Why Choose New York Medical Malpractice Lawyer Bruce Glickman
Formidable Record: Bruce Glickman’s
Multi-Million Dollar Settlements and Verdicts
Formidable Record: Bruce Glickman’s
$1.75 million
failed diagnosis
At Levine & Blit, New York medical malpractice lawyer Bruce Glickman, Esq., brings over 35+ years of experience in handling complex civil litigation, including medical malpractice cases. As the partner in the firm’s Personal Injury Department, Mr. Glickman is well-versed in representing clients who have suffered severe harm due to medical negligence. He diligently evaluates cases, working closely with medical experts to uncover errors that may have caused catastrophic injuries or complications, such as brain damage, spinal cord injuries, or wrongful death.
Known for his strategic approach and commitment to achieving justice, Mr. Glickman has achieved multi-million dollar settlements and verdicts for his clients. His in-depth knowledge of New York’s medical malpractice laws, coupled with his high-powered negotiation and litigation skills, makes him a formidable advocate for victims of medical negligence. With a proven track record of success, Bruce Glickman is dedicated to helping injured patients and their families obtain the highest possible compensation they may be entitled to.
Medical Malpractice Laws in New York
New York’s medical malpractice laws are among the most comprehensive and complex in the United States, designed to protect patients who have suffered harm due to medical negligence. At Levine & Blit, our New York medical malpractice attorney Bruce Glickman will utilize his deep knowledge of these laws to your maximum advantage and recover the highest possible compensation for you.
Affidavit of Merit Requirement
In New York, the “Affidavit of Merit” is a legal requirement under New York Civil Practice Law and Rules (CPLR) Section 3012-a. This affidavit must be filed by the plaintiff’s attorney within 90 days of initiating the medical malpractice lawsuit. It must include a statement from a qualified medical expert, attesting that the claim has merit and that there is a reasonable basis to believe that the healthcare provider deviated from the accepted standard of care, resulting in harm. The Affidavit of Merit serves to ensure that there is a legitimate medical basis for the malpractice claim before it proceeds to litigation.
Burden of Proof
To succeed in a New York medical malpractice case the plaintiff or their New York medical malpractice lawyers must prove the following elements:
- Duty of Care: The healthcare provider owed the patient a standard of care expected of a reasonably competent professional in the same field.
- Breach of Duty: The medical professionals failed to meet this standard through an act of negligence or omission.
- Causation: The breach of duty in the medical procedure directly caused the patient’s injury or worsened their condition.
- Damages: The patient suffered measurable harm, such as physical injuries, emotional distress, additional medical expenses, or loss of income.
The Notice of Claim Requirement for Public Entities
If the negligent party is employed by a public hospital or medical facility (such as NYC Health + Hospitals), the injured party must file a notice of claim within 90 days from the time when medical malpractice occurs. This step is mandatory, and failure to comply can bar your medical malpractice lawsuits altogether.
The Role of the New York Medical Indemnity Fund
New York has established a Medical Indemnity Fund (MIF) for infants who sustain birth-related neurological injuries due to malpractice. This fund ensures that eligible children receive lifetime care without requiring their families to exhaust settlement funds prematurely.
No Damage Caps in Medical Malpractice Claims
Unlike some states, New York does not impose a cap on economic or non-economic damages in medical malpractice cases. This means injured patients can recover the full value of their medical expenses, lost wages, pain and suffering, and other damages if their case is successful.
Medical Malpractice Related Wrongful Death Claims
If medical negligence results in a patient’s death, surviving family members can file a wrongful death claim under New York law. However, damages in these cases are generally limited to pecuniary losses, such as funeral expenses, medical bills, and the financial support the deceased would have provided. Emotional suffering is typically not recoverable in wrongful death claims.
Statute of Limitations for Medical Malpractice Cases
In New York, the statute of limitations for medical malpractice cases is generally two and a half years (30 months) from the date of the negligent act or omission. However, exceptions exist:
- Continuous Treatment Doctrine: If a patient continues to receive treatment from the negligent healthcare provider for the same condition, the clock does not start until the treatment ends.
- Foreign Object Rule: If a foreign object, such as a surgical instrument, is left inside a patient’s body, the statute of limitations begins when the object is discovered or should have been discovered with reasonable diligence.
Pure Comparative Negligence Rule in New York
New York follows a pure comparative negligence system, meaning that even if a patient is partially at fault for their injuries, they can still recover compensation. With that said, the compensation will be reduced by the percentage of fault attributed to the patient.
