Medical Malpractice Attorneys in Buffalo, NY

Medical malpractice is far more common than most people think. In fact, more than 11,200 medical malpractice claims were paid to victims in the U.S. in 2023 alone. Medical professionals have a responsibility to provide patients with attentive and timely care. Yet sometimes, medical error or negligence results in serious injury. When this happens, victims of medical negligence can file a medical malpractice case to receive compensation for their injuries. If you or a loved one has been injured due to medical negligence, the experienced medical malpractice attorneys at Hiller Comerford Injury & Disability Law, PLLC can help.

Call Hiller Comerford Injury & Disability Law today to schedule a free consultation and discuss how to get compensated for a medical malpractice injury.

Common Causes of Medical Malpractice

Medical malpractice can happen for many different reasons. Sometimes, it’s caused by negligence on the part of medical staff. Other times, poor judgment or mistakes lead to unintended consequences.

Medical Malpractice Attorneys - Hiller Comerford Injury & Disability Law

Medical facilities bear a responsibility to employ properly trained staff who provide appropriate, attentive care. When they fail to do so, they deserve to be held accountable. Knowing how a healthcare provider’s actions caused or contributed to your injury can help prove you are owed compensation.

Common grounds for a medical malpractice case include:

  • Misdiagnosis: A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, leading to delayed or improper treatment that can worsen the patient’s health. For example, a patient suffering a heart attack may be mistakenly diagnosed with heartburn or acute anxiety.
  • Failure to Diagnose: Failure to diagnose happens when a medical professional overlooks the presence of a condition, depriving the patient of timely treatment and potentially leading to severe complications or worsening symptoms. For example, a doctor may dismiss a patient’s self-described symptoms or fail to order a common test that would have identified the medical condition.
  • Medication Error: Medication errors involve prescribing the wrong drug, incorrect dosage, or failing to account for drug interactions, which can lead to serious harm or adverse reactions for the patient.
  • Surgical and Post-Surgical Failure: Surgical errors or improper post-surgical care can result in infections, complications, or permanent damage, often requiring additional medical procedures or long-term care.
  • Failure to Monitor Recovery: When healthcare providers fail to properly monitor a patient’s recovery, it can lead to missed signs of complications or deteriorating conditions, resulting in preventable harm.
  • Insufficient Training: Medical errors often stem from insufficient training or lack of expertise among healthcare providers, leading to mistakes in diagnosis, treatment, or care.
  • Nursing Home Neglect: Nursing home neglect occurs when staff fail to provide necessary care for residents, leading to injury, malnutrition, bedsores, or worsening medical conditions.
  • Wrongful Death: Wrongful death in a medical malpractice case arises when a patient dies due to negligence or errors by healthcare professionals, leaving families to seek justice and compensation for their loss.

These medical errors are unacceptable. In the worst cases, medical malpractice can result in death. Other serious outcomes of medical malpractice include:

  • Birth defects
  • Paralysis
  • Disfigurement
  • Infertility
  • Heart attack
  • Stroke
  • Brain injury

Many of the injuries caused by medical malpractice can be life-altering. In addition to experiencing an emotional toll, victims or their loved ones may struggle to afford the medical care and treatment needed for the injuries caused by medical malpractice.

While our medical malpractice attorneys cannot restore health to you or your loved one, they can help you acquire the compensation necessary to afford care for these new injuries and offset other resulting costs like lost income.

Medical Malpractice Compensation

Obtaining compensation in a medical malpractice case is a matter of proving that negligence occurred on the part of the medical staff. Parties that can be held financially responsible in a medical malpractice case include:

  • Physicians
  • Surgeons
  • Nurses
  • Hospital staff
  • Specialists
  • Pharmacists
  • Hospital or medical facility

In more complicated cases, a combination of parties may bear responsibility. This situation can make a case longer and more complicated to build, but it can also result in higher compensation.

Once your medical malpractice attorneys establish the grounds of negligence, they determine a target amount for compensation based on demonstrable costs and other damages.

Compensation in a medical malpractice case is divided into economic and non-economic damages.

