Medical Malpractice Attorney in Schenectady, NY

In the U.S., we have access to high-quality healthcare from experienced and highly skilled professionals. Modern medicine allows us to treat and overcome injuries and illnesses, improving the quality of our lives. If you receive treatment from a doctor or medical facility that does not meet an acceptable professional standard, the consequences can be devastating. This is medical malpractice, and it can result in spiraling medical costs, unbearable pain and suffering, and a sense of betrayal from the people we trust with our lives.

If you or a loved one has suffered due to a healthcare provider’s negligence, you need experienced legal representation. Dalmata, Maloy, & Burke, LLP brings together decades of legal experience to fight for victims of medical negligence in Schenectady and throughout New York’s Capital Region. Our team will work tirelessly to protect your rights and secure the compensation you deserve.

Contact DMB Legal today for a free, no-obligation consultation with a medical malpractice attorney in Schenectady. You pay nothing upfront for us to start on your case, and there are no fees unless we successfully resolve your matter.

How a Schenectady, NY, Attorney Can Help with Your Medical Malpractice Claim

When you’re facing the aftermath of medical negligence, having the right Schenectady medical malpractice lawyer makes all the difference. At DMB Legal, our attorneys understand the nuances of the relationship between medicine and law. We can help you with your medical malpractice claim by providing the following:

• Case Evaluation – We will thoroughly review your situation to determine whether you have grounds for a claim.
• Evidence Gathering – Our team will collect medical records, expert testimony, and other crucial documentation.
• Expert Consultation – We work with medical professionals who can testify about standard of care violations.
• Negotiation with Insurance Companies – We will handle all communications with insurers to pursue fair compensation.
• Court Representation – If the insurance company refuses to offer a fair settlement for your losses, we will represent you aggressively in court.

We pride ourselves on building close client relationships; no client is ever treated as just another case number. This commitment to personalized service explains why so many clients return to us repeatedly for their legal needs.

Reach out to DMB Legal today to schedule your free, confidential case review and discover the difference we can make for your medical malpractice lawsuit.

How Is Medical Malpractice Legally Defined in New York?

In New York, medical malpractice occurs when a healthcare institution or professional fails to provide treatment that meets accepted standards, resulting in harm to the patient. The standard of care refers to the type and level of care that a reasonably skilled and competent healthcare professional, one who has similar training and experience, would provide under similar circumstances.

For an incident to qualify as medical malpractice, the following four key elements must typically be present:

• The medical professional owed a duty of care to the patient.
• The duty was breached by failing to provide the appropriate standard of care.
• The breach directly caused an injury to the patient.
• The injury resulted in significant losses.

DMB Legal brings trustworthiness and clarity to this complex legal area. We will explain how these definitions apply to your situation and build a compelling case based on the relevant legal standards.

Contact us today for your free, confidential case review.

How Do You Prove Liability in Medical Malpractice Cases?

Proving liability in a medical malpractice case requires demonstrating that a healthcare provider’s actions or inactions fell below the accepted standard of care and directly caused harm. When you hire DMB Legal, our team can do the following:

• Obtain and analyze all relevant medical records
• Consult with medical experts who can testify about proper standards of care
• Demonstrate how the provider deviated from these standards
• Establish a direct link between this deviation and your injuries
• Document all resulting losses and their impact on your life

This process demands finely tuned knowledge and significant resources. DMB Legal has successfully proven liability in numerous complex medical malpractice cases, earning us recognition as a reputable firm in this challenging legal area.

Who Can Commit and Be Held Liable for Medical Malpractice?

Medical malpractice can occur across the healthcare spectrum. Potential liable parties include the following:

DMB Legal will work to identify all potentially liable parties in your case, which may include both individuals and institutions. Our determined approach motivates us to hold all responsible parties accountable for their actions or failures.

What Types of Compensation Could Be Available in a Medical Malpractice Lawsuit?

