Medical Malpractice: The Fight for Accountability in a Breach of Trust

For New Yorkers, trust is paramount. We rely on the competence of our healthcare professionals with the most critical aspect of our lives—our health and the health of our families. When that trust is fundamentally broken by a preventable medical mistake, the consequences are devastating. It is not an unavoidable accident; it is a breach of the standard of care, and it demands accountability.

At Awad & Baker Law, we have built a practice on exposing these preventable failures. With over four decades of experience and a track record of securing record-setting settlements and verdicts in complex medical cases—including for the families of our union tradespeople—we understand that justice requires more than passion. It requires meticulous command of both law and medicine.

This is not a fight for revenge; it is a fight for truth, transparency, and the financial security needed to restore a life changed by negligence.

1. The Anatomy of a Medical Mistake: Defining the Breach of Care

A successful medical malpractice claim hinges on proving that a healthcare provider deviated from the accepted standard of care and that this deviation directly caused harm to the patient. This standard of care is the level of skill and diligence that a reasonable provider in the same field would exercise under the same circumstances.

In our practice, we frequently encounter cases involving several key areas of failure:

• Delayed or Missed Diagnosis: This is one of the most devastating forms of malpractice. Critical conditions like cancer, heart disease, or internal bleeding are missed because a doctor failed to order necessary tests, misinterpreted results, or failed to take a patient’s symptoms seriously. These lost months or years are often irreversible.

• Surgical Errors: These range from operating on the wrong body part (wrong-site surgery) to leaving surgical instruments inside the patient, or failing to properly manage a patient’s condition post-surgery.

• Medication Errors: Mistakes in prescribing the wrong drug, the wrong dosage, or failing to check for dangerous drug interactions can lead to life-threatening complications.

• Birth Injuries: Negligence during labor and delivery, such as failing to monitor fetal distress or delaying a necessary C-section, can result in permanent brain damage or lifelong disability for a child.

• Nursing Negligence: Failures in hospital or nursing home settings, such as improper monitoring of vital signs, failure to prevent bedsores (pressure ulcers), or errors in administering patient medications.

When these mistakes occur, the patient is left fighting for their health while simultaneously battling a powerful, centralized industry determined to shield itself from liability.

2. The Critical First Steps: Protecting Your Health and Your Case

The shock and confusion following a suspected medical mistake can make it difficult to think clearly. However, the first few days and weeks are critical for both your health and your legal protection.

A. Prioritize Your Current Health: If you suspect an error, your immediate priority is to seek competent medical care from a different provider. Your health cannot wait for a legal investigation. Documenting the new diagnosis and treatment plan is essential, as this creates a clinical record that outlines the mistake made by the previous provider.

B. Resist the Rush to Talk: After a serious injury, whether from a car crash or a surgical mistake, hospitals and their insurance adjusters are trained to move fast. They may ask you to sign privacy waivers or provide recorded statements. Do not speak to anyone from the insurance company without legal counsel. Anything you say can be used by defense counsel later to minimize the extent of your injury or shift blame.

C. Preserve Everything You Have: While your attorney will obtain the official records, you should immediately gather any documentation you possess: appointment confirmations, discharge papers, medication lists, and, crucially, a detailed, chronological journal of your symptoms, conversations with doctors, and the physical and emotional effects of the injury. Medical records often omit the full human experience—your journal fills that gap.

3. The Battle for the Medical Record: Technology Meets Forensic Analysis

The most difficult challenge in medical malpractice litigation is proving causation. Healthcare defense teams are highly sophisticated, relying on complexity to overwhelm and confuse. This is where the meticulous preparation and technological edge of Awad & Baker Law become decisive.

The Record is Only a Starting Point: We understand that the official medical chart is often incomplete or deliberately opaque. Records can be thousands of pages long, filled with jargon and electronic data that obscures the timeline of the negligence. Our team uses specialized legal technology to process, digitize, and analyze these vast records in ways the defense cannot anticipate. We look for deleted entries, suspicious timing, and discrepancies that reveal a deviation from the standard of care.

The Necessity of Elite Expert Witnesses: A successful malpractice case cannot proceed without the support of a qualified medical expert who can testify that the defendant deviated from the standard of care. Due to the high-stakes nature of these cases, we have the resources to consult and retain the leading forensic medical experts in the country—doctors and specialists who can educate the jury on complex surgical procedures, diagnostic protocols, and causation. We leverage this intellectual capital to translate complicated science into compelling, understandable facts for the jury.

Defending the Verdict: Appellate Advocacy: When we secure a substantial recovery—which we have done in over 140 million-dollar cases—the defense rarely surrenders. They take the fight to the Appellate Division. Our firm’s experience is unique: Awad Baker Law is equally skilled at securing a favorable verdict in the trial court and vigorously defending it on appeal, ensuring the justice we win is irreversible.

4. The Union Connection: Protecting Hard-Working Families

Our commitment to accountability is particularly relevant to our brothers and sisters in the union trades, including Local 3 electricians. A severe medical mistake—such as a delayed cancer diagnosis or a botched orthopedic surgery—has cascading effects on a tradesperson:

• Loss of Livelihood: The physically demanding nature of their work means that even a moderate injury, if mismanaged, can threaten their ability to return to the trade, jeopardizing their accumulated pension and benefits.

• Trust in Union Health Systems: Union members often utilize specific facilities and doctors within their health network. When that system fails, the breach of trust hits the entire community.

We are proud to serve as Preferred Counsel for Local 3 IBEW. We understand that securing compensation isn't just about covering bills; it's about protecting the lifetime of hard work that was meant to support their family's future. Our comprehensive approach ensures that the full value of a tradesperson's loss—including the potential loss of future union earnings and benefits—is accounted for.

Conclusion: Your Future is Our Fight

A medical mistake forces a client into a crisis they did not ask for. The team at Awad & Baker Law strives to be the steady hand of expertise and unwavering compassion clients need in that crisis. The firm rejects the notion that justice should be reserved for those who can afford an upfront retainer, which is why cases are taken on a contingency fee basis, and a free, confidential consultation is offered.

The firm's dedication to justice is reinforced by the legacy of its founders, including service on the Governor’s Medical Malpractice Task Force and leading the pro bono work for 9/11 families through Trial Lawyers Care.

If you or a loved one in New York has suffered harm due to medical negligence, don't wait for the evidence to disappear. You deserve answers, accountability, and the resources needed to rebuild your life.

Contact Awad & Baker Law today for a free, confidential consultation. Let the firm hear your story and begin the fight for the justice you deserve.