DO YOU HAVE A MEDICAL MALPRACTICE CLAIM? We'll Help You Get Paid

Bronx Medical Malpractice Attorneys

Medical Malpractice in New York

According to several recent studies, including one from John Hopkins, medical malpractice is likely the third-leading cause of death in the United States, after heart disease and cancer. Approximately 10 percent of all deaths in the U.S. are related to medical error—and medical error is an underrecognized cause of death, meaning the actual numbers could be much higher.

If you were injured or if someone you love died due to medical malpractice or error, reach out to Wolf & Fuhrman LLP as soon as possible. For more than 30 years, our Bronx medical malpractice attorneys have represented victims of medical error and their families.

We have handled all types of medical malpractice cases and have successfully recovered favorable settlements and verdicts on behalf of our clients. We have had cases where cancer findings were reported on imaging studies or pathology reports and not appreciated or acted upon by the physician who ordered those tests. We have handled cases where screening guidelines were not followed, and cancer was therefore not timely diagnosed. We have represented children, parents, and families in birth injury cases where a physician failed to properly and timely monitor an expectant mother, causing injury to the mother and/or child. Even something as seemingly simple as failing to order diagnostic tests could be considered medical malpractice.

If you suspect that you or your loved one was the victim of medical malpractice, contact Wolf & Fuhrman LLP at (718) 717-1191 or simply visit our office in the Bronx, no appointment needed.

What Is Medical Malpractice?

In the most general terms, medical malpractice occurs when a medical provider (such as a doctor, nurse, or hospital) fails to properly care for a patient. All medical providers are held to certain standards of care; these standards are generally accepted as being the baseline for what constitutes adequate care, and anything that falls below these standards is deemed inadequate care.

To have grounds for a medical malpractice case, you must typically prove each of the following elements:

  • The defendant had a legal responsibility to provide you with medical care (i.e., a doctor-patient relationship existed)
  • The defendant failed to uphold the standard of acceptable care, meaning they provided you with substandard care
  • You were injured and/or suffered physical, emotional, or financial harm as a result of the defendant’s error, negligence, or wrongful conduct

It is not enough to merely show that you sought treatment for a condition, and your condition did not heal, or that your loved one died after being treated by a medical professional. You must prove that the medical provider failed to take actions another qualified provider would have taken or took actions that another medical provider would not have taken in the same or similar circumstances.

At Wolf & Fuhrman LLP, we have extensive experience handling highly complex medical malpractice cases, including those involving:

If you or someone you love was harmed due to medical malpractice, Wolf & Fuhrman LLP is ready to fight for you and the compensation you deserve.

What Is the Statute of Limitations on Medical Malpractice Cases in New York?

Depending on the type of medical malpractice case you have, several statutes of limitations (or filing deadlines) may apply.

In general, you have two years and six months from the date on which the alleged malpractice occurred to file a medical malpractice lawsuit in New York. If malpractice occurred during the “ongoing course of treatment,” the statute of limitations does not begin until the date on which treatment ended. Additionally, in certain cases, the state’s “discovery rule” may come into play. The discovery rule generally applies when the patient could not have reasonably known that they had a viable medical malpractice case, meaning they could not have reasonably known that they were injured immediately after the underlying act of malpractice or negligence occurred.

In New York, the discovery rule only applies in the following two situations:

  • Left-Behind Objects: If a foreign object is left behind in a patient’s body following a medical procedure, the plaintiff has one year from the date on which the foreign object was discovered or one year from the date on which they learned certain facts that could reasonably allow them to realize the foreign object was there to file a lawsuit. This does not apply to surgical clips, devices, or sutures that were intentionally inserted in the body.
  • Failure to Diagnose Cancer: A recent law (known as Lavern’s Law) enacted in 2018 makes it so that in cases involving a medical provider’s failure to diagnose, delayed diagnosis, or misdiagnosis of cancer, the plaintiff has two years and six months from the date on which the cancer was discovered or from when the patient learned or reasonably should have learned that a diagnostic error occurred to file a lawsuit. In any case, a lawsuit cannot be filed if more than seven years have passed since the date of underlying negligence or malpractice.

For children, the statute of limitations on medical malpractice cases does not begin until the child turns 18. In other words, the child has two years and six months from their 18th birthday to file a medical malpractice claim (with some exceptions).

In all cases, it is always better to act sooner rather than later. If you suspect that you or someone you love is the victim of medical malpractice, reach out to our team at Wolf & Fuhrman LLP right away. We can immediately begin an investigation into the facts of your case and can start building a powerful and persuasive claim on your behalf.

Client Reviews

Our Clients Say It Best
  • Knowledgeable, Caring, A real Mensch

    “Eliot Wolf guided us with the utmost case, knowledge and expertise every step of the way!”

