Medical Malpractice Attorney in Rochester, NY
Patients deserve to receive high-quality, tailored care from the medical staff they entrust their health and well-being to. Unfortunately, medical mistakes can happen and sometimes lead to catastrophic consequences. Rochester residents who have suffered harm due to medical malpractice should know their legal rights and the available legal pathways that allow them to seek justice. A Rochester medical malpractice lawyer from our firm can help you take action.
Gattuso & Ciotoli, PLLC
Based in Rochester, New York, our law firm is devoted to advocating for the rights of New York residents who have been hurt due to medical malpractice. We understand how overwhelming it can be to take on legal action while trying to recover, which is why we’re ready to stand as your legal advocate and fight for justice throughout every step of your case.
Using our combined experience of over 60 years, you can trust the team at Gattuso & Ciotoli, PLLC, to secure justice on your behalf. We are near the Monroe County Courthouse, so we have a powerful understanding of local courtrooms and how they operate, giving us an edge in Rochester courts. Don’t wait to hold negligent medical staff accountable and pursue justice with help from our skilled Rochester medical malpractice team.
Common Types of Medical Malpractice in Rochester
Medical malpractice can take many different forms. Some of the most frequent types of medical malpractice cases seen in Rochester involve the following:
- Errors in Surgery. Performing surgery on the incorrect site or neglecting to remove surgical instruments from a patient during surgery can cause major injuries and often necessitate additional corrective operations.
- Diagnosis Errors. Medical misdiagnosis and delays in diagnosis both qualify as medical negligence. For instance, if a cancer diagnosis was delayed because doctors clearly missed a harmful tumor, patients may now have fewer treatment options and reduced chances of survival. In one study, it was found that 23% of the 2428 records reviewed had a missed or delayed diagnosis, and 550 patients experienced a diagnostic error.
- Improper Anesthesia Use. Using incorrect dosages of anesthesia during surgery or other medical procedures can create serious health risks that include brain damage and patient awareness during surgery.
- Negligent Medication Use. Giving a patient the wrong medication or dosage can lead to adverse side effects, worsening of existing symptoms, or cause other medical issues.
- Childbirth Issues. When medical professionals make mistakes during childbirth, it may create conditions like cerebral palsy or Erb’s palsy, which damage the brain and impact future health outcomes for the child.
Filing a Medical Malpractice Claim in Rochester, New York
State law in New York establishes medical malpractice regulations that require plaintiffs to demonstrate that the healthcare provider owed care responsibilities and violated those duties, which resulted in patient injury. Additionally, professional testimony is typically required to establish the standard of care that should’ve been present at the time of your injury. These laws are intended to protect patients and ensure that only valid claims are pursued.
There is also a specific statute of limitations that must be met for any medical malpractice claim in New York. This time limit is generally two years and six months, but it can vary depending on the type of claim you file. Due to the complexities and burden of proof that come with filing a medical malpractice claim in New York, it’s essential that you hire a medical malpractice lawyer who can fight for your rights and help you navigate proceedings effectively.
How Can a Rochester Medical Malpractice Lawyer Help You?
Navigating a medical malpractice claim on your own in Rochester can be complex. A seasoned attorney can be your ally, guiding you through each step of the process and advocating for your rights along the way. At Gattuso & Ciotoli, PLLC, we can review medical documents and consult with medical professionals to determine if established care standards were met and help you take legal action.
We can assist in establishing strong connections between your injuries and specific medical errors, like misdiagnosis or surgical mistakes. Our team can also use our negotiation skills to handle discussions with hospitals, insurers, and opposing counsel to protect you from pressure tactics that could force you to settle for less than you deserve. Additionally, we can draft and file all legal documents on time, ensuring deadlines are met and your case proceeds smoothly.
FAQs
What Are the Odds of Winning a Medical Malpractice Claim in New York?
The success of your medical malpractice claim in New York depends on factors like the strength of evidence presented, professional testimony, and the severity of your medical issues. It’s worth noting that these cases are generally difficult to prove and are often vigorously defended by healthcare providers and their insurance companies. With a strong case and a skilled attorney, the chances of reaching a favorable settlement or verdict increase significantly.
What Is the Average Medical Malpractice Settlement Worth in New York?
Medical malpractice settlements in New York vary. The severity of your injury, the expenses related to your continuing care and treatment, and the evidence in your case will all impact the overall amount you receive. For example, catastrophic injuries can result in multi-million dollar settlements. Every case is different, so you should consult a medical malpractice lawyer to learn about your potential recovery.
How Much Does It Cost to Hire a Medical Malpractice Lawyer in New York?
A majority of New York medical malpractice lawyers work on a contingency fee basis. Under this arrangement, there are no up-front fees, and the lawyer is paid a percentage of the settlement or verdict obtained. This allows clients to obtain legal representation without the burden of hourly rates as they fight for justice. However, every lawyer uses a different pricing structure, so it’s crucial that you discuss your budget and their fees in your initial consultation.
What Constitutes Medical Malpractice in New York?
In New York, medical malpractice occurs when a health care provider’s actions fall below the accepted standard of care established by the state and cause harm to a patient. Medical malpractice examples include surgical mistakes, incorrect diagnoses, treatment delays, or birth injuries to the mother and/or baby. To qualify as malpractice, an error must directly result in measurable damage, including extra medical costs, disability, or lost income.
Hire a Medical Malpractice Lawyer in Rochester
If you suffered measurable harm due to a medical professional’s negligence in Rochester, you may be entitled to compensation. Gattuso & Ciotoli, PLLC, can help you fight for justice. Contact us today to get started.