Frequently, cases involving defective drugs and dangerous products raise issues of medical negligence and malpractice.  Bernstein Liebhard typically works with co-counsel in cases that involve potential medical malpractice claims to identify potential negligence and work with clients to determine whether they want to pursue claims against their treating doctors.

Medical malpractice is defined as the failure to provide professional medical services with the skill usually exhibited by responsible and careful members of the medical profession, resulting in injury, loss, or damage to the person contracting those services.

In the U.S., medical malpractice is considered an epidemic that continues to spread. Here are some U.S. medical malpractice statistics:

  • Every year there are more deaths as a result of medical malpractice than AIDS, breast cancer, and auto accidents combined.
  • Every year over 1.3 million people are injured due to medical malpractice.
  • Every year up to 180,000 hospital patients die from medical malpractice.

Medical Malpractice in New York

Every year, thousands of people in New York are injured as a result of medical malpractice. In fact, a 1990 Harvard study estimated that more than 3% of the people hospitalized in New York suffer some form of medical malpractice which results in serious injury. Many of these patients file medical malpractice claims seeking compensation for their injuries.

In order to win a medical malpractice claim in New York, a medical malpractice victim must prove his or her injuries occurred as a result of the following factors:

1) A medical professional responsible for the injured patient’s care deviated from the standard of care. In other words, a medical professional was negligent 2) The negligence substantially caused and/or contributed to the injuries 3) The injuries are permanent, significant, lessen the victim’s quality of life, limit the victim’s ability to work and earn a living, and cause long-term pain and suffering

Each of these conditions must be proven by an expert physician who has either treated the medical malpractice victim and can confirm each aspect of the case, or by an expert who has reviewed the medical records and can confirm each element of the medical malpractice claim.

New York Medical Malpractice Attorneys

If you or a loved one were injured by medical malpractice in New York, you should contact our attorneys immediately because you generally only have 2 ½ years from the date of the malpractice incident within which to file a medical malpractice claim. Contact us today for a free and confidential case review.

Published November 17, 2011 by