Economic damages have a financial cost that your medical malpractice attorneys can show through bills, receipts, and pay stubs. These commonly include items like:

  • Medical bills
  • Prescription drugs
  • Medical devices
  • Lost wages and earning ability
  • Lost benefits

In addition to the losses and costs that can be demonstrated, you can also seek compensation for losses that don’t come with a subjective value. These are called non-economic damages, and they include:

  • Pain and suffering
  • Reduced enjoyment of life
  • Mental anguish
  • Emotional distress
  • Loss of companionship
  • Loss of consortium

Your medical malpractice attorneys will get to know you and your case well to fully understand how your medical malpractice injuries might negatively impact all areas of your life. Based on the damage you and your family members have suffered, your attorney will identify an amount to fairly compensate you for the losses.

Statute of Limitations for Medical Malpractice in New York

In New York, the statute of limitations for filing a medical malpractice claim is typically two and a half years (30 months) from the date of the alleged negligent act or omission. This time limit applies to most cases, but there are exceptions that could extend the filing deadline.

One important exception is the “discovery rule,” which allows patients to file a claim within one year of discovering that malpractice occurred, if the injury wasn’t immediately apparent and thus wasn’t discovered until after the deadline had passed. This rule often applies to cases involving foreign objects left inside a patient after surgery.

Additionally, if the malpractice involves a minor, the statute of limitations is paused (or “tolled”) until the child turns 18. However, claims must still be filed within 10 years of the date of the malpractice, even in cases involving minors. Understanding these time limits is crucial, as missing the deadline can result in the loss of your right to seek compensation. Consulting an experienced medical malpractice attorney early can let you know if you’re eligible. Your attorney will ensure you meet the relevant deadline to maximize your chance of a successful claim.

Common Defenses Used by Medical Professionals in Malpractice Cases

Medical professionals and hospitals often employ several common defenses in medical malpractice cases to protect themselves from liability. Some of these defenses include:

  • Unavoidable Complication: The defense may argue that the injury was an unfortunate but unavoidable complication of a medical procedure, not the result of negligence.
  • Contributory Negligence: Medical professionals may claim that the patient’s actions contributed to their own injury, such as failing to follow post-treatment instructions or providing incomplete medical history.
  • Absence of Causation: A frequent defense is to assert that the patient’s injury was not directly caused by the medical provider’s actions, but instead by a pre-existing condition or unrelated factors.

A skilled attorney can effectively counter these defenses by presenting strong evidence, including expert witness testimony, to help prove that the medical provider’s negligence was indeed responsible for the injury. Thorough preparation and a deep understanding of medical procedures allow attorneys to anticipate and dismantle these common defenses.

The Process of Filing a Medical Malpractice Claim

Filing a medical malpractice claim in New York involves several key steps:

  1. Initial Investigation: Before filing a claim, your attorney will conduct an in-depth investigation, including reviewing your medical records and consulting with medical experts to determine if negligence occurred.
  2. Filing the Lawsuit: Once negligence is confirmed, your attorney will draft and file a formal complaint in the appropriate New York court, outlining the details of your claim and the compensation sought.
  3. Discovery: After filing, both sides engage in the discovery process, where they exchange information and evidence. This phase includes depositions, expert testimony, and document review to build the case.
  4. Settlement Negotiations: In many cases, the defense may offer a settlement to avoid trial. Your attorney will negotiate to ensure you receive fair compensation. If a settlement is reached, the case ends here.
  5. Trial: If no settlement is reached, the case proceeds to trial. Both sides present their evidence, witnesses testify, and the judge or jury ultimately decides the outcome and the amount of compensation.

Understanding the process of filing a medical malpractice claim helps ensure you take the appropriate steps at the right time. Working with an experienced medical malpractice attorney ensures that your claim is handled efficiently and that you have the best chance of securing compensation.

The Importance of Expert Witnesses in Medical Malpractice Cases

Expert witnesses play a critical role in medical malpractice cases by helping to establish the standard of care that the defendant should have followed. They offer insight into whether the medical professional’s actions deviated from accepted medical practices and contributed to the patient’s injury. Without expert testimony, it can be difficult to prove that the medical provider’s negligence was responsible for the harm caused.

