Medical Malpractice Lawyers in Rochester

Rochester stands as a cornerstone of medical excellence in Upstate New York, home to prestigious institutions like Strong Memorial Hospital and Rochester General Hospital. Despite the city's reputation for outstanding healthcare, medical errors can and do occur, sometimes with devastating consequences for patients and their families.

If you've experienced medical negligence in Rochester, the Porter Law Group stands ready to advocate for your rights. With decades of experience and a proven track record of securing substantial settlements and verdicts, our firm has earned the trust of countless families throughout the region. Contact us at 833-PORTER9 or info@porterlawteam.com for a free consultation.

Why Choose The Porter Law Group?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.

You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.

When you or a loved one's life has been devastated by a serious personal injury in Rochester, don't hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.

Do I Have a Medical Malpractice Case?

Medical malpractice cases in New York usually require all of the following to be present:

1. A healthcare provider-patient relationship existed and the provider owed you a professional duty of care.
2. The provider failed to act as a reasonably careful provider would have in the same situation (a deviation from accepted medical standards).
3. That lapse caused your injury or a significant worsening of your condition (not just a bad outcome alone). The provider's deviation must be the direct cause of your harm.
4. You suffered measurable harm, such as additional medical treatment, disability, lost income, or serious pain and limitations.

If you believe all four elements are present in your situation, contact the Porter Law Group for a free consultation to discuss your potential claim.

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What is Medical Malpractice?

Medical malpractice emerges when healthcare providers deviate from accepted standards of care, causing harm to patients. To establish a viable case, the key elements listed above must be present.

Recent data shows that medical malpractice claims in New York averaged $481,191 in compensation during 2023, so it's important to secure a good legal team to make sure that you aren't getting stiffed off a measly settlement by unscrupulous insurance companies. Reach out to the Porter Law Group today for a free consultation, and let us walk you through your options for damage recovery.

The following are the most common types of medical malpractice one may experience in Rochester:

Medical Misdiagnosis

Diagnostic Errors In Rochester's fast-paced medical environment represent a significant concern. These errors typically manifest in three critical ways:

• Outright misdiagnosis, where conditions are incorrectly identified leading to improper treatment protocols;
• Delayed diagnosis, allowing conditions to progress unnecessarily;
• False positive diagnoses, subjecting patients to unwarranted treatments and procedures. Each type can significantly impact patient outcomes and quality of life.

Cancer Misdiagnosis or Delayed Cancer Diagnosis

Within Rochester's oncology centers, accurate and timely cancer diagnosis is paramount. Unfortunately, misdiagnosis or delayed diagnosis of cancer remains a persistent issue. The most frequently misdiagnosed malignancies include:

• Prostate cancer, often confused with benign conditions
• Breast cancer, particularly in younger patients
• Lung cancer, sometimes mistaken for respiratory infections
• Colorectal cancer, frequently overlooked in early stages
• Cervical cancer, despite screening protocols
• Endometrial cancer, often dismissed as normal aging symptoms
• Ovarian cancer, notorious for its subtle early symptoms

The Porter Law Group specializes in handling cases of cancer misdiagnosis and delayed cancer diagnosis. We have a proven track record of success for previous cancer patients throughout the State, and we are ready to offer you our services today. We work on a contingency fee basis, so there are no fees unless we win your case.

Birth Injuries

Rochester's maternity units witness thousands of births annually, but when complications arise, the consequences can be life-altering. Birth injuries may result from various factors, including:

Immediate Causes:

• Improper forceps or vacuum extractor usage
• Delayed cesarean section decisions
• Inadequate fetal monitoring
• Oxygen deprivation during delivery
• Medication errors during labor

Contributing Risk Factors:

• Extended labor duration
• Complicated fetal positioning
• Maternal health conditions
• Gestational diabetes complications
• High-birth-weight infants

These injuries can lead to conditions like cerebral palsy, Erb's palsy, cognitive impairments, and other long-term disabilities requiring extensive medical care and support. If your child was injured during birth in Rochester, contact us for a free consultation.

