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Howard B. Cohen, Esq.
David H. Elibol, Esq.
Harry J. Forrest, Esq.
And the Law Firm of :
Gross Shuman Brizdle
& Gilfillan P.C.
465 Main Street, Suite 600
Buffalo, NY 14203
tel: 716.845.4300

For more info about our firm, go to www.gross-shuman.com

When medical treatment is necessary, we place our trust and confidence in physicians, surgeons, emergency room personnel, anesthesiologists, nurses, hospital staff, paramedics and other healthcare providers. Most of the time, our trust and confidence are well-placed.

 

Unfortunately, sometimes the care that we receive is well below the expected standards of healthcare. In such cases, medical malpractice may occur.

 

Obviously, no one wants to bring a medical malpractice claim against thier doctor. Doctors and healthcare providers help us. Unfortunately, there are certain doctors and hospital practices that must be addressed so that they do not repeat these practices and injure others. As trial lawyers, we are very careful and reluctant to take on a medical malpractice claim unless it has been reviewed by another physician in the same practice area and found to have very good merit, and which result in substantial and permanent harm to our client. Indeed, at times our clients are referred to lawyers by doctors whom hope these claims will make it safer for all of us.

 

Thousands of Injuries and Deaths
It has been estimated that medical malpractice is the cause of more than 80,000 deaths each year in the U.S. However, less than 2% of medical malpractice cases evolve into lawsuits. Many are settled out of court. 

 

A medical malpractice lawsuit is a complex and difficult undertaking, and it is not a simple matter to prove that an aspect of medical care received was an instance of medical malpractice. It is necessary for a plaintiff's legal counsel to prove that the medical care was substandard; that is, that it deviated from the reasonable standard of medical care.

 

Examples of Medical Malpractice
There are many different instances in which medical malpractice can take place. Some common examples include:

• Misdiagnosis of a life-threatening condition
• Surgery at the wrong site, on the wrong limb, or on the wrong patient
• Dispensing the wrong dose of medicine or the wrong medicine
• Improper reading of x-rays
• Transfusion errors
• Medical device misuse
• Surgical device left inside a patient after surgery
• Accidents during surgery (e.g., cutting a vessel or organ)
• Birth trauma
• Failure to obtain patient consent for a medical procedure
• Infections related to treatment or to a stay in the hospital
• Burns, falls, or pressure ulcers during a hospital stay

 

Statute of Limitations
Another factor to bear in mind when you've experienced medical malpractice is that a statute of limitation applies to your potential claim. Statute of limitations are essentially deadlines by which a legal action must be initiated. If you do not file your claim in time, a court will not hear your case. In New York, the typical period of limitations in a medical malpractice claim is not nearly as long as with most all other legal claims.

 

There are certain exceptions to medical malpractice statute of limitations. It's best to consult Howard Cohen, David Elibol and Harry Forrest as soon as you even suspect that medical malpractice may have caused an injury or death.

 

Howard Cohen, David Elibol and Harry Forrest: Experienced Medical Malpractice Attorneys
We can help you determine whether you have been the victim of malpractice, and we'll discuss your options with you in detail. Contact us today to set up a private consultation regarding your circumstances.