When to Hire a Medical Malpractice Attorney in New York

June 25, 2024

Medical malpractice occurs when healthcare providers deviate from the accepted standards of care, resulting in harm to the patient. The consequences can be severe, including long-term health issues, emotional distress, and financial burdens. If you or a loved one has been a victim of medical malpractice, it's crucial to seek legal assistance. At the Law Offices of Jason B. Kessler, we specialize in representing clients in New York who have suffered due to medical negligence. Here are the key situations when hiring a medical malpractice attorney becomes essential.



1. Misdiagnosis or Delayed Diagnosis

One of the most common forms of medical malpractice involves misdiagnosis or delayed diagnosis. If a healthcare provider fails to diagnose a condition correctly or in a timely manner, it can lead to worsened health outcomes. An experienced attorney can help you gather evidence, consult with medical experts, and build a strong case to prove negligence.


2. Surgical Errors

Surgical errors, such as operating on the wrong site, leaving surgical instruments inside the body, or performing unnecessary surgery, can have catastrophic consequences. If you believe a surgical error has occurred, an attorney can investigate the circumstances, obtain medical records, and determine if there was a breach in the standard of care.


3. Medication Errors

Medication errors, including incorrect prescriptions, dosage mistakes, or adverse drug interactions, can cause significant harm. An attorney can help identify the responsible parties, whether it’s the prescribing doctor, pharmacist, or healthcare facility, and pursue compensation for the damages caused by the error.


4. Birth Injuries

Birth injuries to the mother or child can result from medical negligence during pregnancy, labor, or delivery. Common examples include improper use of forceps, failure to monitor fetal distress, or delayed C-sections. An attorney can help you navigate the complex legal and medical issues involved in birth injury cases and seek justice for your family.


5. Anesthesia Errors

Anesthesia errors, such as administering too much or too little anesthesia, failing to monitor the patient properly, or using defective equipment, can lead to serious complications or death. An attorney can help you hold the responsible parties accountable and obtain compensation for the harm caused by anesthesia negligence.


6. Hospital Negligence

Hospitals can be held liable for the actions of their staff, including doctors, nurses, and other healthcare providers. If hospital policies, staffing issues, or inadequate training contributed to your injury, an attorney can investigate the hospital’s role and seek compensation on your behalf.


7. Informed Consent Issues

Healthcare providers are required to inform patients about the risks and benefits of a proposed treatment or procedure. If you were not adequately informed and suffered harm as a result, an attorney can help you prove that you did not give informed consent and pursue a claim for damages.


Benefits of Hiring a Medical Malpractice Attorney

Hiring a medical malpractice attorney offers several advantages:

  • Expert Legal Guidance: An attorney with experience in medical malpractice cases understands the legal and medical complexities involved and can provide expert advice tailored to your situation.
  • Thorough Investigation: An attorney can conduct a detailed investigation, gather evidence, and consult with medical experts to build a strong case.
  • Effective Representation: An attorney can negotiate with insurance companies and represent you in court, ensuring your rights are protected and your case is presented effectively.
  • Maximized Compensation: An attorney can help you pursue the full compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.
  • Peace of Mind: Knowing that a professional is handling your case allows you to focus on your recovery and well-being.


At the Law Offices of Jason B. Kessler, we are dedicated to providing compassionate and effective legal representation for clients affected by medical malpractice in New York. Our team of experienced attorneys will work tirelessly to ensure you receive the justice and compensation you deserve.

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