    - C.S.
  • Professionalism, Responsiveness

    “Wolf & Fuhrman handled a family personal injury case with professionalism and great care to detail. They were friendly, smart and made us feel comfortable during a difficult time.”

    - Alan Anczelowicz
  • Super Lawyer

    “I am very pleased with the support and assistance from Mr. Wolf and his team. They go above and beyond to assist their clients.”

    - Mr. and Mrs. A.
  • Honest and extremely knowledgeable

    “I want to thank Eliot and his team for a job well done. Eliot was very successful in our case, but more importantly he was always available for my family if we had questions or concern.”

    - Luis
  • Highly Ethical and Professional

    “I strongly recommend Marvin for his highly ethical and professional representation of clients in cases involving personal injury, accidents and wrongful death.”

    - Former Client

Our Case Results

  • Medical Malpractice $6 Million
  • Medical Malpractice $5.1 Million
  • Medical Malpractice $4.3 Million
  • Medical Malpractice $3.5 Million
  • Medical Malpractice $2.4 Million
  • Medical Malpractice $2.3 Million
  • Medical Malpractice $2 Million
  • Medical Malpractice $1.4 Million
  • Medical Malpractice $1.1 Million
  • Medical Malpractice $900 Thousand

WHY CHOOSE WOLF & FUHRMAN LLP?

Medical malpractice cases are notoriously complex. It is important that you work with someone who has the experience, skills, and resources to effectively pursue your claim. At Wolf & Fuhrman LLP, we have represented victims of all types of medical malpractice and negligence for over 30 years. We recognize the many ways in which the system disadvantages individual patients while simultaneously giving power to the already powerful—doctors, hospitals, and other medical providers. We have seen firsthand how systemic racism in the medical system leads to misdiagnoses, delayed diagnoses, poor treatment, and other problems.

What’s more, our team has a background in medical malpractice defense. Co-founding attorney Marvin Fuhrman spent several years working as a defense attorney for doctors, nurses, hospitals, and the insurance companies that protected them. Coupled with co-founding attorney Eliot Wolf’s past experience as a successful foot surgeon, Wolf & Fuhrman LLP has a unique understanding of all sides of medicine and the law. We know what it takes to effectively advocate for our clients, and we have won numerous favorable settlements and verdicts on their behalf.

You Pay Nothing Unless We Win

Wolf & Fuhrman LLP has always provided legal services on a contingency fee basis. This means that our fees are contingent on us “winning” your case. If we do not recover a settlement or verdict in your case, you do not pay legal fees.

In every case, we strive to maximize our clients’ recoveries so that they can get back on their feet and move forward with their lives. Contact us online, by phone, or simply walk into our only office in the Bronx, no appointment necessary, to speak to a member of our team.

You can reach us online here, by phone at (718) 717-1191, or by visiting our office located on street level on Webster Avenue in the Bronx.

Medical Malpractice FAQs

Is there a medical malpractice cap in New York?

There is no cap on damages in medical malpractice cases in New York. This means that you are not limited in the amount you can recover for either economic or non-economic damages in your medical malpractice lawsuit.

What types of damages can I get for medical malpractice?

The types of damages you can recover in a medical malpractice case depend on the specific details of your situation, such as the severity of your injuries and the cost of your necessary medical care. However, that being said, many medical malpractice victims can recover compensation for things like medical expenses, future care costs, pain and suffering, lost enjoyment of life, lost income/wages, lost earning ability, lost future earnings, and miscellaneous out-of-pocket expenses.

How hard is it to prove medical malpractice?

Medical malpractice is one of the most difficult types of personal injury cases to prove. As the plaintiff, or the person bringing the claim, you have a high burden of proof. You cannot successfully recover damages simply because there were complications resulting from your care and treatment. You must not only show that you were injured or suffered damages after being treated by a medical provider, but you must also prove that the medical provider failed to follow/deviated from the applicable standards of care. In practically every malpractice action, proving this element requires the testimony of expert witnesses, as well as extensive evidence in support of your claim.

Why should I hire a medical malpractice attorney?

Because medical malpractice cases are so complex and so difficult to prove, it is important that you work with a knowledgeable medical malpractice attorney. An attorney from Wolf & Fuhrman LLP can review the details of your case and gather all applicable evidence. Our team knows how to navigate the legal process and fight for the maximum compensation you are owed.

WHY WOLF & FUHRMAN LLP?

  • Over 65 Years of Combined Experience
  • We Prepare Every Case for Trial to Maximize Recovery for Our Clients
  • Personalized Attention From Beginning to End
  • Helping and Supporting the Bronx Community

HAVE YOU BEEN INJURED?

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