At Jeffrey Weiskopf, P.C., we are committed to standing by those who have suffered due to medical negligence. Located at 30 State St, Suite 2B in Ossining, NY, our firm focuses on advocating for victims of medical malpractice and helping them secure the justice and compensation they deserve. We understand the complexities of these cases and the profound emotional toll that medical malpractice can take on individuals and their families. That’s why we offer a free consultation and case evaluation to anyone affected by medical negligence. We believe that everyone should have the opportunity to discuss their case with an experienced attorney without the worry of upfront costs.
Medical malpractice occurs when a healthcare provider fails to meet the standard of care that a reasonably skilled provider would have delivered under similar circumstances. This failure can manifest in many ways, from misdiagnosing a condition to making a critical error during surgery, prescribing the wrong medication, or failing to properly monitor a patient’s condition. When a medical professional’s negligence results in harm, the law allows the injured party to seek compensation for the damages caused by the malpractice. These damages can include both physical injuries and the financial burden associated with additional medical care, lost wages, and other expenses.
Medical malpractice claims in New York are governed by specific state laws that set forth the rules and regulations for pursuing legal action against negligent healthcare providers. Under New York law, medical professionals are required to provide a standard of care consistent with what is expected of similarly trained professionals in the same field. If they fail to meet this standard and their actions or inactions cause harm, they can be held legally accountable. New York also has ‘Good Samaritan’ laws that protect individuals who provide emergency medical care in good faith from legal liability. However, these protections do not extend to negligence in the course of normal medical practice.
One of the most important aspects of pursuing a medical malpractice claim is understanding the statute of limitations. In New York, the general rule is that a medical malpractice lawsuit must be filed within two and a half years (30 months) from the date of the alleged malpractice. However, exceptions exist for cases involving foreign objects left in the body or continuous treatment by the same provider. It’s critical to act promptly because failing to file within the allowed time frame can prevent you from ever pursuing a claim, regardless of its merits.
Proving a medical malpractice claim requires establishing several elements of proof. First, it must be shown that a doctor-patient relationship existed, creating a legal duty of care. This means that the healthcare provider has an obligation to deliver care that meets established medical standards. Once this duty is established, the next step is to demonstrate that the provider breached that duty by failing to meet the standard of care. This breach could occur due to an error in diagnosis, improper treatment, failure to warn of known risks, or any other act of negligence.
Once a breach of duty has been proven, it must then be shown that this breach directly caused the injury or harm. This step, known as causation, is often the most challenging to prove because it requires a clear connection between the medical provider’s actions and the resulting harm. Finally, the plaintiff must demonstrate the extent of the damages caused by the malpractice, including physical injury, emotional pain, additional medical costs, and lost income. Medical expert testimony is typically a crucial part of proving a breach of duty and establishing how the provider’s actions deviated from the expected standard of care.
Medical malpractice can take many forms, and our firm has experience handling a wide range of claims. Some of the most common types of medical malpractice claims include:
When you contact our New York medical malpractice law firm for your free consultation, we will take the time to listen to your story and evaluate the merits of your case. We begin by gathering all relevant medical records, which serve as the foundation for understanding what went wrong and where the healthcare provider failed in their duty of care. We also consult with medical experts who review the case and provide their professional opinions on how the standard of care was breached.
Once we’ve determined that you have a viable claim, we will file a lawsuit on your behalf in New York State or Federal Court. From there, we move into the pre-trial phase, which includes several key steps. Discovery allows both parties to exchange information and gather evidence, ensuring that all relevant facts are brought to light. Mediation and negotiation offer opportunities to resolve the case without going to trial, providing a chance for a swift and amicable resolution.
If the case does go to trial, we will prepare thoroughly, ensuring that every aspect of your case is presented clearly and compellingly to the court. Throughout the trial phase, we will argue on your behalf, working to prove the healthcare provider’s negligence and the harm it caused you. In the event of an unfavorable ruling, we are also prepared to appeal the decision to the Appellate Division, which are the higher court that reviewsthe decisions of lower courts to ensure they were made correctly and fairly.
Medical malpractice cases are particularly complex because they require an understanding of both the law and medical standards. We have the knowledge and resources to investigate your case thoroughly, consult with medical experts, and build a compelling argument on your behalf. It is critical to have an attorney who knows how to identify critical evidence, work with experts, and present the facts in a way that demonstrates negligence and the resulting harm. We are here to fight for your rights and pursue the compensation you deserve.
