Buffalo Medical Malpractice Lawyer

When a medical procedure leads to further injury, you need a plan forward and clear answers about your options. A Buffalo, New York medical malpractice lawyer at Lewis & Lewis, P.C. can help you assess your situation. We provide straightforward guidance to people who have been harmed by a medical error.

You have questions about what happened and your options. Our firm focuses on providing the information you need to make informed decisions about your future.

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Why Choose Lewis & Lewis, P.C. for Your Medical Malpractice Claim?

Lewis & Lewis, P.C. has served the people of Buffalo and Western New York for generations. We combine deep local roots with a long history of pursuing accountability.

Decades of Western New York Experience

Our practice has been helping injured people in the Buffalo area for over 80 years. Our attorneys have an interest in the wellness of our neighbors and a unique perspective on the community we serve. 

Our Buffalo medical malpractice lawyers investigate claims involving hospitals and medical providers throughout Erie County, including ECMC, Buffalo General Medical Center, Oishei Children’s Hospital, and Catholic Health facilities. 

We’re familiar with the practices and procedures of these institutions and medical groups, allowing us to effectively scrutinize the care you received. Our attorneys know the local courts and the legal landscape of Erie County, and we know how to investigate complex claims against medical facilities throughout New York.

A History of Success

The attorneys at Lewis & Lewis, P.C. have recovered over $1 billion for our clients. We prepare every claim with meticulous attention to detail because we believe in building strong cases for the individuals we represent. 

Client-Centered Representation

We’ve helped clients from neighborhoods across the city, from the historic streets of Allentown to the family-oriented communities in Parkside. Our Buffalo medical malpractice lawyers are easy to reach. We’re always open to chat about your case and will update you on your status throughout the process.

What Constitutes Medical Malpractice in New York?

The law defines medical malpractice as a specific type of failure by a healthcare provider. It occurs when a doctor, nurse, hospital, or other medical professional causes an injury to a patient through a negligent act or omission. Proving a medical negligence claim involves demonstrating several key elements.

Your Buffalo medical malpractice lawyer must show that the provider’s actions deviated from the accepted standards of practice within the medical community.

Topic	Key Details	Why It Matters for Patients
Definition of Medical Malpractice	Occurs when a healthcare provider’s negligence or failure to meet accepted medical standards causes injury to a patient.	Establishes the legal basis for filing a malpractice claim.
Standard of Care	The level of skill and care that a reasonably competent medical professional would provide under similar circumstances.	Determines whether a provider’s actions were negligent.
Causation	The requirement to prove that the provider’s mistake directly caused the patient’s injury.	Without proving causation, a malpractice claim cannot succeed.
Damages	Financial and personal losses resulting from the injury, including medical bills, lost income, and pain and suffering.	Determines the compensation a patient may recover.
Certificate of Merit	A document required in New York confirming that a lawyer consulted with a qualified physician who believes the claim has merit.	Prevents unsupported malpractice lawsuits from being filed.
Statute of Limitations	In most cases, patients have 2 years and 6 months to file a medical malpractice lawsuit in New York.	Missing this deadline can prevent a patient from pursuing compensation.
Common Medical Errors	Includes misdiagnosis, surgical mistakes, medication errors, birth injuries, and anesthesia errors.	Helps patients recognize situations where malpractice may have occurred.
Potential Compensation	May include medical expenses, lost wages, reduced earning capacity, pain and suffering, and emotional distress.	Provides financial support for recovery and long-term needs.
Legal Process	Typically includes investigation, filing a complaint, discovery, settlement negotiations, and possibly a trial.	Helps patients understand what to expect when pursuing a claim.

The Standard of Care: What a Reasonable Doctor Would Do

The standard of care is a central concept in these cases. The law defines it as the level of care and skill that a reasonably competent healthcare professional, with a similar background and in the same medical community, would have provided under the circumstances. 

A doctor’s actions aren’t judged against perfection. Instead, their conduct is compared to that of their peers. Your attorney works to establish what that standard was and how your provider failed to meet it. This often involves a detailed analysis of medical procedures and protocols.

