Areas of Practice
Serious harm or death can occur in a medical setting, when a patient is under the care of a licensed physician, or in a hospital, or nursing home, if the appropriate standard of care is not met.
Such patients are at their most vulnerable, and the consequences of preventable medical mistakes are devastating. Medical malpractice lawsuits serve dual purposes; to take the often crippling financial pressure off the patient and their family, and to highlight areas in the hospital or medical facility where improvement is needed, so that the same mistake can be avoided for future patients.
My office engages top experts in all medical fields to pursue these highly-technical and hard-fought cases on behalf of very sick clients, and the Estates of those who have died because of medical malpractice.
When something that should have been done was not done, or when something that should not have been done was done, and that caused injury or death, the injured party or their surviving next of kin may have a viable cause of action in Negligence.
Liability for negigence will result when carelessness, or conduct lacking in due care, directly results in unintentional harm to the victim. It is not necessary that the harm was done on purpose or with intent, as long as a person with a duty of care failed to conform to the standard of care that was reasonable under the circumstances, and this caused harm or injury or death.
In a medical setting, there is overlap between the concepts of malpractice and negligence. A nurse's failure to properly read a doctor's prescription, and giving a patient the wrong medication, for example, or a simple failure to monitor a patient for signs of infection after surgery, or failure to prevent the patient from falling out of bed and hurting themselves, can be classified as negligence. These injuries are easily prevented. Unfortunately, small mistakes can have large repercussions.
These cases are about dignity for seniors and those recovering from major surgery. Painful pressure sores develop on bed-ridden patients who are neglected, not turned over, and ignored by nursing home staff. There are very specific protocols for the care of these patients, and the pain of bed sores can easily be prevented.
Unfortunately the protocols are not always followed. If this happens and the patient gets hurt, take action so that it doesn't happen to others.
A human being has no "replacement value", and the best you can do is to make sure their next-of-kin are provided for.
New York's Estate Powers and Trusts Law allows a representative of the deceased to pursue justice on their behalf, and on behalf of their family.
My office represents the Estate of a deceased person in personal injury and medical malpractice cases, including Estate Administration proceedings in Surrogates Court, NYC, Westchester and Nassau.