Medical Malpractice

If you have experienced harm due to medical errors or negligent health care professionals, you may be entitled to compensation. Reach out to Barillari Law to discuss your legal options for filing a medical malpractice claim. We understand that when we seek medical treatment, we expect the tests and treatments to lead to improved health. Unfortunately, this is not always the case. Don't hesitate to contact us today.

What is a Medical Malpractice Claim?

A medical malpractice claim can be submitted if a healthcare provider has failed to meet the accepted standard of care, resulting in an error or harm to the patient. Common medical malpractice cases include:

  • Misdiagnosis
  • Delay in diagnosis
  • Surgical error
  • Prescription errors
  • Medication errors
  • Pregnancy and childbirth errors leading to injury

If a doctor makes an incorrect diagnosis, the wrong treatment may be administered, leading to a worsening of the medical issue. In the case of a misdiagnosis of a serious condition such as cancer or a heart attack, it can even be fatal, and the family members of the deceased may have the right to file a wrongful death claim due to medical malpractice.


Filing a Claim for Medical Malpractice in NY

If you have been a victim of medical malpractice in New York, Barillari Law is here to help. Our team of experienced medical malpractice attorneys in NYC has the expertise and resources to investigate your claim and prove negligence. We are committed to helping you get the maximum compensation you deserve for any damages caused by medical malpractice. Schedule a free consultation today to learn more about how we can help you.


Types of Medical Malpractice Cases

Surgical Errors

Our law firm is experienced in handling all types of surgical errors, including those that may lead to life-altering repercussions. This includes: 

  • Organ puncture or perforation, including bowel perforation
  • Spinal cord injuries in surgery
  • Failed cataract surgery
  • Gastric bypass malpractice
  • Nerve injury during surgery
  • Contra-indicated or unnecessary surgeries
  • Surgery performed incorrectly
  • Failure in surgical planning leading to complications
  • Medication errors
  • An incision in the wrong location
  • Surgical items left within the body after surgery
  • Surgery on the wrong body part
  • A surgical procedure performed on the wrong patient
  • Hospital-borne infections

Failure to Diagnose

If physicians do not correctly identify cancer, heart attacks, or other life-threatening conditions, patients may miss out on the opportunity to take action against the illness. Our firm works with individuals who have been further harmed or have passed away due to this misdiagnosis.

  • Delayed diagnosis of cancer including breast cancer misdiagnosis
  • Failure to diagnose ovarian cancer
  • Medical or doctor misdiagnosis
  • Failure to diagnose and prevent a heart attack
  • Failure to properly read X-rays or mammograms
  • Negligent treatment of diabetes
  • Pediatric misdiagnosis

Birth injuries

If your child has suffered a birth injury, our medical malpractice lawyers can help you get the financial compensation needed to ensure they have the best chance at reaching their full potential in life. We specialize in representing children and injured mothers in a variety of circumstances, including:

  • Cerebral palsy
  • Erb’s palsy
  • Brain injuries from birth, many of which are caused by oxygen deficiency in labor and delivery 
  • Excessive newborn jaundice 
  • Obstetric negligence 
  • Labor and delivery negligence 
  • Cesarean section injuries 
  • Improper use of forceps
  • Failure to recognize fetal distress • Failure to recognize pregnancy-induced hypertension 
  • Uterine rupture • Failure to recognize and treat infant seizures 
  • Improper or inadequate resuscitation at birth
  • Failure to manage toxemia and pre-eclampsia 
  • Meconium aspiration 
  • Low amniotic fluid 
  • Undetected sonographic abnormalities

Medication Errors

Those responsible for dispensing and providing medication, such as pharmacists and physicians, must exercise extreme caution in their roles. If they are negligent, the consequences can be devastating. This includes:

  • Failure to properly administer medication
  • Prescription drug malpractice

Anesthesia Errors

When a patient undergoes surgery, it is essential that anesthesiologists and other medical personnel closely monitor them. If this is not done, it can lead to serious injury. Our New York medical malpractice attorney will hold these careless medical professionals responsible for their mistakes.

  • Spinal Anesthesia error and nerve damage
  • Allergic reactions to local anesthesia
  • Failure to monitor vital signs
  • Cardiac arrest
  • Hypoxia
  • Anaphylactic shock
  • Insufficient anesthesia

Hospital Negligence

Hospitals have an obligation to provide quality care to each individual who seeks their services. Unfortunately, when hospitals fail to meet this requirement, patients are the ones who suffer the consequences. Often, patients experience infections or other serious harm due to hospital negligence. Our malpractice medical attorney NY can help those affected by such negligence to hold the responsible facilities accountable.

  • Failure to monitor and supervise
  • Equipment failure
  • Mismanagement of cellulitis
  • Recovery room errors
  • Emergency room errors
  • Sepsis
  • Improper placement of bed rails
  • Bed sores
  • Leakage of IV


Delayed Diagnosis

The consequences of a delayed diagnosis can be dire, especially in the case of serious illnesses and conditions. For example, a heart attack patient who is not quickly and correctly diagnosed may not receive the necessary medical intervention in time, resulting in a fatal outcome. Similarly, a cancer diagnosis that is not made in a timely manner can allow the cancer to progress to a point where it is untreatable. Unfortunately, doctors are human and mistakes can be made, especially in the high-pressure environment of an emergency room. In such a situation, a doctor may not order the right tests or may even send a patient home without proper medical care.


Medical Malpractice and Negligence

It is possible for various healthcare professionals to be negligent in treating a condition, including pediatricians, oncologists, orthopedic specialists, general surgeons, and more. Additionally, medical errors that cause serious harm to a patient can be attributed to those who prescribe, administer, or dispense medications, such as nurses, anesthesiologists, and pharmacy technicians.

The first step in our process at Barillari Law is to identify what went wrong and who was responsible. In some cases, a hospital may have failed in their duty to maintain a high level of sanitation, which can lead to a variety of serious and potentially deadly hospital-borne infections or other health risks. These risks can range from bacterial infections to viral illnesses, and can be caused by a variety of factors, such as inadequate cleaning, improper sterilization of equipment, or a lack of proper hygiene protocols. It is our job to determine if the hospital was negligent in their duty to provide a safe and sanitary environment for their patients, and if so, to hold them accountable for any resulting harm.

The harms to patients due to inadequate hospital care are reported to be at the lower limits of between 210,000 and 400,000 preventable deaths per year, a problem of epidemic proportions. This number does not even take into account those who have survived the error but are now living with the consequences of the mistake, which can range from physical pain and suffering to psychological trauma. This is a tragedy of immense proportions, and one that must be addressed in order to ensure that patients receive the highest quality of care possible.

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