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Medical Malpractice Lawyer NYC

Hire a Medical Malpractice Attorney from Aviles Law Firm

We understand that finding the right lawyer for medical malpractice cases can be daunting, but it is necessary. Medical malpractice is a significant problem that can have life-altering consequences for the victim and their loved ones. As such, it is crucial to find a qualified and experienced lawyer who can assist you in navigating the legal system complexities and getting the justice you deserve.

At Aviles Law Firm, we have a team of dedicated and experienced New York medical malpractice lawyers who are ready to fight for you. We recognize the severe impact that medical malpractice can have on your life, and we are committed to helping you get the compensation you deserve.

medical malpractice lawyer nyc Our lawyers have over 40 years of experience handling medical malpractice cases and have a proven track record of success. We work with a network of medical experts to thoroughly investigate each case and build a strong argument on behalf of our clients. Our goal is to hold negligent medical professionals accountable for their actions and ensure that our clients receive the compensation they need to move forward with their lives.

We understand that every case is unique and requires a personalized approach. Our NYC medical malpractice lawyers take the time to listen to each client and understand their individual needs and circumstances.

We collaborate closely with our clients to develop a comprehensive legal strategy tailored to their specific situations. We aim to provide compassionate and effective legal representation that helps our clients achieve the best possible outcome.

If you or someone close to you has been the victim of medical malpractice, don’t wait to seek legal help. Contact Aviles Law Firm today to schedule a free consultation with one of our experienced New York medical malpractice lawyers. We are here to help you get the justice and compensation you deserve.

What is Medical Malpractice?


Medical malpractice occurs when a healthcare professional or institution fails to provide a patient with the accepted standard of care, resulting in harm or injury to the patient. The accepted standard of care refers to the level of care that a competent healthcare professional with similar qualifications would provide in similar circumstances.

Common Examples of Medical Negligence

Here are some common examples of medical negligence:

  • Misdiagnosis or delayed diagnosis: When a healthcare professional fails to accurately diagnose a condition or disease or delays in doing so, resulting in harm to the patient.
  • Medication errors: When a healthcare professional administers the wrong medication or dose or fails to account for potential drug interactions or allergies.
  • Surgical errors: When a surgeon makes a mistake during a procedure, such as operating on the wrong body part or leaving a surgical instrument inside the patient.Birth injuries: When a healthcare professional fails to provide proper care during childbirth, resulting in harm to the mother or baby.
  • Anesthesia errors: When an anesthesiologist administers too much or too little anesthesia, resulting in harm to the patient.
  • Failure to obtain informed consent: When a healthcare professional fails to properly notify a patient of the risks and benefits of a procedure or treatment, and the patient is harmed as a result.
  • Neglect or abuse: When a healthcare professional fails to provide appropriate care to a patient or engages in abusive behavior towards a patient.

These are just a few examples of medical negligence. It’s important to note that each case is unique, and medical negligence can take many forms. If you believe that you or a loved one has been the victim of medical negligence, it’s essential to speak with an experienced attorney who can evaluate your case and help you understand your legal options.


Legal Standard for Establishing Medical Malpractice

The legal standard for establishing medical malpractice requires the plaintiff, or the patient or their representative, to prove several elements:

  • Duty of care: The healthcare professional has a duty to provide care to the patient. This duty is usually established through a doctor-patient relationship.
  • Breach of duty: The healthcare professional breached the duty of care by failing to provide care that meets their profession’s accepted standard of care. The standard of care is determined by what a reasonably competent healthcare professional with similar training and experience would have done under the same circumstances.
  • Causation: The healthcare professional’s breach of duty was the cause of the patient’s injuries. The plaintiff must prove that the injuries would not have occurred if the healthcare professional had provided care that met the accepted standard of care.
  • Damages: The patient suffered damages due to the healthcare professional’s breach of duty. Damages can include physical injuries, emotional distress, lost wages, and other losses.

To demonstrate medical malpractice, the plaintiff must prove all four elements by a preponderance of the evidence, meaning that it is more likely than not that the healthcare professional committed malpractice. Expert testimony is often required to establish the standard of care and demonstrate causation in complex medical malpractice cases.


What is the Statute of Limitations for Medical Malpractice Cases in New York?

In New York, the statute of limitations for medical malpractice cases is 2 1/2 years from the date of the alleged malpractice. However, there are certain exceptions to this general rule, such as in cases involving foreign objects left in a patient’s body or cases involving minors. It is essential to consult with a qualified attorney to determine the applicable statute of limitations in your specific case.

Who can be Held Accountable for Medical Negligence?

Medical negligence occurs when a healthcare provider fails to provide adequate patient care, resulting in harm or injury. In such cases, several parties may be held accountable for medical negligence, including:

  • Healthcare providers: Doctors, nurses, surgeons, anesthesiologists, and other healthcare providers can be held accountable for medical negligence if they fail to provide adequate care or make errors during treatment.
  • Hospitals and healthcare facilities: Hospitals and other healthcare facilities can be held accountable if they fail to maintain proper safety protocols or if their staff members engage in medical negligence.
  • Pharmaceutical companies: Pharmaceutical companies can be held accountable if they produce and distribute drugs that are defective or have dangerous side effects.
  • Medical device manufacturers: Medical device manufacturers can be held accountable if they produce and distribute defective or malfunctioning devices, causing harm to patients.
  • Government agencies: Government agencies responsible for regulating healthcare providers, hospitals, medical device manufacturers, and pharmaceutical companies can also be held accountable if they fail to properly regulate and enforce safety standards.

Anyone contributing to medical negligence can be held accountable for their actions, and legal action can be taken against them to seek compensation for the harm caused.

What Damages Are Available for Medical Negligence Victims?

These are some common types of damages that may be available for victims of medical negligence:

  • Economic damages: quantifiable financial losses, such as medical bills and lost wages.
  • Non-economic damages: intangible losses, such as emotional distress, pain and suffering, and loss of enjoyment of life.
  • Punitive damages are awarded to punish the defendant for egregious or reckless behavior.
  • Wrongful death damages: available to the family of a person who died due to medical negligence, including funeral expenses and loss of income or support.
  • Medical expenses: for future medical costs related to the injury caused by medical negligence.
  • Rehabilitation expenses: costs related to physical or occupational therapy, counseling, or other forms of rehabilitation to aid the victim’s recovery.

It’s important to note that the availability and amount of damages can vary widely depending on the specific circumstances of each case, including the jurisdiction in which the claim is filed.


The Benefits of Hiring a Medical Malpractice Lawyer

Hiring a medical malpractice lawyer at Aviles Law Firm can be incredibly beneficial:

  • Expertise and Experience: Medical malpractice cases can be complex and challenging, especially for those without legal expertise. Our lawyers have the knowledge and experience necessary to understand the nuances of the law and build a strong case on your behalf.
  • Thorough Investigation: Our NYC malpractice lawyers will thoroughly investigate your case, gathering evidence and consulting with medical experts to build a strong case on your behalf.
  • Legal Guidance: Our experienced lawyers will provide legal guidance throughout the process, ensuring you understand your rights and options.
  • Negotiation Skills: Many medical malpractice cases are settled outside of court. Our skilled medical malpractice lawyers have strong negotiation skills and can negotiate a fair settlement on your behalf.
  • Courtroom Experience: If your case goes to trial, we have the courtroom experience necessary to advocate for you effectively.
  • Increased Compensation: Hiring Aviles Law Firm can help you recover more compensation for your injuries and losses than you would be able to on your own.


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