Why Legal Representation Matters in NYC Medical Malpractice Cases
Medical malpractice claims in New York are notoriously challenging due to their medico-legal complexities, the need for robust evidence, and the aggressive defense tactics of healthcare providers and their insurers. The state’s laws heavily rely on expert medical evaluations and detailed documentation to prove negligence.
Given the intricate nature of New York’s medical malpractice laws, having an experienced attorney is vital. The best medical malpractice lawyers in New York City can navigate procedural requirements, build a strong case, and negotiate or litigate for maximum compensation. This ensures that victims of medical negligence have the best chance of holding a medical professional or hospital accountable and receiving the compensation they are owed.
Types of Medical Negligence Where New York Attorney Bruce Glickman Can Maximize Your Compensation
Medical negligence refers to substandard care provided by healthcare professionals that results in patient harm. The severity of these errors can vary, from minor complications to life-altering injuries or fatalities. When medical negligence occurs, it’s crucial to have a splendid and proven medical malpractice claim attorney, such as Bruce Glickman, advocate for your rights to maximize compensation for the harm suffered. Below are some of the most common types of medical negligence that may warrant a medical malpractice claim:
Misdiagnosis or Delayed Diagnosis
A misdiagnosis occurs when a healthcare professional fails to identify a patient’s condition, or incorrectly diagnoses it, leading to improper treatment. Delayed diagnosis is equally harmful and happens when a healthcare provider fails to diagnose a condition promptly, allowing the disease to progress. Both errors can have devastating consequences, especially when treating conditions like cancer, heart disease, or infections, where early diagnosis is critical.
In these cases, attorney Bruce Glickman will examine medical records, consult medical experts, and assess the timing of the diagnosis to determine if the delay or error directly caused harm to the patient.
Surgical Errors
Surgical errors can include mistakes during the operation itself, such as performing surgery on the wrong site, leaving surgical instruments inside the body, or damaging surrounding tissues. These mistakes often lead to prolonged recovery times, permanent disability, or even death.
Mr. Bruce Glickman’s extensive knowledge of New York’s medical malpractice law will guide him through complex cases involving surgical mistakes, ensuring that the responsible parties are held accountable and that victims receive the full compensation they are entitled to for their medical costs, lost wages, and pain and suffering.
Anesthesia Errors
Anesthesia errors can occur when an anesthesiologist administers too much or too little anesthesia or fails to monitor the patient correctly. These errors can result in serious complications, including brain damage, heart failure, or even death. In many cases, anesthesia errors are preventable with proper preparation and monitoring.
As one of the top New York medical malpractice attorneys, Bruce Glickman will work with medical experts in anesthesia to establish whether the standard of care was met and identify how the error occurred. This is critical for proving liability in a high-stakes medical malpractice action.
Birth Injuries
Birth injuries can result from medical negligence during labor and delivery, such as failure to monitor fetal distress, improper use of forceps or vacuum extraction, or failure to perform a timely cesarean section. These errors can lead to permanent conditions such as cerebral palsy, Erb’s palsy, or brain damage.
Bruce Glickman has a deep understanding of obstetrics and gynecology standards, and he’ll consult with experts in these fields to evaluate how medical staff handled the birth and whether their actions fell below the expected standard of care.
Nursing Negligence
Nursing errors can include failure to administer medications properly, failure to monitor vital signs, or neglect to follow doctor’s orders. Nurses play an integral role in patient care, and when they make errors, those mistakes can lead to severe consequences, including infection, sepsis, or organ failure.
Attorney Glickman understands the nuances of nursing care and will use expert testimony and medical records to identify where nursing staff failed to uphold their duties, holding them accountable for the harm caused.
Medication Errors
Medication errors can happen in a variety of ways, including prescribing the wrong medication, incorrect dosage, failure to account for drug interactions, or errors in administering the drug. These mistakes can cause severe side effects, allergic reactions, or even death.
When handling these claims, Bruce Glickman will scrutinize prescription records, dosage instructions, and administration protocols to determine where the error occurred and how it led to harm. He works closely with pharmacists and healthcare providers to establish the full scope of negligence involved.
Failure to Obtain Informed Consent
Informed consent requires that patients are made aware of the risks and benefits of a proposed treatment or procedure before they consent to it. Failure to fully inform a patient can lead to medical negligence claims, particularly if the patient experiences harm as a result of the treatment they were not adequately informed about.
Mr. Bruce Glickman will thoroughly review all consent forms, patient records, and any communications between healthcare providers and the patient to determine if proper informed consent procedures were followed.
