We trust doctors, nurses and all other healthcare providers to give us the best possible care that is available. In a word, we rely on them, as well as their skills and professionalism. However, medical malpractice cases still happen quite frequently, and when they do, the results are usually tragic — not to mention, irreversible.
According to Dr. Martin Makary, a professor of surgery at Johns Hopkins University School of Medicine, as well as three of his medical students, “The Centers for Disease Control and Prevention should list medical error as the third most common cause of death in the U.S. after heart disease (611,105 deaths per year) and cancer (584,881 deaths per year).”
Simply put, 9.7 percent of all deaths that happen nationwide are due to medical error. In total, that’s 251, 454 deaths per year.
Have you or a loved one experienced an injury because of a misdiagnosis or some other sort of medical error? If so, then you need the top medical malpractice attorneys in New York on your side — you need Oshman & Mirisola. Call us today at (800) 400-8182 for a free, no-obligation consultation. Refuse to be a victim any longer, and find out what we can do for you.
In this article, you’ll learn:
- What Is Medical Malpractice?
- Do I Have a Case?
- How a Medical Malpractice Attorney Can Help
- Types of Medical Malpractice Cases We Handle
- Statute of Limitations
- The Medical Malpractice Lawsuit Process
Or, if you’re ready to file a medical malpractice lawsuit, then contact us now.
What Is Medical Malpractice?
When a healthcare practitioner’s actions and decisions cause significant harm to a patient under their care, medical malpractice is thought to have occurred. There are two type of medical malpractice:
Malpractice by Commission
Medical malpractice by commission is when a healthcare provider proactively does something to injure a patient, such as:
- Wrong Site
- Wrong Surgery
- Patient Errors
- Alcohol/Drug-induced Healthcare Provider
Malpractice by Omission
Medical malpractice by omission is when a healthcare professional fails to protect the health of a patient through:
- Improper Treatment
- Failure to Detail Risks
If you’ve been affected by one of these medical malpractice examples, or you believe you may have a case, then contact the attorneys at Oshman & Mirisola.
Do I Have a Case?
Ask yourself this question: “Did a doctor make a mistake that significantly affected my health and quality of life?” If the answer is “Yes,” can you prove it? There are four different types of criteria that can help proof your claim is valid:
- You were under that particular physician’s care
- The health care professional was negligent
- The health care professional’s negligence is directly related to the injury
- The injury led to further pain and suffering
How a Medical Malpractice Attorney Can Help
To properly pursue any kind of legal action, you will need to collect facts, data and medical records. These tasks are complicated, overwhelming and financially exhausting — specifically in medical malpractice cases. Furthermore, going up against doctors, insurance adjusters and lawyers is a daunting task for someone trying to recover from injury, or grieving the loss of a loved one.
Therefore, gaining the assistance of top medical malpractice attorneys who have skills and experience can help ensure that your voice is heard. At Oshman & Mirisola, we will act as your advocate, and fight for compensation that could potentially cover medical expenses and emotional distress. Let us be here for you.
To successfully prove a healthcare provider was negligent, you will need an expert testimony from a qualified, knowledgeable medical professional to show the attending physician or provider failed to give adequate care.
We’ve handled a variety of medical malpractice cases, such as:
- $42 million for failure to monitor the progress of a woman’s labor
- $22.5 million for brain damage that occurred after a nurse improperly positioned an intubation tube
- $10.5 million for brain damage to an infant after warnings about possible premature birth were ignored
Types of Medical Malpractice Cases We Handle
With more than 35 years of combined experience representing New Yorkers who have been victimized by medical errors, Oshman & Mirisola are top medical malpractice attorneys who are eager to help you. We understand the difficulties of presenting complex medical evidence, but also possess the required resources to gather records, data and experts that will be necessary to build a strong and solid case. Furthermore, we have won millions of dollars in many medical malpractice cases, including:
Many life-altering disabilities in children are directly linked to inadequate prenatal care, medical error during pregnancy and/or delivery.
Failure to correctly identify cancer symptoms, as well as mistaking symptoms of other illnesses for cancer are both grounds for a medical malpractice suit.
When you are given a prescription, you trust your physician is prescribing the appropriate medicine and dosage. You also trust the pharmacy to correctly fulfill that prescription. Medication errors can mean that you do not recover from your existing condition, and may also lead to other serious medical problems.
Wrong site, wrong surgery as well as medical instruments left in patients are among the most devastating forms of medical negligence.
Despite the laws in place to prevent abuse, 1 in 3 elderly residents are subject to financial, emotional, physical and sometimes sexual abuse in nursing homes around the country.
Plastic surgery procedures can be elective or reconstructive. An error made during these types of procedures can result in permanent nerve damage, scarring, allergic reaction or death.
Breaches in doctor-patient confidentially and liability for suicide are common psychiatric malpractice claims.
A hospital can be held accountable for negligence on behalf of an employee whose negligence injures a patient.
If you’ve been affected by medical malpractice, then call (800) 400-8182 to speak with the attorneys at Oshman & Mirisola today. Because time restrains may apply, it’s better to contact us sooner rather than later.
Statute of Limitations
If you or a loved one has suffered physical or emotional distress due to the negligence of a healthcare professional, it’s import to seek justice as soon as possible. The State of New York’s medical malpractice laws provide a 2-and-a-half-year statute of limitations for pursuing a personal injury medical malpractice claim. If your loved one has unfortunately passed on due to medical error, the statute is just 2 years. A similar time limit is set in place for the State of New Jersey.
The Medical Malpractice Lawsuit Process
The time to act is NOW! If a medical error has affected you or a loved one, your first step is to contact your healthcare provider to discuss your findings. You may be offered a solution at no cost.
However, if you feel as if you can no longer trust your healthcare provider, then it’s imperative to seek the assistance of top medical malpractice attorneys in New York — that’s Oshman and Mirisola. We will immediately get to work on contacting your provider, the medical licensing board, and any experts in the field related to your specific injury. Let us fight for justice on your behalf.
Contact us today at (800) 400-8182 for a free, no-obligation consultation. We work on a contingency basis. Therefore, unless we successfully win your case, you owe us nothing. We look forward to hearing from you.