At Winkler Kurtz, LLP, we strive for more than just winning a case. Our clients are considered part of the family, and we treat each one with the utmost level of respect and dedication they deserve. When our clients come to us for help, they are facing some of the most challenging times in their lives. We never underestimate the level of pain and suffering each situation can bring. Our exceptional team provides quality services that are unique to each individual’s needs to ensure you are educated and supported throughout the entirety of the legal process.
Our attorneys at Winkler Kurtz, LLP are experts in handling cases in the areas of personal injury, family law, elder law, wills and trusts, and real estate. These cases cover some of the most emotionally draining and sensitive topics for individuals and families. We know the consequences of an injury or traumatic loss can have global implications on your life, and we take extreme pride in taking on the responsibility of helping you achieve the most favorable outcome possible.
Whether you’ve suffered a work injury, are planning for the loss of a loved one, or looking to buy or sell your home, our team possesses the necessary resources and knowledge to secure a favorable outcome for your case and exceed your expectations around every turn.
What Does A Medical Malpractice Attorney Do?
A medical malpractice lawyer is a legal professional who specializes in representing clients who have been harmed by medical malpractice. Some of the key responsibilities of a medical malpractice lawyer include:
Evaluating the case: The lawyer will review the medical records, talk to the client, and consult with medical experts to determine whether the case has merit.
Building the case: The lawyer will gather evidence to support the case, such as medical records, witness statements, and expert testimony.
Negotiating with insurance companies: The lawyer will work with insurance companies and other parties to negotiate a settlement or a favorable verdict for the client.
Representing the client in court: If the case goes to trial, the lawyer will represent the client in court, presenting evidence, making arguments, and cross-examining witnesses.
Providing legal advice: The lawyer will advise the client on their legal options and help them make informed decisions about the case.
Handling paperwork and deadlines: The lawyer will handle the paperwork and ensure that all deadlines are met, such as filing the lawsuit within the statute of limitations.
Overall, the medical malpractice lawyer’s primary goal is to protect the rights and interests of their client and seek compensation for medical malpractice. At Winkler Kurtz, we strive to hold medical professionals accountable when they have harmed or wronged a patient.
Frequently Asked Questions
In New York State, the statute of limitations for filing medical malpractice claims is generally 2 1/2 years from the date of the alleged malpractice, or from the end of continuous treatment for the same condition that gave rise to the malpractice. However, there are some exceptions to this rule, such as for cases involving foreign objects left inside a patient during surgery, or cases involving minors. It’s important to consult with a qualified attorney to determine the specific statute of limitations that applies to your case.
In order to win a medical malpractice case in New York, the plaintiff must prove four elements:
- Duty: The healthcare professional had a duty to provide care to the patient.
- Breach: The healthcare professional breached that duty by failing to provide care that meets the accepted standard of care in the medical community.
- Causation: The breach of duty caused the patient’s injuries.
- Damages: The patient suffered damages as a result of the breach of duty and resulting injuries, such as medical expenses, lost wages, pain and suffering, and other losses.
All four of these elements must be proven in order to establish a medical malpractice claim in New York.
Medical malpractice in New York is defined as a healthcare professional’s failure to provide care that meets the accepted standard of care in the medical community, resulting in injury or harm to the patient. Examples of medical malpractice may include:
- Misdiagnosis or delayed diagnosis of a medical condition
- Surgical errors, such as performing the wrong procedure or leaving foreign objects inside the patient’s body
- Anesthesia errors, such as administering the wrong dose or failing to monitor the patient’s vital signs during the procedure
- Medication errors, such as prescribing the wrong medication or dosage, or failing to recognize potential adverse reactions
- Failure to obtain informed consent before a medical procedure
- Failure to properly monitor a patient’s condition during treatment
- Failure to properly communicate with the patient regarding their condition or treatment options
These are just a few examples of actions or omissions that could constitute medical malpractice in New York. Ultimately, whether an act or omission constitutes medical malpractice will depend on the specific facts of the case and the accepted standard of care in the medical community.
Medical malpractice cases are typically evaluated for financial worth based on a number of factors. These factors may include:
The severity of the injuries: The more serious and long-lasting the injuries, the higher the potential value of the case.
The cost of medical treatment: The cost of medical treatment related to the malpractice, both past and future, is a key factor in evaluating the value of the case.
Lost income: If the patient was unable to work due to the injuries, or if their ability to earn income in the future is impacted, this may be factored into the case evaluation.
Pain and suffering: Compensation for pain and suffering resulting from the malpractice may also be considered in the evaluation.