Defective Medical Devices or Implants
Medical devices, such as pacemakers, hip implants, or prosthetics, can malfunction if they are defectively designed or improperly implanted. These failures can lead to injury, infection, or additional surgeries. Manufacturers or healthcare providers may be liable for these injuries.
Attorney Bruce Glickman’s thorough approach includes collaborating with medical experts to determine whether a defective device contributed to a patient’s injuries and holding the responsible parties accountable for any harm caused by a failure in design, manufacturing, or implantation.
Steps Our NYC Medical Malpractice Lawyer Bruce Glickman Will Take to Recover Maximum Compensation for You
When medical negligence causes harm to you or a loved one, navigating the complexities of New York’s medical malpractice laws can feel overwhelming. At Levine & Blit, our seasoned attorney Bruce Glickman, Esq., leverages decades of legal experience to fight for the largest compensation you deserve.
Initial Case Evaluation and Consultation
- Reviewing Medical Records: Mr. Glickman will obtain and meticulously review your medical records, treatment history, and any relevant documentation to identify potential negligence.
- Identifying Defendants: This includes determining whether the negligence stems from a doctor, nurse, hospital, or other healthcare providers.
- Statute of Limitations Analysis: He will ensure that your claim is filed within the statute of limitations, which is generally 30 months in New York, with certain exceptions like the Continuous Treatment Doctrine or Foreign Object Rule.
Providing Notice of Claim (If Required)
- Public Hospitals and Entities: If the malpractice occurred at a public hospital, such as an NYC Health + Hospitals facility, Mr. Glickman will file a Notice of Claim within 90 days, as required by New York law.
- Compliance with Deadlines: This critical step ensures your claim is not barred due to procedural errors.
Notifying the Healthcare Provider and Authorities
- Hospital Notification: A formal notification will be sent to the hospital or healthcare provider involved, informing them of the potential lawsuit.
- Relevant Health Authorities: In some cases, notifying regulatory bodies, such as the New York State Department of Health or the Office of Professional Medical Conduct (OPMC), may be necessary to support your case and ensure accountability.
Utilizing a Network of Medical Experts
- Securing Expert Testimony: New York law requires testimony from a qualified medical expert to establish that the healthcare provider deviated from accepted standards of care.
- Medical Evaluations: Mr. Glickman will work with top medical experts to thoroughly analyze your injuries and connect them to the negligence in question.
Negotiating for a Fair Settlement
- Comprehensive Demand Letter: Mr. Glickman will draft a detailed demand letter to the insurer of the negligent party, outlining:
- The specifics of the malpractice.
- Your injuries, pain, and suffering.
- Economic and non-economic damages incurred, such as lost wages, additional medical expenses, and emotional trauma.
- Negotiating with Insurers: Using his skills and resources, Mr. Glickman will aggressively negotiate with insurance companies to seek a fair settlement, leveraging his trial experience and record of million-dollar outcomes to demonstrate his readiness for trial if necessary.
Filing the Lawsuit
- Formal Complaint: If a settlement cannot be reached, Mr. Glickman will file a lawsuit in the appropriate New York court, ensuring it complies with all procedural and jurisdictional requirements.
- Identifying All Liable Parties: He’ll name all responsible parties, including individual providers and institutions, to maximize the potential recovery.
Discovery Phase and Evidence Gathering
- Obtaining Evidence: Mr. Glickman will collect depositions, interrogatories, and other evidence to strengthen your claim.
- Subpoenaing Records: He will use legal channels to obtain additional evidence, such as internal hospital records or prior complaints against the healthcare provider.
- Consulting with Experts: Continued collaboration with medical experts will provide further insights into your injuries and causation.
Preparing for Trial
- Building a Persuasive Case: Mr. Glickman excels at presenting complex medical and legal issues in a way that resonates with juries.
- Exhibits and Demonstrations: He will prepare exhibits, timelines, and expert testimony to clearly demonstrate how the negligence caused your injuries.
- Mock Trials: If necessary, Mr. Glickman will conduct mock trials to refine arguments and strategies.
Strong Trial Advocacy
- Aggressive Representation in Court: With over 35+ years of experience, Mr. Glickman is a formidable litigator who will tirelessly advocate for you before the court.
- Cross-Examining the Defense: His sharp questioning skills will expose flaws in the defense’s arguments, further strengthening your case.
Mr. Glickman’s vast experience in handling complex personal injury cases, including medical malpractice, sets him apart. He is well-versed in navigating New York’s stringent medical malpractice requirements and has secured numerous high-value settlements and verdicts for his clients. By choosing Levine & Blit, you can trust that Mr. Glickman will leave no stone unturned in maximizing your compensation.
