Melville Medical Malpractice Lawyer

When you place your trust in a healthcare provider, you expect to receive competent, professional care. Unfortunately, medical errors occur far too often. These mistakes leave patients with devastating injuries, prolonged suffering, and mounting medical bills. If you or a loved one has been harmed by medical negligence in Melville, New York, Parker Waichman LLP stands ready to fight for your rights. We pursue the compensation you deserve.

Why Choose Parker Waichman LLP for Your Melville Medical Malpractice Case

When you choose Parker Waichman LLP to represent you in a medical malpractice case, you gain access to a law firm with over two decades of experience. We bring extensive resources and a proven track record of success.

• Proven Results: Our attorneys have recovered over $2 billion for injury victims across all practice areas. We have successfully represented clients in complex medical malpractice cases involving surgical errors, birth injuries, misdiagnosis, and other forms of medical negligence.
• Experienced Attorneys: Our founding partner, Jerrold S. Parker, has been recognized in Best Lawyers in America for Mass Tort Litigation and Class Actions from 2010 through 2026. He holds an AV Preeminent rating from Martindale-Hubbell, the highest rating for legal ability and ethical standards. Partner Melanie H. Muhlstock has been named to The National Trial Lawyers Top 100 Trial Lawyers List annually since 2014.
• Comprehensive Case Investigation: We conduct thorough investigations of every medical malpractice case we handle. Our attorneys work with respected medical professionals across numerous fields to review medical records. They establish the standard of care. Furthermore, they prove that negligence caused our clients’ injuries.
• Resources to Take on Powerful Defendants: Medical malpractice cases often involve well-funded hospitals, healthcare systems, and insurance companies with teams of defense attorneys. Parker Waichman LLP has the resources, experience, and determination to level the playing field. We fight for our clients’ rights.
• Personalized Attention: We understand that medical malpractice cases involve more than legal issues. They involve real people who are suffering and need compassionate support. Our attorneys provide personalized attention to each client. We keep you informed throughout the legal process. Additionally, we answer your questions promptly.
• Local Presence: Parker Waichman LLP maintains an office in Melville at 201 Old Country Road, Suite 145, Melville, NY 11747. We serve clients throughout Long Island, including Suffolk County, Nassau County, Huntington, Plainview, Farmingdale, Dix Hills, Commack, and East Northport. We also serve clients in Queens, Brooklyn, the Bronx, and throughout New York City.
• No Upfront Costs: We handle medical malpractice cases on a contingency fee basis. You pay no upfront costs or attorney fees. Our fees are only collected if we successfully recover compensation for you. We also advance all case expenses, so you have no out-of-pocket costs.
• Professional Recognition: Parker Waichman LLP has been recognized by U.S. News & World Report Best Law Firms for Personal Injury. We have maintained an A+ rating with the Better Business Bureau since August 2021.

Advocating for Medical Malpractice Victims in Melville, New York

For over two decades, Parker Waichman LLP has represented victims of medical negligence throughout Long Island and New York. Our attorneys understand the profound impact that medical malpractice can have on patients and their families. Surgical errors can cause permanent disability. Misdiagnoses allow treatable conditions to progress. Medical negligence can alter the course of a person’s life in an instant.

Medical professionals owe their patients a duty of care. When doctors, nurses, hospitals, or other healthcare providers breach that duty through negligence, patients have the legal right to seek compensation for their injuries. Our Melville personal injury lawyers work tirelessly to hold negligent healthcare providers accountable. We secure the financial resources our clients need to move forward with their lives.

With a track record of recovering over $2 billion for injury victims, Parker Waichman LLP brings extensive resources, medical knowledge, and litigation experience to every case we handle. We serve clients throughout Melville, Suffolk County, Nassau County, and all of Long Island. Our team provides compassionate representation and aggressive advocacy when it matters most.

Our firm operates on a contingency fee basis. This means you pay no upfront costs or attorney fees. We only collect fees if we successfully recover compensation for you. This arrangement allows victims of medical negligence to access experienced legal representation regardless of their financial situation.

Understanding Medical Malpractice in New York

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. Under New York law, a successful medical malpractice claim requires proof of four key elements. These include a duty of care, a breach of that duty, causation, and damages.

Standard of Care

Healthcare providers owe their patients a duty to provide care that meets accepted medical standards. This duty applies to doctors, nurses, surgeons, anesthesiologists, pharmacists, hospitals, and other medical facilities. When a healthcare provider fails to meet the standard of care that a reasonably competent provider would have provided under similar circumstances, they breach their duty to the patient.

The standard of care is not perfection. Medicine involves inherent risks. Not every negative outcome constitutes malpractice. However, when a healthcare provider’s actions fall below the accepted standard of care and directly cause injury to a patient, the provider may be held liable for medical malpractice.