Other damages: Other damages that may be considered include loss of enjoyment of life, emotional distress, and loss of consortium.
In addition to these factors, the specifics of the malpractice case, including the nature of the malpractice, the strength of the evidence, and the parties involved, may also impact the financial worth of the case. Ultimately, an experienced attorney can provide a more detailed evaluation of the potential financial worth of a medical malpractice case based on the specific circumstances of the case.
If you win a medical malpractice lawsuit, you may receive compensation for a variety of damages, which may include:
Medical expenses: This includes past and future medical expenses related to the malpractice, such as hospitalization, surgery, medications, and rehabilitation.
Lost income: If you were unable to work due to the injuries, you may be entitled to compensation for lost income and earning capacity.
Pain and suffering: You may be entitled to compensation for physical pain and emotional distress resulting from the malpractice.
Loss of enjoyment of life: If your ability to enjoy your life has been impacted by the malpractice, you may be entitled to compensation.
Punitive damages: In some cases, punitive damages may be awarded in order to punish the healthcare provider for particularly egregious behavior.
The specific damages that you may be entitled to depend on the details of your case, the severity of your injuries, and the evidence presented in court. It’s important to consult with an experienced medical malpractice attorney to understand your legal options and potential compensation in your case.
Expert Long Island Medical Malpractice Attorney
Are you or a loved one suffering from injuries sustained due to medical malpractice? The trusted team at Winkler Kurtz, LLP is here to fight for patients who have been injured by a doctor’s negligence. As patients, we put our trust in medical professionals. In turn, medical professionals owe their patients the highest standard of care. However, errors committed by doctors and other healthcare providers can cause severe, life-changing injuries and conditions that require on-going, costly medical care. When this occurs, you’ll want to reach out to our Long Island Medical Malpractice Lawyer.
Medical malpractice involves cases where a doctor or other medical professional breaches their duty of care in a way that results in an injury to a patient. In New York, doctors owe three separate duties of care to patients:
- The duty to possess the requisite knowledge and skill that is possessed by the average member of the medical profession;
- The duty to exercise reasonable care and diligence when using his or her professional knowledge and skill; and
- The duty to use his or her best judgment in the application of this knowledge and skill.
If a physician breaches one or more of these duties, resulting in an injury, then he or she may be sued for medical malpractice by a skilled medical malpractice attorneys on Long Island.
While the United States is known for its advanced medical treatments, medical malpractice is still all too common. In 2016, patient safety experts from Johns Hopkins published a study that concluded that 250,000 deaths in the United States per year are due to medical error. This would place medical error as the third leading cause of death in our country.
If you have been harmed due to medical malpractice, Winkler Kurtz, LLP can help. Since 1987, our team of dedicated legal professionals has worked to help victims of all types of accidents, including medical negligence. Call us today at 631-928-8000 or contact us online to schedule an initial consultation with an experienced Long Island medical malpractice attorney.
Birth Injuries
The joys of pregnancy often come with certain risks, particularly during childbirth. According to a report from the Agency for Healthcare Research and Quality, nearly 157,700 birth injuries to mothers and babies occurred during childbirth in 2006. For babies, this resulted in a rate of 1.7 injuries per 1,000 births for newborn males, and 1.6 injuries per 1,000 births for newborn females.
The types of injuries that may occur to an infant during a birth are wide-ranging, and may include broken collarbones, infections, head injuries, or nerve damage. In addition, mothers may suffer obstetrical trauma during birth due to medical negligence that can result serious health conditions, complications, or even death.
If you have experienced a birth injury, Winkler Kurtz, LLP can help. Our medical malpractice lawyer near Suffolk and Nassau County understand that caring for a child who has suffered a birth injury may be a serious financial hardship. We will aggressively pursue your case to help you recover the compensation that you deserve for your losses.
Brain Injuries
According to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries (TBIs) are a frequent occurrence in the United States. In 2013, there were approximately 2.8 million TBI-related emergency room visits, hospitalizations, and deaths nationwide.
The most common causes of brain injuries include falls (47%), being hit with an object (15%), and car accidents (14%). However, brain injuries may also be caused by medical errors or negligence, such as:
- Misdiagnosis;
- Surgical errors;
- Anoxia (lack of oxygen);
- Infection;
- Birth trauma;
- Medication errors; or
- Abuse
A person who has suffered a brain injury, regardless of the cause, may require lifelong care. A skilled Long Island medical malpractice attorney can work with victims of medical negligence to help them recover for their losses and ensure that they have the money necessary to pay for future treatment and care.