Victims of medical negligence may be eligible to seek several types of medical malpractice compensation, including money for the following:

In cases of death, wrongful death benefits may be available for surviving family members.

Every case is unique, and DMB Legal can work to secure the maximum compensation appropriate for your specific circumstances and losses.

How Long Do I Have to File a Medical Malpractice Lawsuit in New York?

In New York, the statute of limitations for filing a medical malpractice lawsuit gives you 2.5 years (30 months) from the date of the alleged malpractice or from the end of continuous treatment for the same illness or injury by the same provider.

However, there are important exceptions:

• Foreign Object Cases – One year from the discovery of an object left inside the body or one year from when the object should reasonably have been discovered
• Cancer Misdiagnosis – Two years and six months from when the patient discovered or should have discovered the misdiagnosis
• Cases Involving Minors – Deadline may be extended until the child turns 18, but not beyond 10 years from the malpractice
• Wrongful Death – Two years from the date of death

If you miss this deadline, you will likely permanently lose your right to compensation. DMB Legal will ensure all filings occur within the required timeframes to protect your legal rights.

What Are the Requirements for Filing a Medical Malpractice Claim in New York?

New York has specific procedural requirements for medical malpractice claims that must be followed precisely. They are the following:

• Certificate of Merit – Your attorney must file a certificate stating that they have consulted with a medical expert who believes there is a reasonable basis for the claim.
• Expert Testimony – In most cases, testimony from a qualified medical expert is required to establish the standard of care and demonstrate how it was breached.
• Notice of Claim – If suing a municipal hospital or facility, you must file a notice of claim within 90 days of the incident.
• Specific Pleading Requirements – The complaint must include particular details about the alleged malpractice.

DMB Legal handles these complicated procedural requirements with precision, ensuring your claim meets all legal standards. Our team has extensive experience navigating New York’s specific medical malpractice requirements. Reach out to us today to learn more about how we can make a difference for your case.

What Are Common Forms of Medical Malpractice?

Medical negligence can take many forms. Common types include the following:

• Misdiagnosis or Delayed Diagnosis – These issues occur when healthcare providers fail to correctly identify a condition or disease, leading to inappropriate treatment or no treatment at all.
• Surgical Errors – Mistakes during operations may include wrong-site surgery, retained surgical instruments, or damage to surrounding tissues that should not have been affected.
• Medication Errors – Healthcare providers may prescribe or administer incorrect medications or dosages, potentially leading to severe adverse reactions or treatment failures.
• Birth Injuries – Negligence during pregnancy care or delivery can result in harm to the mother or baby that could have been prevented with proper medical attention.
• Anesthesia Errors – Medical professionals sometimes make critical mistakes when administering anesthesia or monitoring patients under sedation, which can lead to permanent injury or death.
• Failure to Treat – Some healthcare providers do not provide appropriate care for a diagnosed condition, allowing the patient’s health to deteriorate unnecessarily.
• Lack of Informed Consent – Doctors must properly explain risks and alternatives to patients before procedures, and failure to do so violates a patient’s right to make informed decisions about their care.
• Hospital Infections – Patients may contract preventable infections due to unsanitary conditions in healthcare facilities, which can complicate their recovery or lead to additional health problems.
• Emergency Room Errors – Healthcare teams sometimes make critical mistakes during urgent care situations due to rushed assessments, inadequate triage, or failure to recognize serious conditions.
• Premature Discharge – Hospitals occasionally release patients before they are medically stable, putting them at risk for complications or readmission.

The team at DMB Legal has successfully handled cases across all these categories, and we can bring our seasoned knowledge to each unique situation.

What Are Typical Medical Malpractice Injuries?

Medical negligence can result in a wide range of serious outcomes, such as the following:

We at DMB Legal understand the profound impact these injuries have on victims and families. This is why our lawyers and legal support staff approach each case with compassion while aggressively pursuing justice and fair compensation.