providers accountable. Schedule a free consultation today.

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