We Defend New York And Vermont Medical Professionals Facing Malpractice Claims
There are risks involved in all aspects of medical care – from diagnosis to prescribing medicine to surgery. Since every decision can have a direct impact on someone’s health and well-being, medical professionals carry the risk of a costly medical malpractice suit at any moment in their career.
At O'Connor First in Albany, we provide experienced counsel and aggressive advocacy for medical professionals and institutions facing malpractice claims in New York. We serve as regional counsel for several major medical malpractice insurance carriers, and are a defense firm focused on protecting the interests of our clients and the rights of their insureds.
A Solid Defense Against Medical Negligence Claims
A medical malpractice claim is especially troubling because it puts a medical professional’s career and livelihood at risk. We represent a wide variety of medical professionals, defending against malpractice claims and helping them maintain their licenses in administrative hearings.
We defend medical professionals in cases involving surgical errors, birth injuries, failure to diagnose and other claims of medical malpractice. In handling a medical malpractice defense case, we have access to a network of elite medical experts who assist us with challenging medical malpractice claims and presenting compelling cases for our clients. Our experience and network of resources have allowed us to secure positive outcomes for many of our clients.
Protect Your Career And Your Reputation
Medical malpractice claims can happen to any medical professional, from family doctors to nursing home staff. The scope of our practice includes:
- Defending physicians: It is imperative to protect your license to practice medicine when you are accused of medical negligence. We have represented surgeons, family practitioners, anesthesiologists and more.
- Defending other medical professionals: We defend all types of medical professionals, from nurses and physical therapists to dentists and more.
- Defense in administrative hearings: We will prepare you for all administrative hearings and provide you with a solid defense against any and all charges.
- Defending hospitals: Our lawyers not only defend individual physicians but also entire hospitals and other long-term care facilities.
- Defending nursing homes: Nursing homes are attacked frequently for elder abuse. We can defend you against the charges your nursing home is facing.
Our firm is dedicated to providing comprehensive support and guidance throughout the entire legal process. We take the time to understand the unique aspects of each case, ensuring that our defense strategies are tailored to meet the specific needs of our clients.
Comprehensive Support For Medical Professionals
At O'Connor First, we understand that medical professionals face immense pressures and responsibilities every day. When a malpractice claim arises, it can threaten not only your professional reputation but also your emotional well-being.
Our meticulous investigation and analysis of these cases turn our extensive experience into a major advantage for our clients in their defense cases. As we represent you, we will keep in regular contact with you to provide you with peace of mind about your case, information about how we are fighting for you, and answers to any of your questions along the way. Trust O'Connor First to stand by your side, protecting your career and future with unwavering dedication.
Who Can Be Held Responsible For Medical Malpractice?
Medical malpractice claims can target various health care providers within the medical system. Physicians, surgeons, nurses, anesthesiologists, dentists and pharmacists are frequently named in lawsuits.
Additionally, health care facilities such as hospitals, nursing homes and urgent care centers can be held accountable for alleged negligence. These claims may arise from allegations of improper treatment, misdiagnosis, medication errors or procedural mistakes.
As defense attorneys, our focus is on demonstrating that the actions taken by these professionals met the standard of care under the specific circumstances, protecting their reputation and license.
What Type Of Evidence Is Gathered In Medical Malpractice Lawsuits?
Building a defense against a medical malpractice claim requires careful examination of the evidence presented. Key types of evidence include:
- Medical records: Detailed patient histories, treatment plans and procedural notes are analyzed to demonstrate adherence to standard practices.
- Expert testimony: Opinions from medical experts are used to dispute claims of negligence and validate the defendant’s decisions.
- Incident reports: Documentation from the health care facility may provide context about procedures or policies in place.
- Communication records: Emails, consultation notes and patient communication logs can provide evidence of thorough care and professionalism.
- Comparative standards: Data and protocols from similar cases or facilities may be used to establish that the defendant’s actions align with accepted medical practices.
Our approach emphasizes rigorous evaluation of this evidence to challenge claims effectively and highlight the complexities of medical care.
What Must Be Proven In A Medical Malpractice Claim?
Specific elements must be proven for a medical malpractice claim to be successful. Our defense strategy is designed to address these elements head-on:
- Duty of care: It must be shown that the defendant had a legal obligation to provide care.
- Breach of duty: Plaintiffs must prove that the standard of care was not met.
- Causation: The plaintiff must link the alleged negligence directly to the harm caused.
- Damages: Evidence of actual harm or loss must be substantiated.
Our legal role is to dismantle unfounded allegations and help ensure that claims do not unfairly penalize skilled professionals who acted in good faith.
What Should You Do If You Are A New York Or Vermont Medical Professional Facing A Malpractice Claim?
When confronted with a medical malpractice claim, immediate action is crucial. Medical professionals should:
- Contact your insurance carrier immediately, as most policies require notification within 24 to 48 hours of receiving a claim notice.
- Limit all case discussions to your attorney since conversations with colleagues could be discovered during litigation, potentially harming your defense.
- Keep all relevant medical records intact and never alter documentation, as this could severely damage your credibility and defense.
- Seek legal counsel before responding to any claims or inquiries, as even seemingly innocent statements can significantly impact your case outcome.
- Create a detailed timeline of patient interactions while your memory is fresh, including all treatments, consultations and communications.
- Review your facility’s policies and protocols thoroughly to understand your compliance with institutional standards, which can strengthen your position.
Our defense team provides immediate guidance from the moment you contact us, establishing a strategic defense plan tailored to your specific circumstances.
How Long Do Medical Malpractice Cases Typically Take?
Medical malpractice defense cases often follow an extended timeline due to their complex nature. Potential durations include:
- Initial review and response phase (one to three months): We assess the case, review records and respond to the initial complaint.
- Discovery period (six to 18 months): This involves exchanging information, including interrogatories, document requests and depositions.
- Expert review process (three to six months): We work with qualified medical experts to review records and prepare supporting reports.
- Pretrial motions and negotiations (two to six months): Legal motions and settlement discussions often occur during this period.
- Trial preparation and proceedings (one to three weeks): If necessary, this includes final preparation and court proceedings.
Throughout this process, we work to move cases toward favorable resolutions while maintaining a robust defense.
What Characteristics Should You Look For In A Medical Malpractice Defense Lawyer In New York Or Vermont?
When evaluating legal representation, consider these critical factors:
- A focus on medical malpractice defense, not plaintiff representation
- Solid understanding of medical concepts relevant to your specialty
- A strong network of respected medical professionals
- Knowledge of local courts and procedural rules in New York or Vermont
- History of successful outcomes in similar cases
- Effective communication that keeps you informed throughout the process
Our focused practice defends medical professionals exclusively, aligning our skills with your needs as a health care provider facing a malpractice claim.
We Have Your Back
If you are facing a medical malpractice defense issue in the Albany or Burlington areas, please contact the attorneys at O'Connor First by reaching out online or by telephone at 877-886-4029. We are here to build the defense you need to protect your future and your livelihood.