If you or a loved one has been harmed by medical negligence, it’s crucial to reach out to an attorney immediately. Delaying action can put your case at risk, as evidence may be lost, memories may fade, and the statute of limitations may run out. By contacting our firm, you ensure that your case is handled promptly and effectively. We are experienced in handling medical malpractice claims, and we understand the legal and medical nuances required to build a strong case.
When pursuing a medical malpractice claim, you may be entitled to several types of compensation. Economic damages can include medical expenses, lost wages, rehabilitation costs, and any future medical care that may be required. Non-economic damages cover the emotional pain and suffering you have endured due to the negligence, as well as any loss of enjoyment of life. In some cases, punitive damages may be awarded if the healthcare provider’s conduct was particularly reckless or egregious. This type of compensation serves to punish the provider and deter similar behavior in the future.
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care expected of them, resulting in harm to the patient. Medical malpractice can include surgical errors, errors in diagnosis, treatment, aftercare, or health management. To qualify as malpractice, the provider’s actions must deviate from what a reasonably skilled and competent provider would have done in the same situation.
If you believe you or a loved one has been harmed by a healthcare provider’s negligence, it is important to consult with an experienced attorney. We will evaluate the details of your case during a free consultation, including your medical records and the circumstances surrounding the care you received, to determine if you have grounds for a medical malpractice claim.
In New York, the statute of limitations for medical malpractice claims is typically two and a half years (30 months) from the date of the malpractice. However, exceptions exist, such as cases involving foreign objects left in the body or continuous treatment by the same provider. In these instances, the deadline to file may be extended. It is crucial to act quickly to ensure your right to pursue a claim is protected.
The value of a medical malpractice case depends on several factors, including the extent of the injuries, the costs of additional medical treatment lost wages, and the impact on your quality of life. Compensation for medical negligence could include economic damages (such as medical bills and lost income) and non-economic damages (such as pain and suffering). In some medical malpractice cases, punitive damages may also be awarded if the provider’s conduct was particularly reckless.
Not all medical malpractice cases go to trial. In most instances, when the liability is clear, cases are resolved through settlements during the negotiation or mediation process. However, if a fair settlement cannot be reached, we are fully prepared to take your case to trial. Our priority is to secure the best possible outcome for you, whether that is through a settlement or a court decision.
At Jeffrey Weiskopf, P.C., we handle medical malpractice cases on a contingency fee basis. This means that you will not have to pay any legal fees upfront, and we only get paid if we recover compensation on your behalf. This allows you to pursue your case without the financial burden of hourly legal fees.
Medical experts are an essential part of any medical malpractice case. They help to establish the standard of care that should have been followed and provide testimony on how the healthcare provider’s actions deviated from that standard. Their expertise helps to prove that the malpractice directly caused your injuries and supports the case for compensation.
The timeline for a medical malpractice case varies depending on the complexity of the case and whether it proceeds to trial. Some cases may settle within months, while others may take several years to resolve if they go to court. Throughout the process, we will keep you informed and ensure that your case is moving forward efficiently.
For your initial consultation, it is helpful to bring any relevant medical records, including treatment notes, test results, and bills. You should also bring any correspondence you have had with the healthcare provider or facility, such as emails or discharge instructions. These documents will help us assess your case and determine the best course of action.
At Jeffrey Weiskopf, P.C., we are dedicated to providing personalized legal representation to victims of medical malpractice. Jeffrey Weiskopf has extensive experience handling complex medical malpractice cases and is committed to achieving justice for his clients. We offer compassionate support and aggressive advocacy to ensure that you receive the compensation you deserve. Additionally, we offer a free consultation and work on a contingency fee basis, so you have nothing to lose by exploring your legal options with us.
When you retain Jeffrey Weiskopf, P.C., you can trust that your case is in capable hands. Jeffrey Weiskopf is a seasoned trial lawyer and litigator who has recovered millions of dollars for clients through mediation, negotiation, and litigation. We are committed to making sure that you feel comfortable throughout the entire legal process, and we will work closely with you to ensure that your concerns are addressed at every step. Our firm offers personalized attention and a dedicated approach to each case. We encourage you to contact us today for a free consultation and case evaluation. Let us help you take the first step toward justice.
If you or a loved one has been affected by medical malpractice, we encourage you to reach out to Jeffrey Weiskopf, P.C., for the guidance and representation you need. Our team is dedicated to ensuring that victims of medical negligence in New York receive the justice and compensation their cases deserve. Contact us today at 914-350-5175 to schedule your free consultation. We are located at 30 State St, Suite 2B, Ossining, NY, and our legal professionals are ready to help you move forward with your case.
Jeffrey Weiskopf, P.C.