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Surgical Errors

In Rochester's operating rooms, preventable surgical errors can have catastrophic outcomes. Five primary categories of surgical errors include:

• Retained surgical items - instruments or materials left inside patients
• Specimen misidentification - leading to incorrect diagnosis and treatment
• Wrong-site operations - surgery performed on incorrect body parts
• Incorrect procedure execution - performing unintended operations
• Patient misidentification - operating on the wrong individual

These errors often stem from communication breakdowns, inadequate pre-operative verification, or failure to follow established safety protocols. If you were a victim of surgical errors in one of Rochester's many surgical facilities, reach out to the Porter Law Group for a free case evaluation.

Medication Errors

Rochester's healthcare providers handle thousands of medication orders daily. Errors can occur through:

• Incorrect prescription writing or interpretation
• Overlooked drug interactions
• Dosage miscalculations
• Administration timing errors
• Failure to account for patient allergies or conditions

The consequences range from minor reactions to life-threatening complications, particularly affecting elderly patients or those with complex medical conditions. If you were injured because of a medication error in Rochester, contact us today to know more about your legal options.

Other Cases of Medical Malpractice You May Have Experienced in Rochester

You may have also experienced the following cases of medical malpractice in Rochester:

• Proctologist Malpractice
• Nephrologist Malpractice
• OB/GYN Malpractice
• Hospital Infections
• Pathology Malpractice
• Neurology Malpractice
• Primary Care and Family Medicine Malpractice
• Pain Management Malpractice
• Podiatry Malpractice
• Pulmonologist Malpractice
• Oncology Malpractice
• Urology Malpractice
• Pediatric Malpractice 
• Sports Medicine Malpractice
• Neurosurgery Malpractice 
• Ophthalmology Malpractice
• Nursing Malpractice
• Radiology Malpractice
• Orthopedic Malpractice

If you or a loved one have fallen victim to any of the above cases, don't hesitate to contact the Porter Law Group for a free, no-obligation consultation. Remember, we work on a contingency fee basis, so you won't have to pay any up front costs.

Major Medical Facilities in Rochester Where Malpractice May Occur:

• Westfall Surgery Center Malpractice
• Unity Hospital St. Mary's Campus Malpractice
• Monroe Community Hospital Malpractice
• Newark-Wayne Community Hospital Malpractice
• St. James Hospital Malpractice
• Noyes Memorial Hospital Malpractice
• Golisano Children's Hospital Malpractice
• Highland Hospital Malpractice
• Unity Hospital Malpractice
• Strong Memorial Hospital Malpractice
• Rochester General Hospital Malpractice
• UR Medicine Primary Care – Highland Family Medicine Hospital Malpractice
• His Branches Community Health Center Hospital Malpractice
• University of Rochester Medical Center Hospital Malpractice

Are You Suffering From A Medical Malpractice-Related Injury?

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What Damages Can You Receive Compensation For?

Generally, you will be able to pursue economic and non-economic damages for a medical malpractice claim. The following are the possible damages available for victims of medical malpractice in Rochester:

Economic Recovery:

• Immediate and future medical expenses
• Income loss and reduced earning potential
• Rehabilitation costs
• Medical device expenses
• Home modification requirements
• Caregiver expenses
• Transportation costs

Non-Economic Recovery:

• Physical pain endurance
• Emotional trauma impact
• Psychological distress
• Permanent scarring or disfigurement
• Reduced quality of life
• Relationship impacts
• Mental health consequences

Who Can Be Held Liable for Medical Malpractice in Rochester?

Medical malpractice cases are complex. The liability is determined on a case-to-case basis. The following parties may be held legally responsible, depending on the circumstances:

Medical Professionals:

• Attending physicians
• Surgical teams
• Nursing staff
• Medical specialists
• Resident doctors
• Allied health professionals
• Laboratory technicians
• Emergency response teams

Healthcare Facilities:

• Major medical centers
• Community hospitals
• Outpatient facilities
• Urgent care centers
• Medical practices
• Surgical centers
• Rehabilitation facilities

Supporting Organizations:

• Medical device companies
• Pharmaceutical manufacturers
• Healthcare management groups
• Laboratory services

What is the Statute of Limitations for Medical Malpractice Claims in Rochester?