Medical Professionals

Proving medical malpractice requires medical testimony. Qualified medical professionals review the patient’s records. They evaluate the care provided. These experts and professionals offer opinions about whether the healthcare provider met or breached the applicable standard of care. They also testify about causation—whether the provider’s negligence directly caused the patient’s injuries.

At Parker Waichman LLP, we work with respected medical professionals across numerous fields to build strong cases for our clients. Our experienced attorneys thoroughly investigate each case. We obtain and review all relevant medical records. Additionally, we consult with professionals who can explain complex medical issues to judges and juries.

Proving Your Medical Malpractice Claim

Elements Required to Establish Negligence

Successfully proving a medical malpractice claim in New York requires establishing four key elements. Each element must be proven by a preponderance of the evidence. This means it is more likely than not that the element exists.

Doctor-Patient Relationship Existed

The first element requires proof that a formal doctor-patient relationship existed. This relationship is established when a healthcare provider agrees to treat a patient and the patient accepts that treatment. Casual advice given at social gatherings or informal consultations typically does not create a doctor-patient relationship that gives rise to liability.

Healthcare Provider Breached the Standard of Care

The second element requires proof that the healthcare provider breached the applicable standard of care. The standard of care is defined as the level of care that a reasonably competent healthcare provider with similar training and experience would have provided under similar circumstances. Establishing the standard of care and proving a breach requires testimony from qualified medical professionals who practice in the same or similar field as the defendant.

The Breach Directly Caused Injury

The third element requires proof of causation. It is not enough to show that the healthcare provider was negligent. You must also prove that the negligence directly caused your injury. This is often referred to as the “but for” test: but for the healthcare provider’s negligence, the injury would not have occurred. Medical testimony is necessary to establish causation in medical malpractice cases.

Damages Resulted from the Injury

The fourth element requires proof that you suffered quantifiable damages as a result of the injury. Damages may include medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and other economic and non-economic losses. You must present evidence documenting the extent of your injuries and the impact they have had on your life.

New York law requires plaintiffs to file a Certificate of Merit with their medical malpractice complaint under CPLR § 3012-a. This certificate, signed by the plaintiff’s attorney, states that the attorney has consulted with at least one licensed physician who is knowledgeable about the relevant issues involved in the particular action. Based on this consultation, the attorney has concluded there is a reasonable basis for commencing the action.

Parker Waichman LLP conducts thorough investigations of every medical malpractice case we handle. We obtain and review all relevant medical records. Additionally, we consult with qualified medical professionals. We gather evidence to build the strongest possible case for our clients. Our attorneys have the resources and experience necessary to take on hospitals, insurance companies, and healthcare providers who refuse to accept responsibility for their negligence.

Common Types of Medical Malpractice Cases We Handle

Parker Waichman LLP represents victims of all forms of medical negligence and malpractice. Our attorneys have extensive experience handling complex medical malpractice cases involving:

• Surgical Errors: Wrong-site surgery, retained surgical instruments, unnecessary procedures, anesthesia complications, and post-operative infections can cause serious harm to patients. Surgeons and surgical teams must follow established protocols to prevent these preventable errors.
• Misdiagnosis and Delayed Diagnosis: When doctors fail to diagnose cancer, heart attacks, strokes, infections, or other serious conditions in a timely manner, patients lose valuable treatment opportunities. Delayed diagnosis can allow treatable conditions to progress to advanced stages. This significantly worsens the patient’s prognosis.
• Birth Injuries: Negligence during pregnancy, labor, or delivery can cause devastating injuries to mothers and babies. Cerebral palsy, Erb’s palsy, brain damage, and maternal injuries often result from failure to monitor fetal distress. Improper use of delivery instruments or delayed cesarean sections also causes harm. Our Long Island birth injury lawyers have successfully represented families affected by these preventable tragedies.
• Medication Errors: Wrong medications, incorrect dosages, pharmacy mistakes, and failure to recognize dangerous drug interactions can cause serious harm or death. Healthcare providers must carefully review patient medications and allergies before prescribing or administering drugs.
• Anesthesia Errors: Anesthesiologists must carefully calculate dosages. They monitor patients throughout procedures. Furthermore, they respond quickly to complications. Dosage errors, failure to monitor vital signs, and intubation problems can result in brain damage, organ failure, or death.
• Emergency Room Negligence: Emergency departments must properly triage patients, recognize serious conditions, and provide timely treatment. Failure to treat, delayed treatment, and misdiagnosis in emergency settings can have catastrophic consequences.
• Hospital-Acquired Infections: Hospitals must maintain proper sanitation and infection control protocols. MRSA, sepsis, and surgical site infections often result from inadequate hygiene practices. They also stem from failure to follow established infection prevention procedures.
• Failure to Obtain Informed Consent: Patients have the right to understand the risks, benefits, and alternatives to proposed treatments. Healthcare providers must disclose material risks. They must obtain the patient’s informed consent before performing procedures.
• Nursing Home Negligence: Elderly patients in nursing homes deserve proper care and supervision. Bedsores, falls, medication errors, and abuse in nursing facilities may constitute medical malpractice or negligence. Our Long Island nursing home abuse lawyers fight to protect vulnerable seniors.
• Radiology Errors: Radiologists must accurately interpret X-rays, CT scans, MRIs, and other imaging studies. Misread images can lead to missed diagnoses, delayed treatment, and worsening medical conditions.

