NYC Medical Malpractice Lawyer

Finding the right NYC medical malpractice lawyer is crucial when you or a loved one experiences harm due to medical negligence. At Kelner & Kelner, we understand the complexities of medical malpractice cases in New York City and are committed to helping victims seek justice and fair compensation.

Why Choose Kelner & Kelner for Your Medical Malpractice Case?

• Our legal team is comprised of 10 dedicated NYC medical malpractice lawyers with an impressive 75 years of actual practice, not just combined experience.
• We have a legacy spanning three generations since 1950, blending time-honored wisdom with cutting-edge legal strategies specifically tailored for medical malpractice cases.
• Our firm has successfully handled thousands of medical malpractice cases, resulting in billions in settlements for our injured clients.
• Kelner & Kelner, medical malpractice attorneys, have been consistently recognized for excellence with decades of Top Super Lawyers awards in the field of personal injury.
• We offer a personalized approach: Unlike high-volume firms, we assign a dedicated NYC medical malpractice lawyer to handle your case from start to finish personally.
• Our commitment to quality over quantity means we maintain a focused caseload, investing the necessary time, resources, and energy into each unique medical malpractice case.
• We operate on a "Pay Nothing Unless You Win" basis, ensuring our medical malpractice legal services are accessible to all who need them.
• Our reputation in New York's legal community is unparalleled: fellow NYC medical malpractice lawyers regularly entrust us with their most valued clients through referrals.
• We are conveniently located in the heart of New York City at 7 World Trade Center, making us easily accessible for medical malpractice victims across the metropolitan area.

What is Medical Malpractice in NYC?

Medical malpractice occurs when a healthcare provider's negligence leads to patient injury or death. In New York City, these cases can be particularly challenging due to the complex healthcare system and legal landscape. As experienced NYC medical malpractice lawyers, we at Kelner & Kelner navigate these intricacies to advocate for our clients effectively.

Medical Malpractice Cases We Take

As experienced NYC medical malpractice lawyers, Kelner & Kelner has successfully represented clients in a wide range of medical malpractice cases. Our deep understanding of medical procedures, healthcare regulations, and New York law allows us to effectively advocate for victims of various types of medical negligence. While every case is unique, here are some of the common types of medical malpractice cases we handle:

Failure to Diagnosis Lawyer

This occurs when a healthcare provider fails to identify a medical condition correctly or takes an unreasonable amount of time to do so. For example, a doctor might misinterpret symptoms of heart disease as indigestion, leading to delayed treatment and potential harm. In NYC, with its diverse population and wide range of medical conditions, accurate and timely diagnosis is crucial.

Surgical Error Lawyer

These can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to surrounding tissues. In a city known for its advanced medical facilities, surgical errors can still occur due to factors like miscommunication, fatigue, or inadequate preoperative planning.

Medication Mistake Lawyer

This encompasses errors in prescribing, administering, or monitoring medications. It could involve prescribing the wrong drug, incorrect dosage, or failing to account for harmful drug interactions. In NYC's fast-paced healthcare environment, these errors can have serious consequences, especially for patients with complex medical histories.

Birth Injury Lawyer

These are injuries that occur to the mother or child during pregnancy, labor, or delivery. Examples include failure to perform a timely C-section, improper use of forceps, or mismanagement of pregnancy complications. With numerous birthing centers and hospitals in NYC, ensuring proper care during this critical time is essential.

Anesthesia Error Lawyer

These can range from administering too much or too little anesthesia to failing to monitor the patient's vital signs during surgery. In NYC's many surgical centers, anesthesia errors can lead to severe complications, including brain damage or death.

Failure to Treat Lawyer

This occurs when a healthcare provider correctly diagnoses a condition but fails to recommend or implement appropriate treatment. For instance, a doctor might identify cancer but neglect to refer the patient to an oncologist or initiate treatment promptly. Failure to treat in a city with numerous specialists and treatment options can be particularly egregious.

Hospital-Acquired Infection Lawyer

These are infections that patients contract while receiving treatment for another condition in a hospital or healthcare facility. In NYC's large, busy hospitals, maintaining proper hygiene and infection control protocols is crucial to prevent the spreading of potentially life-threatening infections.

Each scenario requires a thorough understanding of medical and legal principles. Our team at Kelner & Kelner possesses the knowledge and resources to handle even the most complex medical malpractice cases in New York City. We work diligently to investigate each case, consult with medical experts, and build strong arguments to support our client's claims.

