Buffalo’s Team for Complex Medical Malpractice Claims
Hiller Comerford Injury & Disability Law handles medical malpractice claims with focus, urgency, and respect for what is at stake. Clients have direct access to the medical malpractice lawyer responsible for their case, not layers of staff or scripted updates. We analyze medical records line by line, identify failures others overlook, and counter insurance strategies designed to undervalue harm.
Mapping Responsibility with Precision
We follow every step of your care to reveal exactly where mistakes occurred. Your lawyer will show the full chain of responsibility, leaving no room for insurers to dodge accountability or question causation.
Coordinating All Connected Claims
Medical injuries often touch multiple areas, such as workers’ compensation, long-term care, or disability benefits. Our medical malpractice and SSD lawyers in Buffalo handle all the deadlines, forms, and paperwork in one place.
Always Ready to Stand in Court
Insurers often hope clients will settle quickly. Every case is built with the expectation that it may be tried before a jury, which strengthens negotiations and protects your position from the start.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
Medical Malpractice Cases We Handle in Buffalo
Medical malpractice is not limited to rare or dramatic mistakes. It often arises from ordinary medical decisions that should have been handled differently, with serious consequences for the patient. Many clients come to us after being told that a complication was unavoidable, only to later learn that proper care, timely action, or closer monitoring could have changed the outcome.
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: A medical professional fails to diagnose when they overlook 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. Families navigating this devastating situation often turn to a Buffalo wrongful death lawyer to pursue justice and financial accountability for their loss.
Errors in medical care often involve multiple providers, competing medical opinions, and records that do not align. A medical malpractice lawyer at our firm will examine each layer of responsibility, reconcile conflicting evidence, and prepare your claim to withstand the technical defenses raised by hospitals, insurers, and medical professionals.
What Damages Can I Recover in a Medical Malpractice Claim?
In New York medical malpractice cases, damages are meant to reflect the full medical, financial, and personal consequences of a provider’s error. These claims go far beyond immediate treatment costs and focus on how the injury changes a patient’s health, independence, and earning capacity over time.
Your medical malpractice attorney in Buffalo must prove each category of loss with medical evidence, expert analysis, and detailed financial documentation. Common damages you can recover include:
- Medical Expenses: Surgeries, hospital stays, medications, ongoing therapy, and adaptive equipment.
- Lost Income: Wages lost during recovery, reduced earning capacity, and career disruptions.
- Support for Daily Life: In-home care, mobility aids, or assistance with personal tasks.
- Emotional and Lifestyle Impacts: Pain, stress, anxiety, and loss of enjoyment of life.
- Future Care Costs: Long-term medical needs, future surgeries, and specialized treatments.
- Punitive Damages: Awarded when negligent or reckless conduct caused serious harm.
- Property Damage: Costs for repair or replacement of personal items affected by the injury.
New York does not cap compensatory damages in medical malpractice cases, but every dollar claimed must be supported. Your attorney will work with medical experts, life care planners, and financial professionals to calculate losses with accuracy and credibility. This approach allows claims to stand up to insurer scrutiny and remain viable in court if litigation becomes necessary.
Why You Need a Medical Malpractice Attorney
Medical malpractice claims demand strategy, precision, and a clear understanding of the medical and legal landscape. A Buffalo medical malpractice lawyer gives you direct access to the full range of legal tools, ensures every potential source of compensation is explored, and coordinates experts to quantify every current and future loss.
A lawyer can make the difference between an undervalued settlement and a claim that fully reflects the impact of your injury.
✓ Gathering and preserving evidence: Medical records, test results, and procedural documentation are collected, and expert evaluations are coordinated to maintain the integrity of your case.
✓ Calculating every loss: Medical experts and life-care planners quantify current and future expenses, lost income, and ongoing care needs, so nothing is overlooked.
✓ Tracing liability and responsible parties: Hospitals, doctors, insurers, and other entities are identified to make sure all potential sources of compensation are included.
