Medical Negligence Attorneys Representing Injury Victims in New York’s Southern Tier and Northern Pennsylvania
Doctors, hospitals, and other medical providers have their own rules regarding the proper way to care and treat patients. This is known by doctors as the “standard of care.” Unfortunately, there are times when a doctor, hospital, or other medical provider does not follow the standard of care and a patient is seriously injured. Under the law, a doctor, hospital, or other medical provider may be responsible for injuries or harm caused to a patient when the standard of care is not followed.
At Coughlin & Gerhart, personal injury matters involving medical negligence are the focus of a few, highly experienced lawyers and paralegals, with impressive track records in handling medical negligence cases and getting millions for our seriously injured clients. Please review our sample cases. Coughlin & Gerhart has the financial resources to prepare powerful cases to stand up against the “hard-nosed” tactics of the insurance companies.
Coughlin & Gerhart has the experience and independence so that we can stand by you as long as you need us. You will have the confidence of knowing that your case is being handled by the best and the brightest. Of course, we offer free consultation and contingent fee arrangements, which means that we are not paid our fee until you recover damages.
Medical Malpractice Law FAQ
Why should I choose a medical malpractice lawyer near me?
Choosing a medical malpractice lawyer near you can offer several advantages when pursuing a medical negligence claim. Here are a few reasons why it’s beneficial:
Accessibility and Convenience: Selecting a local medical malpractice lawyer ensures easy access to legal counsel. You can have face-to-face meetings, attend court hearings, and communicate more effectively without long-distance complications.
Local Legal Knowledge: Lawyers practicing in your area possess valuable knowledge of local laws, regulations, and court systems. We are familiar with specific judges, opposing counsel, and medical experts commonly involved in medical malpractice cases. This familiarity can be advantageous in building a strong case strategy tailored to the local legal environment.
Established Networks: Local lawyers typically have a network of professionals, including medical experts, investigators, and consultants, who can contribute to your case. These connections can be invaluable in gathering evidence, analyzing medical records, and building a robust argument on your behalf.
Local Network and Resources: Coughlin & Gerhart has established professional networks and resources that can benefit your case. We have connections with local financial advisors, accountants, appraisers, and other professionals who can provide additional expertise and support when needed. These connections can be valuable in ensuring a comprehensive and well-rounded approach to your trusts and estates matters.
What constitutes medical malpractice in New York?
In New York, medical malpractice refers to the negligence or misconduct of healthcare professionals that results in harm or injury to a patient. To establish a medical malpractice claim in New York, the following elements must typically be proven:
Doctor-Patient Relationship: It must be shown that a doctor-patient relationship existed, meaning the healthcare professional owed a duty of care to the patient.
Standard of Care: The healthcare professional must have deviated from the accepted standard of care, which is the level of care that a reasonably competent healthcare provider would have provided under similar circumstances.
Breach of Duty: It must be demonstrated that the healthcare professional’s actions or omissions breached their duty of care towards the patient.
Causation: The breach of duty must be directly linked to the patient’s injury or harm. It must be shown that the healthcare professional’s negligence was a substantial factor in causing the harm.
Damages: The patient must have suffered damages, such as physical pain, emotional distress, additional medical expenses, loss of income, or other quantifiable losses.
How do I know if I have a valid medical malpractice case?
Consulting a law firm experienced in medical malpractice cases, such as Coughlin & Gerhart, is crucial to determine the validity of a medical malpractice case for several reasons:
Legal Expertise: Medical malpractice laws are complex and vary from state to state. We have in-depth knowledge of the laws and legal precedents specific to your jurisdiction. Coughlin & Gerhart can assess the viability of your case based on our expertise and experience.
Case Evaluation: An attorney will thoroughly review your medical records, gather evidence, and consult with medical experts to evaluate the strength of your case. We can assess whether the healthcare professional’s actions deviated from the standard of care and caused your injuries or harm.
Legal Strategy: A skilled attorney can develop an effective legal strategy tailored to the specifics of your case. We can advise you on the best course of action, including whether to negotiate a settlement or proceed to trial.
What damages can I seek in a medical malpractice lawsuit in New York?
In a medical malpractice lawsuit in New York, you may seek various types of damages, which can include:
Economic Damages: These are quantifiable financial losses resulting from the medical malpractice. They can include medical expenses (past and future), costs of rehabilitation or therapy, lost wages, and any other out-of-pocket expenses directly related to the injury.
Non-Economic Damages: These damages compensate for subjective losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. Calculating non-economic damages can be more subjective and may vary based on the severity and impact of the injury.
Punitive Damages: In rare cases involving extreme recklessness or intentional misconduct, punitive damages may be awarded. Their purpose is to punish the defendant and deter similar behavior in the future.
Please contact Coughlin & Gerhart to schedule a consultation to help you understand the specific damages you may be eligible to seek based on the details of your case and the applicable laws.
Can I sue for medical malpractice in New York if I signed a consent form?
Signing a consent form does not prevent you from pursuing a medical malpractice lawsuit in New York. While consent forms indicate that you have been informed of the risks and potential complications of a medical procedure, they do not grant healthcare professionals immunity from liability if they deviate from the standard of care or act negligently.
In New York, healthcare providers are still obligated to provide treatment that adheres to the accepted standard of care, even if you have signed a consent form. If the healthcare professional’s actions or omissions fall below that standard, resulting in injury or harm, you may have grounds for a medical malpractice claim.
Can I file a medical malpractice claim against a hospital or healthcare facility in New York?
Yes, you can file a medical malpractice claim against a hospital or healthcare facility in New York. Hospitals and healthcare facilities can be held liable for the negligent actions of their employees, including doctors, nurses, and other staff members.
In New York, hospitals can be held vicariously liable for the actions of their employees under the legal doctrine of “respondeat superior.” This means that if a healthcare professional employed by the hospital acted negligently within the scope of their employment, the hospital can be held responsible for their actions.
Additionally, hospitals can also be held directly liable for their own negligence, such as inadequate staffing, failure to maintain proper protocols, or insufficient training and supervision of their employees.
Coughlin & Gerhart would be glad to evaluate the specific circumstances of your case and determine the potential liability of the hospital or healthcare facility involved.
What steps should I take if I suspect medical malpractice?
If you suspect medical malpractice, it’s important to take the following steps:
Ensure Your Safety and Health: If you are experiencing immediate medical concerns, prioritize your health and seek necessary medical attention.
Document Everything: Keep a detailed record of your medical treatment, including dates, names of healthcare providers involved, procedures performed, medications prescribed, and any adverse effects or complications you experienced.
Consult Another Healthcare Professional: If you are concerned you are not getting adequate treatment and care, seek a second opinion from a different healthcare professional to evaluate your condition.
Preserve Evidence: Gather and preserve any relevant evidence, including medical records, test results, prescriptions, and photographs of injuries or complications. These will be crucial in evaluating your case.
Consult with a Medical Malpractice Attorney: Coughlin & Gerhart can evaluate your case, provide legal advice, and guide you through the process. We can help determine if you have a valid claim and advise you on the best course of action.
Follow Legal Deadlines: Medical malpractice claims have specific time limits called statutes of limitations. Statute of limitations can vary depending on the specific circumstances of your situation. Some of these statute of limitations can be very short. Failing to file within the specified timeframe can bar you from pursuing a claim. We suggest that you contact Coughlin & Gerhart as soon as possible to avoid a missed deadline.
Contact Coughlin & Gerhart
Our firm offers a free, no-obligation consultation so we can discuss your injuries and legal options. Our contingency fee policy also means that we will accept attorney’s fees only if we successfully obtain compensation for you.