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Medical Malpractice & Nursing Home Negligence FAQs

Medical Malpractice & Nursing Home Negligence FAQs

What is Medical Malpractice?+
Medical malpractice is negligence committed by a health care provider. It can be a doctor, surgeon, nurse, physician’s assistant or pharmacist. The negligence can occur at a hospital, doctor’s office, surgical center, urgent care facility or nursing home. A health care provider is expected to provide treatment that meets the standard of care in the community. When a health care provider fails to meet this standard and causes harm to the patient, you may have a claim for medical malpractice.
How do I know if I have a medical malpractice claim?+
Medical negligence cases can be difficult to evaluate because of the complex medical questions involved. Every case has unique circumstances. Lacy Katzen uses nurse consultants and physicians to evaluate claims.
Does Lacy Katzen LLP charge a fee for an initial consultation?+
No. Lacy Katzen LLP’s litigation attorneys do not charge a legal fee for initial consultations for individuals with medical malpractice or nursing home negligence claims.
What is a contingency fee?+
Medical malpractice and nursing home negligence cases are handled on a contingency basis. This means that the attorney receiving a fee is “contingent” upon you getting a recovery in the case. In other words, the attorney only gets paid if you win or settle your case. If you are successful in your claim, the attorney will be paid a percentage of what you recover. This type of fee arrangement eliminates the risk to the client that they will have a large legal bill to pay if they do not recover on the case. Medical malpractice and nursing home negligence clients have already suffered a loss. They may have unpaid medical bills or be out of work due to their injuries. Most would not be able to bring a claim if they had to pay an attorney by the hour. This type of fee arrangement enables all injured people, regardless of their financial means, to be represented by highly skilled attorneys.
Does a filing deadline apply to my medical malpractice claim?+
Yes. In fact, the statute of limitations for medical claims is shorter than that for most types of negligence claims. You should contact an attorney as soon as possible if you have been harmed by medical negligence. The deadlines are even shorter for claims involving a municipal health care provider such as a county, state or federally operated facility.
Can I still file a medical malpractice claim if I gave informed consent?+
Yes. While there are certain risks to every procedure and not every bad outcome will support a medical negligence claim, no consent form can release a health care provider from responsibility for truly negligent actions. If our attorneys can demonstrate that negligence or a failure to meet the standard of care occurred resulting in harm, you may still be able to bring a claim.
My child was injured at birth years ago. Do I still have time to file a claim?+
Maybe. Birth injuries can result in harm that will affect your child for a lifetime. Special, extended time limits apply to claims brought on behalf of children. Lacy Katzen LLP’s litigation attorneys can assist you in determining if you still have time to make a claim.
I was given the wrong medication. Do I have a claim?+
You may have a claim related to a medication error if you suffered harm from the error. Medication errors can be committed by pharmacists, nurses or doctors. Typically, these occur when a patient is given the wrong medication, the wrong dose, or has an adverse reaction that the health care provider knew or should have known might occur. Our litigation attorneys can assist you in determining whether you have a valid medication error claim.
I suspect a family member is being mistreated in the nursing home. What can I do?+
Lack of care or outright abuse can result in serious harm to nursing home residents. Sometimes unable to speak up for themselves, elderly residents can be at the mercy of their caregivers. Common problems are residents injured in falls because inadequate precautions are taken, residents who are injured while wandering, bedsores, infections, inadequate nutrition and even intentional abuse. Every nursing home resident deserves to be treated with dignity and respect. New York law protects nursing home residents. If someone you love has been injured as a result of neglect or abuse, contact Lacy Katzen LLP’s litigation attorneys to discuss your claim.
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