Misdiagnosis
If a physician makes an error in diagnosing a patient, it may lead to the patient receiving the wrong treatment. This can seriously compromise a patient’s health, and in some cases, may even lead to death.
Diagnostic errors are common in the United States. According to a Harvard Medical Practice Study, these types of errors accounted for 17% of all preventable errors in hospitalized patients. A separate post-mortem patient review found that 9% of all patients experienced a major diagnostic error that was undetected while they were alive.
While a missed diagnosis is not always proof of negligence, it may be important evidence to show a doctor breached his or her duty of care when treating you. If a physician failed to order necessary tests or overlooked critical symptoms, these acts could be conceived as negligent steps a doctor took leading to up to a misdiagnosis. In these situations, the skilled medical malpractice attorneys can work with you to help you recover for your losses.
Wrongful Death
When patients visit a doctor’s office or go to the hospital, they expect to receive a certain level of care. However, when a physician or other medical professional is negligent, a patient may die as a result. In those situations, surviving family members may file a wrongful death lawsuit against the responsible parties.
According to researchers from Johns Hopkins Hospital, 251,454 people die each year from medical errors. A wide range of medical negligence may lead to wrongful death, including:
- Medication errors;
- Birth injuries;
- Misdiagnosis;
- Defective medical devices;
- Surgical errors;
- Brain injuries;
- Failure to diagnose;
- Neglect or abuse.
Wrongful death lawsuits for medical malpractice can be complicated to pursue. These cases require proof that medical professionals violated their duty of care, and that this violation led to the death of a patient. An experienced Long Island medical malpractice lawyer can work with family members of a deceased patient to help them receive financial compensation for the loss of their loved one.
Surgical Errors
Surgery can be a necessary and life-changing treatment, but consenting to a procedure is often a leap of faith. It usually requires going under anesthesia, and being completely vulnerable to the surgeon, anesthesiologist and other medical professionals in the operating room. Just one surgical error could lead to serious, life-long complications, or even death.
According to a Mayo Clinic Study conducted with the American College of Surgeons, 8.9% of participating American surgeons believed that they had made a major medical error within the past 3 months. Of those surgeons, 1.5% believed that their error resulted in a patient’s death. According to Johns Hopkins researchers, serious surgical errors occur at least 4,000 times a year.
If you are a victim of a surgical error, Winkler Kurtz, LLP can help. We will aggressively pursue your claim to help you achieve the best possible outcome for your case.
Hospital Negligence
While many cases of medical malpractice involve a doctor or other healthcare professional committing an individual error, hospital negligence occurs when there is a system-wide failure. While a doctor may be at fault for the incident that led to the injury, the hospital might bear the greater responsibility for its role in creating the conditions that allowed errors to occur.
Hospital negligence may include:
- Failing to hire enough staff;
- Failing to properly staff departments so that medical professionals are not seeing more patients than they can safely manage;
- Failing to ensure that hospital staff are trained;
- Failing to ensure that staff and non-employees alike meet required licensing and educational standards;
- Failing to maintain sterile environments; or
- Failing to protect the security and confidentiality of patient records.
In these situations, the hospital itself may be held liable for injuries or illnesses suffered by patients. For example, if a patient receives the wrong medication because the hospital only staffed two nurses when it should have had four on duty to adequately support patients, this may be grounds for a hospital negligence claim. If you have been injured or developed an illness due to hospital negligence, a Medical malpractice attorney based on Long Island may be able to file a lawsuit against the hospital.
Failure to Diagnose
A delayed diagnosis of an illness can lead to devastating results. If a doctor does not order the correct tests or fails to see warning signs of a particular condition, the patient may suffer from advanced progression of the disease that could lead to wrongful death.
A delay in treatment for most diseases can result in a much harsher prognosis. For example, if a doctor fails to diagnose a life-threatening illness such as cancer, the disease may progress to such a point that treatment may become difficult or even impossible. If a physician misses the symptoms of an additional condition, such as diabetes, it can cause a tremendous amount of damage in a person’s body if left unchecked.
If a doctor did not diagnose a medical condition for you or your loved one in a timely manner, leading to a more serious illness or even death, you may have grounds for a claim. Winkler Kurtz, LLP can work with you to help build a case to seek financial compensation for your pain and suffering while allowing you to focus on what’s truly important – your recovery.
Work with a Long Island Medical Malpractice Attorney
In New York, if a medical professional’s negligence led to an injury, you may be entitled to compensation. Consider hiring a medical malpractice lawyer who can advocate for you so that you can focus on your recovery. Call Winkler Kurtz, LLP today at 631-928-8000 or contact us online to schedule a consultation with one of our lawyers.