New York law generally requires a Certificate of Merit to be filed with the complaint in a medical malpractice case, affirming that an attorney has reviewed the facts of the case, consulted with at least one licensed physician, and concluded that there is a reasonable basis for the lawsuit.

Proving a Direct Link Between the Error and Your Injury

An unfavorable medical outcome doesn’t automatically mean malpractice. Your Buffalo medical malpractice attorney must draw a direct line from the healthcare provider’s breach of the standard of care to the injury you sustained. This element, known as causation, is a critical part of any medical negligence claim.

The evidence must demonstrate that the injury would not have happened if the provider had acted appropriately. For instance, your lawyer may work to uncover evidence that shows how a delayed diagnosis directly allowed a condition to worsen. Establishing this link is fundamental to the case.

Documenting Your Harms and Losses

Finally, a successful claim must prove that the injury resulted in specific damages. These damages can include economic losses, such as additional medical bills and lost wages from being unable to work. They also include non-economic harms, like physical pain and emotional suffering.

You need to document these losses properly, but your lawyer can help. Medical records, employment information, and other evidence paint a full picture of the injury’s impact on your life. 

A detailed accounting of your losses strengthens your position during negotiations.

If the insurer is unwilling to offer a fair settlement, your lawyer can file a lawsuit and take your fight to court.

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How Long Do I Have To File a Medical Malpractice Claim in New York?

The time limit for filing a medical malpractice lawsuit in New York is generally two years and six months from the date of the malpractice, or from the end of a continuous course of treatment for the same illness or injury with the negligent provider. This is known as the statute of limitations.

There are limited exceptions to this rule, such as when a foreign object is discovered in the body. In those cases, you may have one year to file from when you discovered it or when you reasonably should have discovered it. Additionally, in cases involving minors, the statute of limitations may be extended. 

Common Types of Medical Negligence Claims

Medical errors can happen in many different settings, from a local clinic to a major hospital. Our experienced Buffalo medical malpractice attorneys recognize the patterns of negligence that appear across various medical fields, from birth injuries to failed cancer diagnoses.

Lewis & Lewis, P.C. represents clients in a wide range of medical malpractice cases. Our firm handles claims against individual practitioners and large healthcare systems. We know how to investigate these complex cases to identify the responsible parties and build a strong claim based on the facts. 

Common types of medical negligence include:

• Misdiagnosis or Delayed Diagnosis: A physician fails to correctly identify a patient’s illness in a timely manner, leading to a worse outcome.
• Surgical Errors: A surgeon makes a preventable mistake during an operation, such as operating on the wrong body part or leaving a foreign object inside the patient.
• Birth Injuries: A medical professional’s negligence before, during, or shortly after delivery causes harm to the infant or the mother.
• Medication Errors: A patient receives the wrong medication, an incorrect dosage, or a drug to which they have a known allergy, resulting in harm.
• Anesthesia Errors: Mistakes made by an anesthesiologist, such as administering the wrong type or amount of anesthesia, or failing to monitor a patient’s vital signs during a procedure, leading to serious injury or death.
• Failure To Treat: A medical professional properly diagnoses a condition but then fails to recommend or provide the appropriate course of treatment, leading to a worsening of the patient’s condition.

What Compensation Is Available in a Medical Malpractice Claim?

If your medical malpractice claim is successful, you may be able to recover compensation for the various harms you have suffered. The legal term for this compensation is damages. These damages are typically separated into two main categories. 

Economic damages cover your tangible, out-of-pocket financial losses, while non-economic damages address the more personal, non-financial impacts of the injury. A thorough claim will seek to account for every loss you have experienced. 

Common damages you may be able to pursue include:

• Past and Future Medical Bills: This includes reimbursement for all hospital stays, corrective surgeries, doctor’s appointments, prescription medications, and rehabilitation therapies resulting directly from the medical error.
• Lost Income and Benefits: You may be compensated for the wages, salary, and employment benefits, such as health insurance or retirement contributions, that you lost while unable to work during your recovery.
• Diminished Earning Capacity: If the injury permanently affects your ability to perform your job or forces you into a lower-paying profession, you may be able to recover damages for this loss of future income.
• Physical Pain and Suffering: This compensates you for the physical pain, discomfort, and general suffering you have endured due to the injury.
• Emotional Distress: This addresses the significant mental and emotional harm caused by the medical error, which can include anxiety, depression, fear, and sleep disturbances.
• Loss of Enjoyment of Life: You may be able to receive compensation for the injury’s impact on your ability to participate in and enjoy hobbies, recreational activities, and social events that were important to you before the incident.
• Permanent Disfigurement or Disability: This form of compensation is for the long-term consequences of a permanent injury, such as scarring, amputation, or the loss of a bodily function.

