Medical Malpractice

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Thomas P. Valet
Attorney at Law
In Manhattan: (212) 921-5200
Long Island:  (631) 293-2300
Over 30 Years Experience and Over $500 Million Dollars in Settlements and Awards.
Pay No Legal Fees Until I Win or Settle Your Case! Convenient Offices in NYC and Suffolk County NY

Medical Malpractice Lawyers NYC - Thomas Valet - Free Consultation

Medical Malpractice Lawyers NYC - Thomas Valet - Free Consultation

Top Rated NYC Medical Malpractice Lawyer in Manhattan and Suffolk County, Long Island New York

Contact Tom Valet
Contact Tom Valet for a Free Consultation
Thomas Valet is one of the highest-rated medical malpractice lawyers in NYC, as voted on by his peers. You would be hard pressed to find someone who has the experience, knowledge, and reputation Tom has in this area of law. Your pain and suffering, as well as any long-term disability you may have require a medical malpractice attorney who puts your current and future needs first, and will ensure you are properly compensated for the damages you have experienced. Tom can represent you if you live anywhere in New York State.
Top Rated NYC Medical Malpractice Lawyer in Manhattan New York Wins Spine Tumor Case
$6.5 Million Verdict for Failure to Diagnose a Spinal Tumor
This case involved the failure of a chiropractor and several treating physicians to diagnose a tumor on the spinal cord. During preparation of the case, Tom was able to demonstrate that the chiropractor had billed the insurance company for x-rays, but never actually performed the tests. Tom then showed that the client’s treating neurologist waited for nearly a year to obtain approval from the worker’s compensation carrier for an MRI that was needed urgently.

Tom showed that the test could have been performed, and paid for, by her private health insurance.  When the proper diagnosis was finally made, and surgery performed on my client, the tumor had surrounded the spinal cord and could not be removed.  The client lost the use of both legs and now has to spend the rest of their life confined to a wheelchair. Tom took the case to trial and won a verdict of $6.5 million for his client.
Do You Have A Medical Malpractice Case?
What is Medical Malpractice?

The legal term "medical malpractice" is used to describe any unlawful occurrence that involves the deliberate breach of trust between a medical professional and client. Medical professional includes dentists, doctors, physicians, nurses, therapists, and other healthcare providers in the field of medicine.

The malpractice occurs when any medical professional neglects to provide treatment in a standard, safe, and legal manner in regards to their profession, which results in injury to the patient, or even death. Medical malpractice with intent generally falls under four areas:
  • A responsibility was required and never received
  • A professional medical responsibility was breached, and the care was not standard
  • The patient was affected negatively in some manner by the damage
  • The breach resulted in an injury or death
Damage refers to any damages that affected the client in any way, including emotionally, physically, and monetary.

What is Negligence?

Negligence entails the inaction or lack of action out of ignorance on the professional's behalf, which resulted in damage to an individual or group, as opposed to an intent to harm.

Negligence happens when a medical professional disregards basic civil responsibilities or neglects to sustain civil responsibilities as an individual, in which case an individual was hurt. A hurt person is someone who was negatively affected in a financial, emotional, or physical way based on the professional's behavior.

Cases involving negligence include specific components, including breach, duty, damages, and causation. Sometimes breach and duty are combined into a singe aspect of behavior. Every component must be provable for a negligence case to move forward. The term negligence is generally used to categorize the specific details of the individual's case, which can include:
  • Medical negligence
  • Medical malpractice
  • Criminal negligence
  • Neglect
Medical Malpractice vs. Negligence

Though medical malpractice and negligence are often used interchangeably, they are actually two separate legal terms with very separate meanings. Medical malpractice is a form of negligence; whereas, negligence falls between medical malpractice and medical negligence. The main difference between each definition is the intent.

Medical malpractice occurs with an intent to harm, while medical negligence involves the inaction by a healthcare professional, many times without intent, and negligence can occur without or with intent. In each case, evidence regarding the specific responsibility to the individual, the violation of that responsibility, the cause of the after-effects of the violation, and damages must be provided.

In other words, the claim must prove: Since the professional has a responsibility to their patient, it must be resolved that the exact responsibility had been violated, as well as how it had been violated. Next, the relationship between the violation and the aftermath must be proven. And lastly, the damages the negative causation caused to the client.

It is because of the similarity between these elements that the terms medical malpractice, medical negligence, and negligence are often used interchangeably, even though they are different.

Thomas Valet, working with you as your NYC Medical Malpractice Attorney understands how confusing the details of your case can be, as well as the importance of understanding these details to take the proper course of action, and will assist you throughout every step of your legal case, so you can proceed with confidence.
Tom Valet NYC Medical Malpractice Attorney Wins $2.8 Million Verdict for Mistaken Removal of a Client’s Kidney
$2.8 Million Verdict for Mistaken Removal of a Client’s Kidney
This case involved a woman who underwent routine surgery to remove uterine fibroids. During the surgery, the physician mistook the client’s left kidney, believing it was a fibroid. 

