Medical Negligence Lawyer in New York
Medical Malpractice Law Firm with a National Practice
Fitzgerald & Fitzgerald has been handling medical malpractice claims for more than 30 years. We have successfully handled hundreds of New York medical malpractice cases, including the top medical malpractice verdict in the nation in 2002--$94.8 Million (Lawyers Weekly, USA)
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How to Prove a Case
New York Medical Malpractice claims are proven through expert testimony by medical doctors who analyze and critique the medical records.
In order to successfully pursue a New York medical malpractice claim, a patient must prove that a health care provider either failed to do something which a reasonably prudent health care provider would have done, or that (s)he did something that should not have been done; and that that failure or action caused injury to the patient.
Although doctors and hospital administrators often complain about "frivolous" litigation, the plain fact is that in New York, every case that is successful is supported by reports and/or testimony of medical doctors who are critical of the treatment that the patient received.
The attorneys at Fitzgerald & Fitzgerald who work on medical negligence are knowledgeable in their field. Many have taken additional course work in both medicine and the law of medical cases. You need New York medical malpractice attorneys with experience.
What Makes a Good Case?
Obviously, a departure from good and accepted care by the doctor, hospital, midwife or nurse is a prerequisite for bringing a medical malpractice case. Causation is also necessary. That is, the departure must have caused the injury, which plaintiff claims.
However, in order for Fitzgerald & Fitzgerald to accept a case for medical malpractice, the injury must be severe and permanent. The reason is that medical negligent cases are costly to prosecute.
It is not uncommon to incur disbursements (or expenses) of more than $50,000 in prosecuting a medical malpractice action. Most of these expenses are for expert witnesses (medical doctors) who take time away from their medical practices to prepare for and testify in court. It is often necessary to call several medical experts on a case.
Many injuries from medical malpractice are uncompensated simply because the high cost of litigation deters patients and attorneys from filing lawsuits.
The Phony Medical Malpractice Crisis
As attorneys representing injured victims, Fitzgerald & Fitzgerald is acutely aware of the constant barrage of misleading information published by the insurance industry and some medical associations.
False claims are constantly being made that medical malpractice claims are "frivolous" and that there is a medical malpractice "crisis". These claims are made in an attempt to prejudice the public and juries against victims and their lawyers.
But if there is a malpractice "crisis", it has been caused by the insurance industry and poor medical care - not by the patients who suffer injuries.
- The Harvard Medical Practice Study published in the prestigious New England Journal of Medicine was based upon 30,000 randomly selected records from acute care hospitals in the state of New York. The study concluded that there were 27,179 adverse events involving negligence in New York hospitals for the year studied. Over 3,500 deaths were attributable to negligence. Indeed the study concluded, "There is a substantial amount of injury to patients from medical management, and many injuries are the result of substandard care." Click here to read the abstract
- The New York Times published an article on August 8, 2002 stating that a new report by the Joint Commission on Accreditation of Healthcare Organization says lack of nursing staff is contributing to patient deaths and bad care. 12% of nursing positions are vacant nationwide and nurses are overworked. Congress authorized national aid, but problem is expected to continue. (click here to read the whole article)
Attorneys cannot stay in business bringing "frivolous" claims. Fitzgerald & Fitzgerald brings meritorious claims on behalf of its injured clients. Our record of verdicts and settlements speaks for itself.
If you think you or a loved one has sustained a serious, permanent injury because of poor medical care, contact our nationwide medical malpractice law firm.
$31,575,000-Failure to properly monitor newborn's metabolic acidosis caused brain damage and cerebral palsy