Find Dedicated Medical Malpractice Lawyers on Long Island, NY
Long Island and New York in general are known for having some of the best medical professionals who perform life-saving medical procedures on a regular basis. However, there are still many medical professionals who commit acts of medical negligence that cause innocent victims to suffer injuries or death. The consequences of medical malpractice injuries can be minor if a patient is lucky, or they can be catastrophic and debilitating for those patients who are not so lucky. In such cases, the top malpractice lawyers in Long Island can help you seek justice.
The Long Island medical malpractice attorneys at Parker Waichman LLP dedicate a large portion of their law practice to protecting the rights of individuals who have suffered injuries through no fault of their own. Medical malpractice victims face a long road to recovery and may never be the same again after suffering these injuries, but victims and their loved ones may find peace of mind by speaking with a Long Island medical malpractice attorney about a potential medical malpractice lawsuit.
What Is the Basis for Long Island Medical Malpractice Lawsuits
Because medical professionals have specialized degrees and training, they are held to a higher standard of care than someone who is not a medical professional. When evaluating whether a medical professional has been negligent, their conduct is measured by what a reasonable medical professional would do in the same or similar situation. If a medical professional’s conduct does not meet this standard of care and there is a link between their conduct and a patient’s injuries, the medical professional may be found liable for causing the injuries. Proving such a link can be difficult for even the best medical malpractice lawyers. Long Island malpractice victims should know, however, that Parker Waichman has a proven track record of success over many years in this area of law.
The following conditions must be proven in a medical malpractice case:
- The medical professional had a duty to provide care to the injured patient that any other reasonably prudent medical professional would provide in the same field and in the same or similar situation.
- The medical professional breached their duty of care to the patient by failing to meet the standard of care.
- The medical professional’s failure to meet the standard of care caused a patient to suffer injuries.
- The patient did, in fact, suffer identifiable injuries and measurable damages because of the medical professional’s conduct.
Because we are all humans, mistakes are going to happen. However, medical professionals who take on the responsibility of protecting human lives must adhere to a certain standard to prevent injuries from happening. More often than not, injuries sustained in cases of medical malpractice are preventable. Our medical malpractice lawyers on Long Island can help you determine whether or not you have a case for compensation.
The Most Common Types of Medical Malpractice in Long Island
Medical malpractice can be committed in a variety of ways, including:
- Failure to diagnose a medical condition, misdiagnosis of a medical condition or delayed diagnosis of a medical condition
- Radiology errors (failure to accurately read and interpret diagnostic imaging, such as X-rays, MRIs, CT scans, mammograms, and ultrasounds)
- Surgical errors
- Anesthesia errors
- Failure to obtain informed consent before operating on a patient
- Prescription errors (prescribing or dispensing a medication that conflicts with the patient’s other medications)
- Lack of postoperative follow-up care to identify complications associated with a procedure
- Birth injuries
Many patients who suffer injuries suspect that something went wrong, but it can be difficult to pinpoint exactly what went wrong until a qualified Long Island medical malpractice attorney evaluates their case and determines that there is a link between a medical professional’s conduct and a person’s injuries.
How Medical Experts Are Used in Long Island Medical Malpractice Cases
All medical malpractice cases use medical experts to help support each side’s case. For example, an injured plaintiff will have experts who evaluate the case and testify that a doctor or other medical professional failed to meet the standard of care and caused a patient to suffer injuries. Likewise, the defendant will also have experts to testify that the defendant did not fall below the standard of care and that the injuries were not caused by the defendant’s negligent conduct.
Even if medical malpractice seems so evident that a non-expert can see it, highly qualified medical experts will still be required. They will accurately evaluate what went wrong and why the medical professional is to blame for committing medical malpractice and causing an innocent person to suffer injuries or death. You’ll also need good medical experts when you hire a medical malpractice attorney. Long Island clients with our firm can rest assured that we’ll find the right medical experts for each of our malpractice cases.
Damages Resulting From Medical Malpractice on Long Island
Some injuries resulting from medical malpractice may be temporary. However, most cases of medical malpractice lead to injuries that require lifelong medical treatment or the need for future medical procedures. Physical pain is one of the most substantial consequences of medical malpractice, and managing this pain may require the use of medications, some of which may be addictive. Injuries may also require physical therapy to fully heal. The emotional consequences of a medical malpractice injury can be equally debilitating and can take a toll on an injured person’s family. The effects of Long Island medical malpractice injuries are far-reaching, and victims of medical malpractice may rightfully wish to seek compensation for their suffering. When you choose to work with an experienced malpractice lawyer on Long Island with our firm, we’ll fight for every penny of the economic and non-economic compensation you deserve.
Medical costs are one of the main reasons why people file for bankruptcy. In medical malpractice cases, the bills can reach into the six-figure range or even exceed $1 million. This debt puts a strain on the entire family, both financially and psychologically.