Catastrophic Injuries From Medical Errors

While any medical error can cause harm, some mistakes lead to life-altering or fatal consequences. These catastrophic injuries forever change the lives of patients and their families. They often require a lifetime of expensive medical care, assistive devices, and personal support.

Cases involving catastrophic injuries are particularly complex. They demand a deep investigation and a complete accounting of the immense long-term costs associated with the harm. 

Lewis & Lewis, P.C. has the background to handle these serious claims and fight for the resources families need to move forward. We recognize the profound impact these injuries have and approach these cases with determination. 

Examples of these devastating outcomes include:

• Traumatic Brain Injuries: A mistake, such as an anesthesia error, that deprives the brain of oxygen can cause permanent cognitive or physical disabilities.
• Spinal Cord Injuries: A surgical error or a mismanaged condition can result in damage to the spinal cord, leading to paralysis or other severe neurological problems.
• Birth Injuries: Negligence during pregnancy, labor, or delivery may cause a baby to suffer a serious injury, such as brain damage, leading to lifelong disabilities and ongoing care needs.
• Amputation: A failure to diagnose an infection or a circulation problem may lead to the unnecessary loss of a limb.
• Wrongful Death: A medical professional’s negligence may directly cause the death of a patient, leaving their family to cope with the emotional and financial loss.

FAQ for Buffalo Medical Malpractice Lawyer

What Is the First Step I Should Take if I Suspect Medical Malpractice?

Your immediate priority is your health, so get a second opinion from a different, unaffiliated doctor or medical facility to assess your condition and get the appropriate treatment. Keep detailed records of all your new medical appointments, diagnoses, and treatments. 

Once your health is stable, contact a Buffalo medical malpractice lawyer to discuss the situation and preserve important evidence.

Can I Sue a Hospital as Well as the Doctor?

Yes, it’s possible to file a claim against a hospital as well as a physician. A hospital can be held liable for its own negligence, such as failing to maintain a safe environment or hiring unqualified staff. It can also be held responsible for the negligence of its employees, like nurses or technicians, under a legal concept known as vicarious liability.

How Does a Lawyer Prove a Doctor’s Actions Were Below the Standard of Care?

Proving a breach in the standard of care typically requires the testimony of another medical professional. Your Buffalo medical malpractice attorney will retain a qualified medical reviewer in the same specialty to review your records. 

This individual will provide a professional opinion stating that the defendant doctor’s conduct fell below the level of skill and care expected of a competent peer under similar circumstances.

What Kind of Information Do I Need To Give My Buffalo Medical Malpractice Lawyer?

When you meet with a Buffalo medical malpractice lawyer, provide as much detail as possible about your medical treatment. Bring any medical records you have, a list of all healthcare providers you saw, and a timeline of events. Also, share information about your injury’s effect on your life, including your physical symptoms, missed work, and medical bills.

Does Filing a Complaint With the Medical Board Affect My Lawsuit?

Filing a complaint with the New York State Office of Professional Medical Conduct is a separate process from filing a civil lawsuit. The medical board investigates allegations of misconduct to determine whether a doctor should face professional discipline, such as a license suspension. 

While the board’s findings are separate, the information gathered can sometimes be relevant to your lawsuit, but one process doesn’t control the other.

Take the Next Step

You don’t have to find the answers to your questions alone. The legal team at Lewis & Lewis, P.C. is ready to listen to your story and provide a clear, honest evaluation of your legal options. We have been a trusted advocate for the injured in Buffalo and Western New York for over 80 years. Let us help you get the clarity you need. 

Contact our office online or call at (716) 442-8885 to discuss your case with an experienced member of our team. 

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