Rochester residents must generally file medical malpractice claims within 2 years and 6 months of the incident. Important exceptions include:

• Ongoing treatment situations
• Cancer misdiagnosis (up to 7 years)
• Foreign object discovery (1 year from discovery)
• Special considerations for minors

You won't have forever to secure your medical malpractice claim, and the deadlines may vary depending on the case, so it's paramount that you seek immediate legal representation to safeguard your rights. Contact us today, and let us walk you through the process of recovering compensation for your medical malpractice case in Rochester.

Frequently Asked Questions

How long do I have to sue in NY?

In New York, most medical malpractice cases must be filed within 2 years and 6 months of the malpractice or the last related treatment, with different rules for minors and certain discovery-based situations. Because these deadlines are strict and fact-sensitive, it is important to have a Rochester malpractice attorney review your timeline as soon as possible.

More specifically, most medical malpractice lawsuits must be filed within two years and six months (2.5 years) of the negligent act or omission, or from the last treatment when there is continuous treatment for the same condition. Special rules can extend or modify this period, including protections for minors (time may be tolled, but generally cannot extend more than 10 years from the malpractice) and certain discovery-based rules such as foreign-object cases and some cancer misdiagnosis cases.

Wrongful-death claims arising from alleged malpractice have their own deadlines, often two years from the date of death, so timing questions should be evaluated quickly.

What causes most malpractice suits?

Many medical malpractice lawsuits arise from diagnostic errors, such as missed or delayed diagnoses, along with surgical mistakes, medication errors, and failures to communicate or obtain informed consent. Research on malpractice claims shows that clinical decision-making problems and communication breakdowns are among the most common contributors to serious patient harm.

Diagnostic errors are a leading driver of malpractice claims, often involving missed, delayed, or incorrect diagnoses in hospital and outpatient settings. Studies of malpractice and diagnostic-error cases show that provider clinical decision-making problems (such as incomplete assessment, failure to order necessary tests, or misinterpreting results) are major contributing factors, along with communication breakdowns between providers and patients or among the care team.

Other common bases for malpractice suits include surgical errors, medication errors and adverse drug events, failures to obtain informed consent, and system-level failures in hospitals and clinics.

How much does a Rochester med-mal lawyer cost?

Most Rochester medical malpractice lawyers charge a contingency fee, so you do not pay attorney's fees up front and the lawyer is only paid if they obtain compensation for you. In New York, these fees are regulated by Judiciary Law Section 474-a, which uses a sliding scale that starts at 30% of the first portion of your recovery and decreases as the amount increases, with case expenses typically reimbursed from the final award.

In New York, medical malpractice lawyers typically work on a contingency-fee basis, meaning the client pays no attorney's fees up front and the lawyer is paid a percentage of the recovery only if the case is successful. Judiciary Law Section 474-a sets a sliding-scale cap on contingency fees in medical malpractice cases; the fee is 30% of the first portion of the recovery and then decreases in steps as the total recovery amount increases.

Case expenses (such as court costs and expert-witness fees) are often advanced by the firm and then reimbursed from any settlement or verdict, so clients generally do not pay out-of-pocket while the case is pending. At the Porter Law Group, we work on this contingency fee basis, ensuring that quality legal representation is accessible to all who need it.

How We Can Help

Our firm understands Rochester's unique medical landscape and provides comprehensive legal support including:

• Detailed medical record analysis
• Expert medical testimony coordination
• Insurance company negotiations
• Strong courtroom representation
• Regular client communications
• Family support throughout proceedings

We operate on a contingency fee basis - you only pay if we secure compensation. Our deep understanding of Rochester's healthcare systems and local courts enables effective case management and optimal outcomes.

Contact Medical Malpractice Lawyers in Rochester Today

If you've suffered from medical malpractice in Rochester, don't navigate this challenging journey alone. The Porter Law Group offers the expertise, resources, and dedication needed to pursue justice and fair compensation. Our proven success record and commitment to client care have established us as Rochester's trusted medical malpractice advocates.

Contact us at 833-PORTER9 or email info@porterlawteam.com for your free consultation. Let our experienced team evaluate your case while you focus on recovery. With the Porter Law Group, you'll have skilled legal professionals fighting for your rights throughout the entire process. Remember, there's no fee unless we win your case.

Don't let medical negligence define your future. Reach out to the Porter Law Group today and take the first step toward securing the compensation and justice you deserve. Our dedicated team stands ready to help you through this challenging time with professional expertise and personal compassion.