Westchester County Medical Malpractice Lawyers

When you seek out medical treatment, you do so with the expectation that you will receive appropriate medical care. Unfortunately, medical errors are far too common. When a medical professional misses a diagnosis, makes an incorrect diagnosis, or otherwise engages in medical negligence, it can cause serious injury, illness, or even death.

If you were affected by medical negligence, you may be able to file a malpractice claim against the at-fault doctor, surgeon, physician assistant, nurse, chiropractor, or the hospital. To win this type of claim, you will need to prove that the medical professional failed to meet the standard of care for the profession. With the help of our Westchester County medical malpractice attorneys, you may be able to recover financial compensation for your medical bills, lost wages, pain and suffering, and loss of enjoyment of life.

The Law Offices of Thomas L. Gallivan advocate for the rights of injury victims throughout Westchester County, New York. We are fierce advocates for our clients, including those who have been harmed by careless healthcare professionals. Reach out to our law firm today to schedule a free consultation with a New York personal lawyer.

Medical Malpractice Claims in Westchester County, NY

Our seasoned medical malpractice lawyers represent individuals and families who have been injured due to medical negligence. Our diverse experience in this field includes cases involving:

• Emergency Room Errors
• Failure to Diagnose Medical Conditions
• Ophthalmology Errors
• Surgical Errors
• Anesthesia errors
• Medication Errors
• Gastric Bypass Surgery Errors
• Birth Injuries (Gynecological, Obstetrical)
• Emergency Room Errors
• Failure to Diagnose Heart Attack or Stroke
• Cerebral Palsy
• Erbs Palsy Birth Injury
• Improper Administration of Anesthesia
• Neurological Injuries
• Failure to Diagnose
• Plastic Surgery Errors
• Orthopedic Injuries
• Failure to Diagnose Cancer, including
  • Failure to Diagnose Cervical Cancer
  • Failure to Diagnose Uterine Cancer
  • Failure to Diagnose Testicular Cancer
  • Failure to Diagnose Skin Cancer
  • Failure to Diagnose Prostate Cancer
  • Failure to Diagnose Thyroid Cancer
  • Failure to Diagnose Leukemia
  • Failure to Diagnose Lymphoma
  • Failure to Diagnose Breast Cancer
  • Failure to Diagnose Colon Cancer
  • Failure to Diagnose Ovarian Cancer
  • Failure to Diagnose Stomach Cancer
  • Failure to Diagnose Bladder Cancer
  • Failure to Diagnose Kidney Cancer

We also represent the families of loved ones who have died as a result of medical malpractice in wrongful death lawsuits. In this type of personal injury lawsuit, the personal representative or executor of the estate files a wrongful death claim against the at-fault party. Any compensation that is recovered, such as for funeral and burial costs, medical expenses, and emotional distress, will then be distributed through the estate to surviving family members.

When Can I File a Medical Malpractice Lawsuit?

Medical malpractice lawsuits are a type of personal injury claim. However, they differ in significant respects from personal injury claims. Instead of asking whether a person acted with the level of care that a reasonable person would use in a similar situation, the question is whether a medical professional did not meet the standard of care for their profession.

For example, a doctor prescribes medication for a patient without warning them that they should not take it with one of their current prescription medications. The pharmacist who filled the prescription also did not notice the potential negative interaction. The patient takes the two drugs together and experiences a serious gastrointestinal bleed as a result. In this case, the doctor and the pharmacist both failed to meet the standard of care for their respective professions. Both could be held liable in a medical malpractice claim.

Medical malpractice lawsuits can be brought against both healthcare workers and facilities. Depending on the facts of your claim, you may bring a claim against:

• Doctors;
• Surgeons
• Chiropractors;
• Podiatrists;
• Physician assistants;
• Pharmacists;
• Nurses, including advanced nursing professionals such as nurse practitioners ;
• Anesthesiologists and nurse anesthetists;
• Psychologists;
• Therapists;
• Physical therapists;
• Occupational therapists;
• Hospitals;
• Outpatient surgical centers;
• Medical clinics; and/or
• Laboratories.

To win this type of claim, you will need to prove four things, known as elements:

1. There is a standard of care within the relevant medical community;
2. The medical professional or facility breached (violated) that standard of care;
3. This violation was the proximate (direct) cause of the patient’s injuries; and
4. The injury caused actual damage to the patient

An experienced Westchester County medical malpractice attorney will thoroughly investigate the facts of your case. They will review medical records, interview witnesses, analyze medical bills, and consult with medical experts. Working with experts in the field is particularly important, as winning a medical malpractice claim will require proof that the standard of care existed and that the healthcare worker violated it in some way.

