Medical Malpractice Attorney in New York City
Helping Victims Hold Hospitals & Medical Professionals Accountable
Medical malpractice occurs when a doctor, hospital, nurse or other health care provider is negligent through their actions or omissions. Failure to perform according the accepted standard can cause serious injury, permanent disability, or even death.
Mitchell D. Kessler, Attorney at Law is a medical malpractice lawyer practicing in New York City. Attorney Kessler has more than 3 decades of experience in this type of litigation and has obtained substantial monetary recoveries for clients.
What Is Medical Malpractice?
Individuals trust doctors and other medical professionals to offer the medical treatment and accurate assessments they need, sometimes in life-or-death circumstances. Unfortunately, healthcare providers can sometimes be negligent and fail to meet these standards. If you or a loved one has suffered an injury due to medical malpractice; you deserve to be compensated for your loss.
We provide legal guidance for a wide variety of injuries, including,
- Delayed diagnosis or misdiagnosis
- Surgical malpractice
- Faulty treatment before or during childbirth (birth injuries)
- Errors in medication (prescription, dosage, etc.)
- Anesthesia errors
- Infections related to medical service
Because of the serious nature of medical malpractice, claims are met with an aggressive legal defense. Insurers will take any avenue to protect medical workers and providers from severe financial losses, which means you will require experienced representation to fight for a favorable outcome.
Fortunately, Mitchell Kessler, Attorney at Law can provide the legal guidance you need. He understands the damages you have incurred through medical malpractice—including emotional trauma, chronic pain, and loss of wages—and believes each of his clients deserves justice and compensation. To this end, he is dedicated to providing one-on-one service for each of his clients and ensuring that we are prepared to go to court for any claim.
We hope our frequently asked questions and answers provide some insight, but we encourage you to schedule a free consultation to gain a full and adequate understanding of your case.
Contact Attorney Kessler Today!
Do not delay in seeking qualified guidance to help you win your case. With over 35 years of experience and a 90% success rate for previous cases, we can provide the legal aid you need. Mitchell D. Kessler works hard to help you as you seek to recover from the misfortune you or a loved one have faced due to medical malpractice.
Q:What kind of damages can I recover in a medical malpractice lawsuit?
A:In New York, there is no cap on the amount of damages you can recover in a medical malpractice lawsuit. This means you can recover any damages you can prove in settlement negotiations or a court of law. You may be able to recover compensation for: changes to your quality of life, pain and suffering, the initial cost of your care or procedure, any follow-up treatment you need, the expenses of rehabilitative care, missed work and wages while you recover, diminished earning potential with short-term and long-term disabilities, losses and funerary costs in cases of wrongful death. If your medical provider’s behavior was seriously egregious or intentional, you may also be entitled to punitive damages. These awards are rare in medical malpractice but are designed to punish the wrongdoer and provide you with extra financial comfort.
Q:How long do I have to file a medical malpractice claim?
A:The state of New York allows medical malpractice victims 2 years and 6 months to file a lawsuit. Time begins “running” on the date of the alleged malpractice or immediately after the “ongoing course of treatment” the medical error occurred within. If a foreign object, like a sponge or instrument, was left inside your body during surgery, you will have 1 year from the moment you discovered the foreign object to file your claim.
Q:Can I sue my doctor if I was not informed of the risks of my procedure?
A:For this question, the answer will depend on your unique case. If your doctor failed to get your “informed consent,” you may have a valid claim if: another doctor would have disclosed the risks associated with your procedure, a normal patient would have made a different decision had they known of the risk, you were not being treated during a medical emergency. Informed consent means that doctors notify you of all known risks tied to your surgery or your procedure, and you choose to move forward anyway. If a doctor fails to warn you about a foreseeable complication, you should recruit an attorney to explore what went wrong.