Financial Compensation You May Be Entitled To After a Medical Injury

As NYC medical malpractice lawyers, we at Kelner & Kelner work to ensure our clients receive fair compensation for their injuries and losses. Here are the types of damages you may be able to recover:

• Medical Bills: This covers all past and future medical costs related to treating the injury caused by medical malpractice, including hospital bills, surgeries, medications, and rehabilitation.
• Lost Wages and Earning Capacity: You may be compensated for wages lost due to recovery time and any reduction in your ability to earn income in the future.
• Pain and Suffering: This non-economic damage compensates you for the physical pain and emotional distress caused by the medical malpractice.
• Loss of Enjoyment of Life: If your injury has significantly impacted your ability to engage in activities you previously enjoyed, you may be entitled to compensation for this loss.
• Emotional Distress: You may be compensated for psychological trauma such as anxiety, depression, or post-traumatic stress disorder resulting from the malpractice.
• Loss of Consortium: This type of damage compensates your spouse or partner for the loss of companionship, affection, and support due to your injury.
• Punitive Damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
• Wrongful Death Damages: In fatal cases, the deceased's family may be entitled to compensation for funeral expenses, loss of financial support, and loss of parental guidance.

Each medical malpractice case is unique, and the types and compensation amounts can vary significantly. As your NYC medical malpractice attorney, Kelner & Kelner will thoroughly evaluate your case to pursue the full range of compensation you're entitled to under New York law.

How a NYC Medical Malpractice Lawyer Can Help

At Kelner & Kelner, we understand the complexities of medical malpractice cases in New York City. Our team of dedicated NYC medical malpractice lawyers is committed to guiding you through every step of the legal process. Here's how we can assist you:

Your NYC Medical Malpractice Lawyer will Evaluate Your Case

We provide a thorough, free initial consultation to assess the merits of your case. Our NYC medical malpractice attorneys will listen to your story, review available evidence, and provide an honest evaluation of your claim's potential.

Your NYC Medical Malpractice Lawyer will Conduct a Comprehensive Investigation

Our team conducts a comprehensive investigation into your case. We gather medical records, consult with medical professionals, and collect all necessary evidence to build a strong foundation for your claim.

Your NYC Medical Malpractice Lawyer will Develop a Tailored Legal Strategy

Based on our investigation and years of experience handling NYC medical malpractice cases, we develop a tailored legal strategy to maximize your success chances.

Your NYC Medical Malpractice Lawyer will Handle All Paperwork and Filing

We handle all the complex legal paperwork associated with your case, ensuring all documents are filed correctly and within New York's statute of limitations.

Your NYC Medical Malpractice Lawyer will Coordinate Expert Witnesses

Our network includes respected medical professionals who can provide expert testimony to support your case. We coordinate with these experts to strengthen your claim.

Your NYC Medical Malpractice Lawyer will Negotiate on Your Behalf

As your NYC medical malpractice lawyer, we negotiate skillfully with insurance companies and opposing counsel, aiming to secure a fair settlement without the need for a trial.

Your NYC Medical Malpractice Lawyer will Represent You at Trial

We are fully prepared to take your case to court if a fair settlement cannot be reached. Our experienced trial lawyers will present your case persuasively before a judge and jury.

Your NYC Medical Malpractice Lawyer will Provide Emotional Support

We understand the emotional toll of medical malpractice. We provide compassionate support throughout the process and keep you informed about your case's progress.

Your NYC Medical Malpractice Lawyer will Work to Maximize Your Compensation

Our in-depth understanding of NYC medical malpractice law allows us to identify all potential areas of compensation, ensuring we pursue the maximum amount you're entitled to.

Your NYC Medical Malpractice Lawyer will Handle Any Necessary Appeals

We have the skills and experience to handle appeals if necessary, continuing to fight for your rights even after an initial verdict.

As experienced NYC medical malpractice lawyers, Kelner & Kelner has successfully represented clients in a wide range of medical malpractice cases. Our deep understanding of medical procedures, healthcare regulations, and New York law allows us to advocate for victims of various types of medical negligence effectively. While every case is unique, here are some of the common types of medical malpractice cases we handle:

What To Do If You Suspect You're a Victim of Medical Malpractice

If you believe you or a loved one has been a victim of medical malpractice in New York City, taking prompt and appropriate action is crucial. As experienced NYC medical malpractice lawyers, we at Kelner & Kelner recommend the following steps:

• Prioritize Your Health: Seek immediate medical attention from a different healthcare provider to address any ongoing health issues and to document your condition.
• Document Everything: Keep detailed records of your symptoms, medical visits, conversations with healthcare providers, and any changes in your condition.
• Obtain Your Medical Records: Request copies of all relevant medical records, including test results, prescriptions, and treatment plans.
• Preserve Evidence: Keep all medications, medical devices, and other relevant items that may serve as evidence in your case.
• Avoid Discussing Your Case: Refrain from discussing your suspicions with the healthcare provider you believe committed malpractice, and avoid posting about your situation on social media.
• Contact a NYC Medical Malpractice Lawyer: Reach out to an experienced attorney who can evaluate your case and guide you through the legal process.
• Act Quickly: Be aware of the statute of limitations for medical malpractice cases in New York, which generally gives you 2.5 years from the date of the alleged malpractice to file a lawsuit.
• Keep a Journal: Document how the injury has affected your daily life, including pain levels, limitations on activities, and emotional impact.
• Follow Your New Doctor's Orders: Adhere to the treatment plan prescribed by your new healthcare provider to demonstrate that you're taking your health seriously.
• Gather Witness Information: If applicable, collect contact information for anyone who witnessed the alleged malpractice or its effects on you.

