New York Medical Malpractice Lawyers

The term "medical malpractice" describes any treatment, lack of treatment, or other departure from the accepted standards of medical care, health care or safety on the part of a health care provider that causes harm to a patient. Often resulting in serious or catastrophic injuries.

Areas that fall under this category include (but are not limited to):

• Misdiagnosis
• Improper/substandard treatment
• Failure to treat
• Delay in treatment
• Failure to follow-up
• Prescription errors

Occurrences of medical malpractice may not be obvious to the average person. Accurate identification of medical departures requires a review and analysis by attorneys who are familiar with the medicine along with the appropriate medical experts.

Call Smiley & Smiley, LLP at 1.866.SMILEYLAW, toll-free, to begin protecting your rights and advising you right away.

Medical Malpractice Issues

• Occurrences of medical malpractice may not be obvious to the average person. Accurate identification of medical often requires a review and analysis by medical experts

• Medical Malpractice cases are often handled on a contingency fee basis. In other words, the attorney only charges for their services only in the event of a settlement or judgment.

Medical Malpractice Case Results

Examples of Results Obtained by Smiley Law in Medical Malpractice Cases

• $1.5 Million settlement behalf of the Estate of a 39-year-old man from Brooklyn who was suffering from "sarcoidosis," a condition that affects the lungs and causes patients to suffer frequent painful coughing episodes. For seven months, he went for multiple visits to his primary care physician complaining of chest congestion, shortness of breath and a chronic cough however the physician failed to diagnose the condition. As a result of the physician's malpractice, the sarcoidosis spread throughout the gentleman's body killing him.

• $1.5 Million settlement for failure to diagnose sarcoidosis, a chest condition that resulted in the death of 39-year-old maintenance worker.

• $1.2 Million for a 36-yr-old man who suffered permanent loss of function of his left arm and hand when his doctor negligently transected his ulnar nerve and axillary vein during a routine surgical procedure to remove an abscess in his underarm.

• $1.2 Million settlement for the family of a 38-year-old woman who died in the hospital following the birth of her second child. We proved that the hospital and the woman's physician failed to properly monitor her vital signs following a high-risk pregnancy.

• $1.56 Million verdict awarded by a Nassau County jury in the case of a 41-year-old man who died, leaving a widow and three children, as a result of his physicians' failure to diagnose a blood clot.

• $1 Million settlement on behalf of a 60-year-old man whose physician failed to timely diagnose terminal prostate cancer.

• $2.35 Million structured settlement for a 26-year-old man who had 20 feet of his small intestine removed as a result of a surgeon's failure to timely diagnose and treat an infection which developed after an appendectomy.

• $595,000 for the wrongful death of a Long Island woman who died as a result of medical malpractice when she went in for a cosmetic surgical procedure. The anesthesiologist failed to get her breathing after surgery causing a lack of oxygen to her brain which ultimately resulted in her death. Due to New York State's extremely restrictive "wrongful death statute," this settlement was based solely on the pain and suffering of the deceased, since the law does not allow recovery for the pain, suffering and emotional loss sustained by family members.

Informative Links: Medical Malpractice

American Iatrogenic Association
http://www.iatrogenic.org

Quackwatch
http://www.quackwatch.com

New York State Department Of Health- Professional Misconduct & Physician Discipline.
http://www.health.state.ny.us/nysdoh/opmc/main.htm

Medical Research
www.medicinenet.com