✓ Handling insurance and negotiation tactics: Lawyers manage communications, anticipate undervaluing strategies, and counter tactics that could reduce your claim’s value.
✓ Preparing for trial if needed: Cases that cannot settle are ready for court, with lawsuits filed, expert witnesses challenged, and evidence presented persuasively to maximize recovery.
✓ Protecting your recovery and benefits: Settlements are structured to safeguard Medicaid, Social Security, and long-term disability, keeping your net recovery intact.
Your medical malpractice lawyer becomes your advocate, strategist, and point of contact, coordinating all aspects of the claim with precision and care. Every expert, document, and step in your case is organized to maximize compensation and protect your future.
With dedicated representation, your claim is positioned to succeed whether through negotiation or trial, giving you confidence that your rights and long-term security are in capable hands.
How New York Law Defines Medical Malpractice
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 malpractice in New York happens when a healthcare professional deviates from the accepted standard of care and causes injury or harm.
To have a valid claim, a patient must show three key elements under New York law: duty, breach, and causation.
- Duty of care: A doctor, nurse, or medical provider has a legal obligation to provide treatment consistent with accepted medical standards.
- Breach of duty: The provider fails to meet these standards, whether through misdiagnosis, surgical errors, improper medication, or failure to monitor a patient adequately.
- Causation and harm: The breach must directly cause an injury, worsening of a condition, or other measurable harm. Without proof of harm, a malpractice claim cannot succeed.
Legal representation changes how the case is valued and how it is treated. When a lawyer is involved, providers are required to preserve records, expert opinions carry legal weight, and negotiations reflect the full scope of medical and financial loss. The claim is no longer limited to what an insurer is willing to acknowledge.
Watch this video by dedicated Buffalo medical malpractice attorney Timothy Hiller Esq. as he defines medical malpractice and explains your legal rights if you’ve been injured due to medical negligence in New York.
Deadline to File a Medical Malpractice Lawsuit
In Buffalo, most medical malpractice claims must be filed within two years and six months from the date of the injury, as required by New York’s statute of limitations. If the harm is not immediately apparent, the filing period may start from the date the injury was discovered or reasonably should have been discovered.
Special rules apply in certain cases. Claims involving minors generally allow filing until the child’s eighth birthday. Lawsuits against government hospitals or healthcare providers often require a notice of claim within 90 days before filing. Missing these deadlines can bar any recovery, even if the malpractice is evident.
Frequently Asked Questions
Medical malpractice raises many questions for victims in Buffalo. Below are answers to common concerns, plus guidance on how a lawyer can help protect your rights.
Do I need a medical certificate to file a claim?
Yes. New York law requires a certificate of merit from a licensed medical professional. This document confirms that your claim has a valid basis and supports the allegation that a healthcare provider deviated from the accepted standard of care. An attorney can help you secure the certificate and make sure it meets legal requirements.
What is the average medical malpractice settlement in Buffalo, NY?
Settlement amounts vary widely depending on the type of injury, severity, and evidence of damages. Cases involving minor errors, such as a delayed diagnosis of a mild infection, may resolve for tens of thousands of dollars. More serious mistakes, like surgical errors that cause permanent disability or birth injuries, can reach millions.
How long does a medical malpractice lawsuit take in Buffalo?
The timeline depends on complexity, the number of defendants, and whether the case settles or goes to trial. Simple claims may resolve within months, while more complicated cases can take several years. A Buffalo medical malpractice attorney helps keep the process moving efficiently and protects your claim from procedural delays.
How much does hiring a Buffalo medical malpractice lawyer cost?
At Hiller Comerford Injury & Disability Law, clients pay no upfront fees. Our No Fee Guarantee means our legal fees are collected only if we recover compensation. This structure allows victims to pursue their claims without financial risk and work with a Buffalo medical malpractice attorney who will fight tirelessly to secure maximum compensation.
What is the role of witness testimony 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.