Lost wages and the inability to work also make an injured individual’s economic situation more stressful. Without the ability to go to work and make a living, the injured person may be unable to make ends meet. Another family member may have to take on extra work to support the family. Lost income only adds to the already stressful situation of trying to keep up with medical bills.
Lost wages due to an inability to work and medical expenses are all measurable damages, and a medical malpractice lawsuit will seek reimbursement of such damages. But damages for pain and suffering are not easily measured, and a jury can decide what amount it believes is fair given the severity of a person’s injuries and the prognosis for the injured person’s recovery. Our experienced malpractice attorneys on Long Island are skilled at conveying the full extent of how a person’s injuries have affected their life, maximizing the amount of potential compensation.
The Statute of Limitations for New York Medical Malpractice Cases
One of the biggest hurdles to filing a Long Island medical malpractice lawsuit is the statute of limitations, which is a limitation on how long an injured person has to file a lawsuit. If the deadline has passed to file a medical malpractice lawsuit, it could be too late to ever bring a claim in court. Anyone wishing to file a medical malpractice lawsuit in New York should be aware of the following statutes of limitations:
- Medical Malpractice: A person injured because of medical malpractice has two and a half years from the date of injury or last date of continuous treatment to file a lawsuit.
- Wrongful Death: The representative of a deceased victim’s estate has two years from the loved one’s date of death to file a lawsuit for wrongful death related to medical malpractice.
- Exceptions to the General Rules: In some cases, the statute of limitations may be extended. For instance, if a doctor fails to diagnose cancer, a patient may not discover this error for months or even years; in these cases, state law allows the clock on these legal claims to begin when the cancer is discovered. Because of exceptions like this one, the statute of limitations for a specific case may be tricky to determine, which is why it’s important to find an experienced Long Island medical malpractice attorney to help you with your case.
Filing a lawsuit after the statute of limitations has passed is a common reason why cases get dismissed from court. Determining the last date on which a lawsuit can be filed is the most important first step when an injured person contacts a Long Island medical malpractice attorney. It can be devastating for a severely injured person to suffer and miss the opportunity to file a medical malpractice lawsuit against the person responsible for causing their injuries. It cannot be stressed enough just how important it is to speak with an attorney right away after sustaining injuries. When you contact our medical malpractice lawyers, Long Island, NY, residents can be confident that we will understand and apply the right strategy with respect to the statutes of limitations.
What You Should Know When Considering Legal Action for Medical Malpractice in Long Island
Medical malpractice lawsuits can be time-consuming and complex, especially if a person’s injuries are severe and permanent. Before considering legal action, it’s important to have a general understanding of how the process works. While legal matters can be stressful, the right Long Island medical malpractice attorney can help a client move through the process with as little stress as possible. An injured person can expect to go through the following steps when pursuing legal action:
- Free Consultation: An initial case review is the first step in the legal process. An attorney will review the basic facts of the case with the potential client to determine if their injuries may have been the result of medical malpractice.
- Case Determination: After evaluating all available facts, the attorney will determine if a medical malpractice case can be filed. If a case is rejected, the attorney will explain the reason for rejection. If a case is accepted, a medical expert will be consulted to secure their testimony supporting the claim that the malpractice occurred due to a departure from accepted medical practice and this departure was the cause of the injuries.
- The Lawsuit: Once the attorney and client agree to move forward, a complaint for damages and a jury demand will be filed.
- The Investigation Stage: After a case is filed, the discovery process will begin, which is the stage in which the parties exchange information and gather evidence to support their side of the case. There will be an exchange of documents, and depositions will be taken of witnesses and medical experts.
- Mediation and Settlement Negotiations: While some cases may be settled before even going to court, settlement negotiations in most cases do not begin until closer to the trial date. Mediation is one way to discuss a potential settlement, using a neutral third-party mediator who can help facilitate communication between the parties.
- The Trial: If a case has not been settled by the time of trial, the case will be heard before a jury that will decide whether the injured person is entitled to compensation and the defendant is at fault for medical malpractice. It’s important to keep in mind that a trial date could be scheduled well more than a year or even two years after a case is filed. It’s normal for most lawsuits to take longer than a year to resolve.
- The Appeal: After the jury returns a verdict, the losing party will likely appeal and seek to have the verdict overturned. The appeals process can take two or more years.
Case results can never be guaranteed when pursuing a Long Island medical malpractice lawsuit. However, at Parker Waichman, our attorneys are known for successfully helping many clients to receive fair compensation for their injuries.
Frequently Asked Questions About Long Island Medical Malpractice Lawsuits and Settlements
What if More Than One Medical Professional Is Responsible for My Injuries?
A medical malpractice lawsuit can be filed against more than one defendant, and this is not uncommon. For example, if a doctor prescribes a medication to a patient that interacts with the patient’s other medications and the pharmacist does not notice and fails to inform the patient about the drug interaction, the patient may have a valid medical malpractice lawsuit against both of them if the patient suffers injuries because of the drug interaction. Both the prescribing doctor and the pharmacist should be qualified enough to recognize prescription drug interactions and ensure that a patient is not injured by taking two medications that interact.