The defense was that the kidney was in an abnormal anatomic location, but during the deposition of the defendant physician, Tom discovered that a videotape of the operation existed, and was able to demonstrate that the kidney was visible on the videotape as the surgeon cut it out. The case was tried to a verdict of $2.8 million and subsequently settled for a confidential amount.
Some Common Examples of Medical Malpractice

NYC Medical Malpractice Lawyer Thomas Valet specializes in various medical malpractice cases. Some of the most common examples of medical malpractice caused by hospitals and doctors include:

Surgical Errors - Sometimes medical malpractice can occur from errors made in the operating room. For instance, the nursing staff might fail to administer postoperative care in a sufficient manner, which could result in serious complications, such as infections, or a surgeon might fail to provide standard care during the operation itself. For example, leaving surgical instruments in the body, operating on the wrong body part, or puncturing internal organs.

Anesthesia Errors - Anesthesia errors are dangerous. Even the slightest error made by an anesthesiologist can cause permanent damage, including brain damage or even death. Anesthesia errors can be made by the anesthesiologist during or before surgery including:
  • Neglecting to alert the patient of the risk involved if preoperative instructions are not followed correctly
  • Administering too much anesthesia to the patient
  • Neglecting to monitor the patient's vital signs
  • Neglecting to probe the patient's medical history for possible complications
  • Using faulty equipment
  • and more
Tom Valet NYC Medical Malpractice Lawyer in Manhattan New York $1.7 Million Settlement for a Delay in Diagnosing Lung Cancer
$1.7 Million Settlement for a Delay in Diagnosing Lung Cancer
Tom recently settled the case of a woman in her 40's who had presented to a local clinic with complaints of constant coughing. An x-ray was taken, which was read as negative. She was told she had pneumonia. 

14 months later another x-ray was taken which showed a large lesion in the right lung. Testing showed the client had lung cancer. Tom obtained the first x-ray that had been read as negative and reviewed it with one of the experts he works with. It clearly showed the early signs of the cancer. A lawsuit was started against the physician who had misread the x-ray. Although he denied responsibility, on the eve of trial the defendant physician agreed to settle the case for $1.7 million.
Misdiagnosis - Misdiagnosis accounts for a significant number of medical malpractice complaints. Delayed diagnosis is another common problem. When a physician misdiagnoses a condition, or fails to diagnose a severe disease in an adequate time, it could prevent the patient from receiving treatment that could have prevented serious damage or death.

To prove a medical malpractice claim based on misdiagnosis or delayed diagnosis, a comparison of what the treating physician did or failed to do to how other skilled doctors within the same area of study would have proceeded with the case, is often used. If a reasonably competent physician would not have made the diagnostic mistake under the same circumstances, then the treating physician may be legally accountable for malpractice.

Tom Valet is one of the highest rated NYC Medical Malpractice Lawyers. He is highly experienced in medical malpractice claims involving misdiagnosis, which are often difficult to prove, and can employ our assembled team of professionals, which includes a consulting staff of doctors, to help prove your case.
Tom Valet NYC Personal Injury Lawyer in Manhattan New York wins $7.5 Million Record Settlement in Lawsuit Against New York State
$7.5 Million Record Settlement in Lawsuit Against New York State

Tom Valet reached a settlement with the State of New York in which the State agreed to pay what is believed to be the largest settlement ever in a medical malpractice case. Tom’s client was a four month old baby who underwent routine heart surgery at Downstate Hospital in Brooklyn to correct a minor heart defect. While in the ICU, the child’s breathing tube became clogged with mucous, cutting off her air supply. 

The alarms on the monitors had been turned off by the nurses because they were “disruptive” so that when the child stopped breathing and went into cardio-respiratory distress. The nurses did not respond, and there was a delay responding to the crisis. By the time the nurses responded and started CPR, the child had suffered severe brain damage due to lack of oxygen. The $7.5 Million settlement Tom won on behalf of his clients was the largest in the history of New York State.
Childbirth Injuries - Various fetal injuries can be caused as a result of medical malpractice, including damage to the hands and arms, also known as erbs and Klumpke's Palsy, brain damage, seizure disorders, Cerebral Palsy, and fractured bones.

An obstetrician or physician's negligence can occur before or during childbirth and can result in injury to the fetus, the baby, and the mother. Some of the most common causes of childbirth injury include:
  • Failure to diagnose a disease that could be contagious to the mother's fetus, such as neonatal lupus or genital herpes
  • Failure to recognize birth defects
  • Failure to respond to signs of fetal stress
  • Unskillful use of a vacuum extractor or forceps
  • Failure to recognize tubal pregnancies
  • Failure to order a Cesarean section when one was fitting
  • Failure to foresee birth difficulties due to an entangled umbilical cord or the baby's large size
  • and more
Contact NYC Medical Malpractice Attorney Thomas Valet for a Free Medical Negligence Consultation
Contact Tom Valet for a Free Consultation

Contact NYC Medical Malpractice Attorney Thomas Valet for a Free Medical Negligence Consultation

Medical negligence and medical malpractice is a complicated process that has to be left to experts. Choosing Thomas Valet as your medical malpractice is the first step towards determining your damages and the compensation you are entitled to for your pain and suffering.

Thomas Valet is one of the best medical practice attorneys in NYC, as voted on, by other NYC Lawyers. It is hard to imagine you not contacting Tom for a free legal consultation. He has the knowledge, experience, and respect of his peers to represent your best interests and advise you on how to move forward. There are no legal fees until financial compensation is achieved.

Thomas Valet has Legal Offices in NYC Manhattan New York 10038 and on Long Island in Islandia in Suffolk County NY 11749, 
Located Near Nassau County NY. Pay No Legal Fees Until Tom Wins or Settles Your Medical Malpractice Case.
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