Call Bruce Glickman directly at 516-987-8790 today to schedule your free case evaluation and take the first step toward securing the justice you deserve.
How Our NYC Medical Malpractice Lawyer Bruce Glickman Will Prove the Hospital’s Liability
Proving liability in a medical malpractice case requires compelling evidence that demonstrates a healthcare provider deviated from the accepted standard of care, resulting in harm to the patient. At Levine & Blit, our experienced attorney Bruce Glickman, Esq., is dedicated to building strong cases through comprehensive evidence collection. Below are the key types of evidence Mr. Glickman will use to prove liability and maximize your compensation:
Medical Records
- Patient Records: Your complete medical history, including diagnostic tests, treatment plans, surgical notes, and prescriptions, will be carefully reviewed to identify deviations from standard care.
- Nurse and Physician Notes: Detailed records from medical staff will be analyzed to uncover any inconsistencies or errors in treatment.
- Imaging Studies: X-rays, MRIs, CT scans, and other diagnostic tests will be scrutinized to assess whether a failure to diagnose or misdiagnosis occurred.
Expert Testimony
- Medical Expert Analysis: Mr. Glickman will consult qualified medical experts to evaluate whether the healthcare provider’s actions deviated from accepted medical practices.
- Affidavit of Merit: As required by New York law, a medical expert will provide an affidavit affirming that your case has merit and that negligence occurred.
- Trial Testimony: Experts will provide testimony to establish the standard of care and explain how the provider’s failure to meet that standard caused your injuries.
Hospital and Facility Records
- Internal Protocols: Hospital policies and procedures will be reviewed to determine whether the provider violated internal or industry guidelines.
- Incident Reports: If the healthcare facility documented the malpractice incident, these reports can serve as key evidence.
- Staff Schedules: Records showing understaffing or excessive workloads may indicate systemic issues contributing to the negligence.
Witness Statements
- Eyewitness Accounts: Testimony from nurses, technicians, or other healthcare staff who witnessed the malpractice can provide critical insights.
- Family Members: Statements from loved ones who observed your care and its consequences can further support your claim.
Documentation of Harm
- Photographic Evidence: Photos of injuries, surgical errors, or other visible harm can vividly illustrate the impact of the negligence.
- Receipts and Invoices: Medical bills, pharmacy receipts, and other financial records will establish the economic damages you have incurred.
Second Medical Opinions
- Independent Reviews: Opinions from other qualified physicians who reviewed your case can highlight where the original provider made errors or omissions.
- Corrective Treatments: Evidence of additional treatments or surgeries required to fix the initial provider’s mistakes will further demonstrate the harm caused by negligence.
Communication Records
- Doctor-Patient Communications: Emails, text messages, or notes regarding your care can reveal miscommunications, lack of informed consent, or dismissive behavior.
- Hospital Records: Any correspondence between hospital staff or management discussing your treatment may uncover internal acknowledgment of the error.
Timeline of Events
- Comprehensive Chronology: Mr. Glickman will create a detailed timeline of your care, from initial treatment to the resulting harm, to show how and when the negligence occurred.
- Causal Links: This timeline will connect the provider’s actions (or inaction) to your injuries, helping to prove causation.
Prior Complaints Against the Provider
- Malpractice History: Records of previous lawsuits or disciplinary actions against the healthcare provider or institution will be investigated to demonstrate a pattern of negligence.
- Licensing Records: Evidence of violations or sanctions by professional licensing boards may further support your claim.
Life Care Plan and Calculation of Damages
- Future Medical Needs: A life care planner may be consulted to outline your long-term treatment and rehabilitation needs.
- Loss of Income: Documentation of missed work and diminished earning capacity will quantify your financial losses.
- Pain and Suffering: Expert evaluations and personal testimony will highlight the non-economic impact of the malpractice on your life.
Get Our Top-Rated New York Medical Negligence Attorney Bruce Glickman on Your Side
If you or a loved one has suffered due to medical negligence, trust a proven advocate to fight for the justice and compensation you deserve. At Levine & Blit, New York City medical malpractice lawyer Bruce Glickman, with decades of experience in complex New York personal injury claims and medical malpractice litigation, has recovered millions of dollars for patients. His deep knowledge of medical law, combined with a relentless commitment to holding negligent healthcare providers accountable, ensures that your case will be in the most capable hands.
Don’t settle for less – reach out to our NYC medical malpractice lawyers at Levine & Blit now for a free case evaluation and take aggressive action toward maximizing your compensation. Call Bruce Glickman directly at (516) 987-8790. Our firm is available 24/7, and we also speak Spanish.