At Kelner & Kelner, we understand that suspecting medical malpractice can be overwhelming and confusing. As your NYC medical malpractice attorney, we're here to help you navigate this challenging time. We offer free initial consultations to discuss your case and explain your legal options.

What To Expect During Your Medical Malpractice Claim

At Kelner & Kelner, we believe in keeping our clients informed throughout the legal process. As experienced NYC medical malpractice lawyers, we want you to understand what to expect when pursuing a medical malpractice claim in New York City. Here's an overview of the typical process:

• Initial Consultation: Your journey begins with a free consultation with our NYC medical malpractice attorney. We'll discuss your case, answer your questions, and determine if you have a viable claim.
• Investigation: Our team will conduct a thorough investigation, gathering medical records, consulting with medical experts, and collecting evidence to support your claim.
• Filing the Claim: If we determine you have a strong case, we'll file a complaint on your behalf, officially initiating your lawsuit against the responsible parties.
• Discovery Phase: Both sides will exchange information and evidence. This may include depositions, where you and other relevant parties answer questions under oath.
• Negotiations: Your NYC medical malpractice lawyer will engage in settlement negotiations with the defendant's attorneys and insurance companies. Many cases are resolved at this stage.
• Mediation: If direct negotiations aren't successful, we may participate in mediation, where a neutral third party helps facilitate a settlement agreement.
• Trial Preparation: If a fair settlement can't be reached, we'll prepare your case for trial. This involves finalizing evidence, preparing witnesses, and developing trial strategies.
• Trial: During the trial, both sides will present their cases to a judge and jury. As your NYC medical malpractice attorney, we'll advocate vigorously on your behalf.
• Verdict and Potential Appeals: After the trial, the jury will reach a verdict. If necessary, we're prepared to handle any appeals process.
• Resolution: Once a settlement is reached or a favorable verdict is secured, we'll work to ensure you receive your compensation promptly.

Get Justice for Your Medical Malpractice Case Today

Don't let medical negligence define your future. At Kelner & Kelner, our experienced NYC medical malpractice lawyers are ready to fight for your rights and the compensation you deserve. Contact us now for a free consultation and take the first step towards justice.

NYC Medical Malpractice Lawyer FAQs

As experienced NYC medical malpractice lawyers, we at Kelner & Kelner often receive questions from potential clients about medical malpractice cases. Here are some frequently asked questions and our answers:

What is the difference between medical malpractice and a poor medical outcome?

Medical malpractice occurs when a healthcare provider's negligence leads to patient injury. A poor medical outcome, however, can happen even with proper care. The key difference is whether the provider deviated from the accepted standard of care.

How long do I have to file a medical malpractice lawsuit in NYC?

In New York, the statute of limitations for medical malpractice is generally 2.5 years from the date of the alleged malpractice. However, there are exceptions, such as in cases involving foreign objects left in the body or when the victim is a minor.

What is the "certificate of merit" in NYC medical malpractice lawsuits?

In New York, your NYC personal injury lawyer must file a certificate of merit with your lawsuit. This document certifies that the personal injury attorney has consulted with a medical professional who believes there is a reasonable basis for the case.

Can I sue a hospital for medical malpractice in NYC?

Yes, hospitals can be held liable for medical malpractice in certain circumstances, such as when the negligent healthcare provider is an employee or when the hospital's policies or procedures contributed to the malpractice.

What is "informed consent" in medical malpractice cases?

Informed consent means that a healthcare provider must inform a patient of the potential risks, benefits, and alternatives of a medical procedure before the patient agrees to it. Failure to obtain proper informed consent can be grounds for a medical malpractice claim.

How are medical malpractice settlements typically structured in NYC?

Settlements can be structured as lump sum payments or as structured settlements with payments over time. The structure often depends on the case's specifics and the injured party's needs.

What role do medical expert witnesses play in NYC medical malpractice cases?

Medical expert witnesses are crucial in establishing the standard of care and how it was breached. They help explain complex medical issues to the jury and provide professional opinions on whether malpractice occurred.

Can I file a medical malpractice claim if I signed a consent form?

Yes, you can still file a claim even if you signed a consent form. These forms do not protect healthcare providers from liability for negligence or substandard care.

How does New York's comparative negligence law affect medical malpractice cases?

New York follows a pure comparative negligence rule. This means that even if you were partially at fault (for example, by not following post-treatment instructions), you can still recover damages, but your percentage of fault may reduce your award.

What is a "never event" in medical malpractice?

"Never events" are serious, preventable medical errors that should never occur, such as wrong-site surgery or leaving surgical instruments inside a patient. These events often lead to clear-cut medical malpractice cases.