If a Doctor Has Been Sued Before, Can This Information Be Used as Evidence in Another Medical Malpractice Case?
It depends. Every medical malpractice case is evaluated on its own merits, and whether a doctor has been sued before is not necessarily evidence that a doctor was negligent in a later case. However, if there is a documented pattern of conduct in which a medical professional repeats the same mistakes, it may be possible to use such information as evidence of the medical professional’s negligent behavior. Knowing when such information can be used depends on hiring the right medical malpractice attorney. Long Island clients can be sure that we will use this information when we can.
If a Surgeon Was Under the Influence While Performing Surgery, Can the Injured Person Get Punitive Damages at Trial?
Potentially. If a patient suffered serious injuries or death during a procedure and there is evidence that the surgeon was under the influence of alcohol or drugs at the time, it’s certainly possible to file a claim for punitive damages as part of the initial complaint. However, to recover punitive damages at trial, an injured plaintiff must prove that the conduct was willful, wanton, malicious, and in disregard of the health and safety of others. A jury will determine whether punitive damages should be awarded after deciding if the defendant was negligent in causing the patient’s injuries.
What if an Attorney Told Me I Had a Potential Medical Malpractice Case but They Could Not Take the Case?
Many attorneys may reject Long Island medical malpractice cases not because the cases are not valid, but because they simply lack the resources to handle them. For example, small firms and solo practitioners may already have a large caseload that diminishes their ability to take on another large case. That’s part of why it’s important to speak with more than one attorney when seeking a legal opinion about a potential medical malpractice case. At Parker Waichman, our Long Island medical malpractice attorneys have a large legal team and ample resources to take on a significant caseload, allowing them to help as many injured clients as possible to receive compensation for their pain and suffering.
What if I Was Injured on Long Island but I Live in Another State?
If you have suffered injuries because of medical malpractice that was committed on Long Island, you can still file a lawsuit in New York even if you live in another state. The location of where the negligence happened is one way to determine that a lawsuit should be filed on Long Island. But keep in mind that even if the medical malpractice happened in another state, Parker Waichman can help: We’re licensed in multiple states, and our skilled legal team frequently helps clients from nearby states, such as New Jersey.
What Can Happen if I Post Details About My Lawsuit on Social Media?
It’s never a good idea to discuss a lawsuit in a public forum. While lawsuits are public record, the substance of a lawsuit and conversations between an attorney and client are often privileged and protected. If you post conversations you have had with your attorney on Facebook, Twitter or other social media platforms, you may have waived the attorney-client privilege. Additionally, because social media sites are available to the public (even if a profile is only viewable to certain people,) postings regarding a lawsuit may be used in a deposition or even at trial. Therefore, when pursuing legal action, it’s best to keep discussions about the lawsuit between yourself and your attorney.
Parker Waichman: Lauded by Clients and Peers
Our Long Island medical malpractice attorneys have earned a reputation for excellence, delivering impressive results for clients including more than $2 billion recovered through jury awards and settlements. We’re often recommended by our clients, but we’ve also earned the respect of our peers in the legal community. Peer reviews have earned us a 9.8 out of 10 rating by AVVO, a “preeminent” rating from Martindale-Hubbell, and a listing in Best Lawyers, among other accolades. Of course, while these honors are nice, they’re not our priority: Our Long Island medical malpractice attorneys are focused on getting results for our clients, many of whom are in great need of relief due to an injury that was in no way their fault.
Contact Us Today to Schedule Your Free Consultation
If you or a loved one has sustained injuries because of medical malpractice, it’s time to consider how a Long Island medical malpractice attorney may be able to help you receive compensation for your suffering. Our nationally recognized Long Island medical malpractice attorneys are standing by to evaluate your potential claim, and we’ll do so for free: Just call us at 1-800-YOUR-LAWYER (1-800-968-7529) to schedule a free consultation and speak with one of our Long Island medical malpractice attorneys. Our team is fluent in English and Spanish, and you’ll be under no obligation by discussing your legal rights with us. Don’t delay: Speak with experienced medical malpractice lawyers on Long Island, NY, today.
How Do I Get My Police Report?
Within hours of an arrest or accident, a police report is generated by the investigating officer who inputs the case information. If the case is ongoing, it may be difficult to obtain the report or you may only be able to get the “public portion” until the case has wrapped up and any charges have been filed. After the police investigation has concluded, your attorney will have access to the full police report and you can ask them for a copy. The only other way to obtain a copy of a police report is to go to your local government website and request a report by filling out a form and either submitting it electronically, via mail, or in person depending on the instructions listed on your local government’s website. There may be a fee associated with requesting a copy of a police report and it may take several days after the incident for the report to be available.
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