Experienced, Proven Medical Malpractice New York Attorneys

Injured When Seeking Medical Attention? Talk to a Legal Expert About Compensation

Braude Law Medical Malpractice Attorneys

We are here to help you get compensated for your injuries

Medical Malpractice Cases in New York

When you go see a medical professional, you do so in the hope that you will get better, not worse. Medical professionals should be highly competent, and any margin of error on their end could result in complications for the patient.

Still, negligence happens, and patients get injured, leaving indelible painful effects on a patient and their loved ones.

You Deserve Compensation.

 If you’ve been injured when seeking medical attention, you can sue your healthcare provider or the facility they work in. Medical malpractice is a complex area of litigation, and you should seek out the best medical malpractice lawyers in New York.

Speak to experienced attorneys from Braude Law
for advice on the best course of action.

What Medical Malpractice Cases Do We Handle?

  • Failure to diagnose a disease
  • Running wrong tests and misinterpreting the symptoms and laboratory results 
  • Medication error or prescription drug errors
  • Misdiagnosis of the patient
  • Surgical errors for example using defective surgical equipments
  • Operating on the wrong body part
  • Failure to diagnose cancer 
  • Birth negligence 
  • Failure to obtain consent from the patient for specialized medical procedures
  • Emergency Room Errors
  • Nursing Home Negligence

Determining Liability for a Medical Malpractice Case

Medical professionals owe all patients a standard of care when treating them. Hospitals are required by law to hire qualified and experienced medical workers.  When these standards fall short of what is reasonable, you are justified to sue them. 

When suing a medical professional or a medical center, you have a burden of proof to show their liability for your injuries. You must prove that they failed to exercise the degree of care required of a skilled and reasonable healthcare provider and that this failure was the direct immediate cause of your injury.

In some instances, you might have partial liability for causing your injury. New York medical malpractice laws reference the doctrine of comparative fault. Any damages that you will be awarded will be reduced by the percentage of your fault in causing the injury. For example, if you lied about being intoxicated when receiving an injection and you got complications from that.

Steps to Take After a Medical Malpractice Incident


If you suspect medical negligence, stop receiving treatment and switch doctors. Have the new medical professional do a medical examination and establish if there are any injuries. Make sure you preserve a copy of the documentation for this.


Photographic evidence is very valuable in medical malpractice cases. if you have physical injuries, take photos of them. You can also take photos of the wrong prescription and any doctor’s notes that document your harm.


Your health should be your number one priority. Do not neglect it when trying to lodge a claim or lawsuit. Keep seeing your new medical provider, who should keep you updated on the developments of past harms. This information will come in handy in court


While you can file a claim on your own, insurance companies and other liable parties will most likely try to shortchange you. An experienced medical malpractice new york attorney will advocate for you to get maximum damages for all injuries resulting from medical negligence.

What Type of Compensation Can I Recover?

In a medical malpractice lawsuit, you are likely to receive three kinds of damages

1. Actual Compensatory Damages

These compensate for things that are not straightforward when valuing such as:

  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
  • Future medical costs
  • Loss of future wages

2. General Compensatory Damages

These compensate for things that are not straightforward when valuing such as:

  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
  • Future medical costs
  • Loss of future wages

3. Punitive Damages

These are aimed at punishing the defendant when it is proven that their harm was intentional and was coupled with dishonesty. This is interpreted as criminal indifference to their civil obligations. 

Get A Free Case Review

We do not charge you anything until you get compensated.
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