An expert witness strengthens a malpractice claim by translating complex medical information into terms that a judge and jury can understand. Their testimony not only validates the patient’s claims but also refutes any counterarguments made by the defense. In many cases, the credibility of the expert witness can significantly influence the outcome of the case, making their involvement essential for success.

When you work with our team, we use our network of experts to help build the strongest case possible on your behalf.

Fearless in the Face of Litigation

At Hiller Comerford Injury & Disability Law, we have a track record of fearlessness in the face of trial.

Trials can be time-consuming and expensive, and they require a lot of work on the part of the legal teams involved, which is why many law firms shy away from them. There’s also a higher risk for both parties. Negotiation means that everyone walks away with something, even if it’s not as much as you may get in a jury award. Some attorneys push their clients to accept settlements they may not be happy with because they are afraid of losing at trial.

The attorneys at Hiller Comerford Injury & Disability Law are confident in our skills, and have no fear of litigation. Our experienced trial attorneys know that often, achieving the best outcome for a client involves doing the work required via trial.

It takes skilled representation to build a track record of success at trial, and this is the reputation that our attorneys have earned since Hiller Comerford Injury & Disability Law opened in 1999.

The willingness to take a case to trial doesn’t just result in better outcomes for clients. It also means that when the medical malpractice attorneys from Hiller Comerford Injury & Disability Law head into negotiation, their reputation precedes them.

Attorneys at Hiller Comerford Injury & Disability Law routinely obtain fairer offers and higher payouts in settlement negotiations because the insurance companies are highly motivated to avoid the expense and time commitment of a trial. And they know that the legal professionals from Hiller Comerford Injury & Disability Law aren’t afraid of pursuing litigation.

Personalized Care for Medical Malpractice Clients

Kenneth Hiller opened Hiller Comerford Injury & Disability Law in 1999 as a solo practitioner. Today, the firm has grown to 24 attorneys and 48 additional staff members, with locations across Western New York.

The firm’s growth is a testament to the excellent legal representation clients receive, but attorney-client relationships at Hiller Comerford Injury & Disability Law are still modeled on Kenneth Hiller’s solo practitioner roots.

When you become a client of Hiller Comerford Injury & Disability Law, you work with one attorney from the beginning to the end of your medical malpractice case. Your case is never passed to other medical malpractice attorneys or handed off to another support staff member.

At the core of dedicated, empathetic legal representation lies an attorney’s desire to get to know a client, understand their needs, and fight tirelessly on their behalf. Our dedicated attorneys know that relationship-based representation leads to the most positive client experience and the best settlement outcomes.

Full-Service Representation in Medical Malpractice Cases

Some medical malpractice injuries leave victims permanently unable to work. Often, clients in situations like this hire medical malpractice attorneys to handle their personal injury claim, only to find they must then go out and hire a disability attorney with another firm to gain Social Security disability benefits.

When you choose Hiller Comerford Injury & Disability Law, you avoid such an inconvenience. Instead, you receive full-service representation. The medical malpractice attorneys at Hiller Comerford Injury & Disability Law also provide experienced representation in gaining disability benefits.

Full-service representation reduces the cost and inconvenience of seeking out a new attorney at a different firm to handle disability benefits separately. You also receive the additional asset of a disability benefits attorney who already knows you and the details of your case.

Why Choose Hiller Comerford Injury & Disability Law?

At Hiller Comerford Injury & Disability Law, you will find an impressive team of skilled medical malpractice attorneys who possess the specialized knowledge you need to gain fair compensation after medical malpractice destroys your health and puts a financial burden on you or your family member.

From your initial consultation to the day you receive medical malpractice compensation, the medical malpractice attorneys at Hiller Comerford Injury & Disability Law will be with you every step of the way, providing compassionate, personalized service and aggressive negotiation and representation until you receive the compensation you deserve.

Contact Hiller Comerford Injury & Disability Law, PLLC today to schedule your free consultation with an experienced medical malpractice attorney.