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.
Valentine Joseph Wallace, Esq.
Personal Injury & Medical Malpractice Lawyer(212) 683-2814 vCard
Civil litigation. 20+ years' experience in the New York Courts representing injured plaintiffs and their families in neglience, personal injury, wrongful death, and medical malpractice cases.
Please call me "Val" ("Mr. Wallace" is fine too if you prefer).
When a person is injured or killed as a result of negligence or medical malpractice, the financial fallout for their family is devastating. Considering the high costs of medical care, the hospital bills alone can run into six or seven figures. Unfortunately, it is virtually unknown for a medical provider to admit their mistake and voluntarily make good for the patient and their family. The only option a patient and their family has is to file suit for compensation.
A New York civil case on the grounds of medical malpractice is brought only after a highly qualified physician expert in the medical field involved has carefully reviewed the case, and in their professional opinion, within a reasonable degree of medical certainty, there is a good faith basis for proceeding with court action to highlight the error in treatment.
Health care providers, Municipal entities, hospitals and nursing homes are required to carry insurance, and court actions are brought where atypical and unusual situations in these settings result in patient harm or death. These cases are brought on behalf of the patient, with the use of experts in the medical field involved, who will identify for the institution itself where they went wrong, so that an acceptable standard of medical care can be preserved, and the harm caused to the plaintiff can be avoided for future patients.
The insurance companies that cover health care providers often elect to vigorously defend against legitimate claims in Court to reduce their financial exposure. Sides are taken: an injured plaintiff and an insured defendant, and the insured defendant, with attorneys appointed by the insurance company to represent them, is always very ably represented in defending these claims. Injured plaintiffs, on the other hand, who would otherwise be no match for the insurance companies, rely on attorneys such as myself to take their cases on a contingency, so that they may have their day in Court and hope to achieve justice.
My office handles cases filed in the Courts of Manhattan, Brooklyn, Bronx, Queens, Westchester and Nassau counties, and where appropriate, in Federal Court.There are no upfront fees. All cases accepted under Retainer are undertaken on a 'contingent fee' basis, which means we will advance case costs, and no legal fees are payable unless and until a successful financial recovery is achieved in Court on your case. Pursuant to New York law, the legal fees are then deducted from the financial recovery.
I work hard to obtain the best possible outcome.