The next step in the process is to send a demand letter to the at-fault party and their insurance company. Doctors and other medical professionals are required to carry medical malpractice insurance. Their insurance company will defend them against these types of claims. A demand letter puts the insurance company on notice of the claim, explains the facts of the case and the legal reasons why their insured is liable, and then makes a demand for damages (compensation).

Almost all – 96.9% – successful medical malpractice claims are resolved outside of court through skillful negotiation. However, it is often necessary to file a lawsuit to preserve your rights and gain access to important documents, testimony, and records through the discovery process. In the rare situation where your case goes to trial, your medical malpractice lawyer will introduce evidence, make arguments, and question witnesses before asking the jury to return a verdict in your favor.

At the Law Offices of Thomas L. Gallivan, our goal is to resolve cases as quickly as possible and for maximum compensation so that our clients can move forward with their lives. There are cases when insurance companies simply refuse to offer a fair settlement. In these situations, we will use our significant trial experience to go to court and get a winning verdict for our clients.

Compensation in a Medical Malpractice Claim

In any personal injury case, a victim (plaintiff) may be entitled to recover damages (money) from the at-fault party (defendant). These damages may fall into three categories: economic, non-economic, and punitive damages. Importantly, there is no cap on damages in medical malpractice cases in New York.

Economic damages pay for a plaintiff’s direct financial losses. This may include money for medical expenses, hospital bills, ongoing medical treatment, lost wages and benefits, reduced earning capacity, and necessary medical devices and equipment. For example, if a missed diagnosis leads to an unnecessary infection, then economic damages may include money for home renovations for accessibility or even a more accessible vehicle.

Non-economic damages pay for in-tangible losses – the kind of thing you don’t get a bill for, but can still be devastating. Examples of non-economic damages include pain and suffering, emotional distress, loss of consortium, scarring, disfigurement, and loss of enjoyment of life. These damages are harder to prove but are no less important than economic damages.

Finally, punitive damages are awarded only in cases involving intentional or reckless conduct – something more than negligence or carelessness. These damages are meant to punish a wrongdoer and deter others from engaging in similar conduct. For example, if a surgeon operates while drunk or high and injures someone as a result, then they could seek punitive damages.

The best way to get full compensation for your injuries is by working with an aggressive personal injury law firm with specific experience in medical malpractice claims. The Law Offices of Thomas L. Gallivan has more than 40 years of experience handling personal injury and medical malpractice cases on behalf of clients in Westchester County and throughout New York. Reach out to our law firm today to schedule a free initial consultation with a member of our legal team.

Harmed by Medical Negligence? Give Our Law Firm a Call.

We go to the doctor to get better – not to have our symptoms ignored or dismissed, or to be given the wrong diagnosis. While most medical professionals provide outstanding care, far too many make medical errors that cause serious injury, illness, and/or death. A medical malpractice lawsuit can help you get both financial compensation for your losses and a sense of justice.

Based in White Plains, the Law Offices of Thomas L. Gallivan, PLLC represents injury victims in medical malpractice and other personal injury cases. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free consultation with a Westchester County medical malpractice lawyer, give us a call at 866-931-9554 or fill out our online contact form.

How Long Do I Have to File a Medical Malpractice Claim in New York? 

The statute of limitations for medical malpractice claims in New York is 2.5 years or 30 months. If you don’t file a claim within this time, then you likely won’t be able to pursue a lawsuit. For medical malpractice cases, the clock on the statute of limitations begins to run when you knew or should have known about the injury. Call the Law Offices of Thomas L. Gallivan today to talk to a Westchester County medical malpractice attorney.

How Can I Pay for a Medical Malpractice Attorney?

Personal injury cases, including medical malpractice claims, are usually handled on a contingency fee basis. This means that you don’t pay anything upfront, and only pay an attorney’s fee if you recover money through a settlement or verdict at trial. The fee will be a percentage of your total recovery and is limited by New York law. Reach out to the Law Offices of Thomas L. Gallivan to set up an appointment with a Westchester County medical malpractice attorney.

How Do I Find Out If I Have a Medical Malpractice Claim?

It can be hard to figure out if what happened to you was truly medical negligence, or simply a matter of bad luck. If you have any concerns, the best thing that you can do to protect yourself is to schedule a free consultation with a Westchester County medical malpractice lawyer. They will listen to your story and give you legal advice on your rights and options. Contact the Law Offices of Thomas L. Gallivan to learn more.