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Date: 12-14-2023

Case Style:

Robert R. Salazar v. United States of America

Case Number: 1:17-cv-03645

Judge: George B. Daniels

Court: United States District Court for the Southern District of New York (Manhattan County)

Plaintiff's Attorney:

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Defendant's Attorney: Rachael Lightfoot Doud, Anthony Jan-Huan Sun, Lara K. Eshkenazi

Description: New York City, New York personal injury lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act medical malpractice negligence theory.

New York Medical Malpractice Law

In New York, medical malpractice law protects patients from harm caused by negligent medical care. If you believe you have been injured due to a doctor's or other healthcare provider's negligence, you may have a claim for medical malpractice.

Key elements of New York medical malpractice law:

Duty of care: The medical professional must have owed you a duty of care to provide competent and safe medical treatment.
Breach of duty: The medical professional must have breached their duty of care by deviating from the accepted standard of care. This means that they did something that a reasonably prudent healthcare provider would not have done in similar circumstances, or failed to do something that a reasonably prudent healthcare provider would have done.
Causation: The breach of duty must have been the proximate cause of your injuries. This means that your injuries would not have occurred but for the medical professional's actions or omissions.
Damages: You must have suffered actual damages, such as physical pain and suffering, emotional distress, medical expenses, or lost wages.

Types of medical malpractice cases in New York:

Misdiagnosis or failure to diagnose: This can occur when a doctor fails to diagnose a condition in a timely manner, or misdiagnoses a condition and provides the wrong treatment.
Surgical errors: This can include performing the wrong surgery, operating on the wrong body part, or leaving surgical instruments or materials inside the patient.
Medication errors: This can include prescribing the wrong medication, administering the wrong dosage, or failing to warn the patient about the risks of a medication.
Anesthesia errors: This can include administering the wrong anesthesia, or failing to monitor the patient properly during surgery.
Hospital negligence: This can include failing to provide adequate nursing care, or failing to maintain a safe hospital environment.

New York's statute of limitations for medical malpractice:

You generally have two years and six months from the date of your injury to file a medical malpractice lawsuit in New York. However, there are some exceptions to this rule, such as for minors and for cases involving foreign objects left in the body.

Seeking legal help:

If you believe you have been the victim of medical malpractice, it is important to consult with an experienced medical malpractice attorney. An attorney can help you understand your legal rights, investigate your claim, and file a lawsuit if necessary.

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Outcome: MEMORANDUM DECISION AND ORDER. Judgment is entered in favor of Plaintiff and against the Government. Plaintiff is awarded $850,000 for Salazm's pain and suffering, $55,000 for loss of services, $50,000 for loss of consortium, $10,000 for medical expenses, and $10,233.75 for funeral expenses, for damages in the total amount of $975,233.75. So Ordered. (Signed by Judge George B. Daniels on 3/31/20) (yv) (Entered: 04/01/2020)

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