Rochester, NY Medical Malpractice Lawyer
Medical malpractice/negligence is when a doctor, nurse, or other medical professional fails to follow “accepted standards of medical care” and their failure has caused the patient an injury or death. These standards of care are basically what an average doctor or nurse would do when faced with the same circumstances.
Were You Injured as a Result of Medical Malpractice / Negligence?
A patient who is the victim of medical malpractice/negligence is entitled to recover for past and future: pain and suffering, medical expenses, and loss of earnings. In a death case, the next of kin can recover for their financial loss as well as for the pain and suffering of the deceased patient.
If you or a loved one suffered an injury due to medical malpractice/negligence, we at Kammholz Law can help determine the exact cause of your injury and pursue financial compensation for any past, present and, even, future losses and damages relating to your injury.
These types of claims are very complex. We are a Rochester-based medical malpractice/negligence law firm that is knowledgeable, experienced, compassionate and dedicated to helping people just like you.
What is Medical Malpractice / Negligence?
We will put our nearly 35 years of experience to work, determining who is responsible and hold them accountable to ensure your highest level of compensation for your injuries while also delivering you peace of mind. You are not a number, you are a highly valued client, who is seeking financial and oftentimes, emotional recovery from the serious injuries you have suffered.
We can Help You in any Type of Medical Malpractice / Negligence Claim
Please contact us about any of the following:
- Surgical Error Injuries
- Cancer Misdiagnosis and Delayed Diagnosis
- Emergency Room Errors
- Lab Errors
- Radiology Errors, such as misreading X-rays and MRIs
All you may know is that something bad has happened. You may not know what or why? What you want to know is: “do I have a case?” We will answer your questions quickly, honestly and provide our advice on the proper next steps, if any. Most importantly, when we work together, you’ll be confident that everything’s going to be alright.
Statute of Limitations for Medical Malpractice / Negligence Claim
It is in your best interest to immediately start the investigation into whether you have a valid medical malpractice/negligence claim.
There are time limits called “statutes of limitations” on how long you have to file a medical malpractice/negligence claim in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.
The statute of limitations for your claim depends on a number of factors, including: who the negligent party is, the type of malpractice/negligence, the age of the injured patient, and whether the patient passed away as a result of the malpractice.
In addition, some hospitals and medical facilities are owned and operated by a City, a County or even the State of New York. In these circumstances, you will be required to serve a “Notice of Claim” before starting your lawsuit. Similarly, hospitals and medical facilities that are owned or funded by the United States have special rules under the Federal Tort Claims Act (FTCA) for medical malpractice claims.
Determining the applicable time frame can be confusing so contact Kammholz Law to determine whether you have a claim and what the applicable statute of limitations is. We are here to help!
Let Us Take It From Here! FREE Consultation!
We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.
Paying For Your Medical Malpractice / Negligence Case
We Get Paid Only When You Get Paid
There is no cost to find out whether you have a valid claim. There is also no cost to actually pursuing a claim, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee.
New York’s Judiciary Law Section 474-A, sets the amount of the contingency fee for medical malpractice based upon a “sliding scale” starting at 30% and reducing to as little as 10% depending upon the amount of the recovery. Specifically, the attorney’s fee is 30% on the first $250,000 of the sum recovered. On the next $250,000 recovered, the fee is 25%. On the next $500,000 recovered, the fee is 20%. On the next $250,000 recovered, the fee is 15%. After that, on any amount recovered over $1,250,000, the fee is 10%. Percentages are calculated on the net amount after expenses and disbursements are deducted. Expenses are costs such as medical expert reviews/testimony, court filing fees, medical records and other costs to properly pursue the claim.