New York’s Medical Malpractice Statute of Limitations

New York law imposes strict time limits for filing medical malpractice lawsuits. Generally, you have two and a half years from the date of the alleged malpractice to file a lawsuit. You also have two and a half years from the end of continuous treatment with the healthcare provider. This deadline is known as the statute of limitations.

The continuous treatment doctrine extends the statute of limitations when a patient continues to receive treatment from the same healthcare provider for the condition related to the alleged malpractice. The statute of limitations begins to run when the continuous treatment ends, not when the initial negligent act occurred.

Exceptions to the Statute of Limitations

New York law provides limited exceptions to the standard statute of limitations. Cases involving foreign objects left in the body during surgery have a one-year statute of limitations. This period begins from the date the object was discovered or reasonably should have been discovered. Claims against government-run hospitals and healthcare facilities may have shorter deadlines and specific notice requirements.

The statute of limitations is a strict deadline. If you fail to file your lawsuit within the applicable time period, you lose your right to pursue compensation. This happens regardless of how strong your case may be. This is why it is important to consult with an experienced medical malpractice attorney as soon as possible after discovering that you may have been a victim of medical negligence.

At Parker Waichman LLP, we understand the urgency of medical malpractice cases. We promptly investigate claims, gather evidence, and take all necessary steps to protect our clients’ legal rights. Do not wait until it is too late. Contact our Melville medical malpractice lawyers today to discuss your case.

Compensation Available in Medical Malpractice Cases

Victims of medical malpractice in New York may recover several types of damages to compensate them for their losses. Unlike some states, New York does not impose caps on damages in medical malpractice cases. This allows juries to award compensation that fully reflects the harm suffered by the victim.

Economic Damages

These compensate victims for their financial losses. These damages include:

• Past and future medical expenses, including hospital bills, surgery costs, rehabilitation, therapy, medications, and medical equipment
• Lost wages and income from time missed from work due to the injury
• Loss of earning capacity if the injury prevents the victim from returning to their previous occupation or reduces their ability to earn income
• Cost of ongoing care, including home healthcare, nursing care, and assistance with daily living activities

Non-Economic Damages

These compensate victims for intangible losses that do not have a specific dollar value. These damages include:

• Pain and suffering, both physical and emotional
• Emotional distress, anxiety, and depression resulting from the injury
• Loss of enjoyment of life and inability to participate in activities the victim previously enjoyed
• Loss of consortium, which compensates spouses for the loss of companionship, affection, and intimacy
• Disfigurement and scarring that affect the victim’s appearance and self-esteem

Wrongful Death

Wrongful death claims may be available when medical malpractice results in a patient’s death. Surviving family members may recover:

• Funeral and burial expenses
• Loss of financial support that the deceased would have provided
• Loss of parental guidance for surviving children
• Conscious pain and suffering the deceased experienced before death

Our Melville wrongful death lawyers have successfully represented families who lost loved ones due to medical negligence.

The value of a medical malpractice case depends on numerous factors. These include the severity of the injury, the extent of economic losses, and the impact on the victim’s quality of life.

The strength of the evidence and the degree of the healthcare provider’s negligence also matter. Cases involving catastrophic injuries such as brain damage, spinal cord injuries, paralysis, or wrongful death typically result in higher compensation than cases involving temporary injuries.

At Parker Waichman LLP, we work with medical professionals, economists, and life care planners to accurately calculate the full extent of our clients’ damages. We fight to recover maximum compensation that accounts for both current losses and future needs. Our contingency fee arrangement means you pay no attorney fees unless we successfully recover compensation for you.

Frequently Asked Questions

Contact Our Melville Medical Malpractice Attorneys Today

If you or a loved one has been injured by medical negligence in Melville or anywhere on Long Island, do not wait to seek legal help. The statute of limitations imposes strict deadlines for filing medical malpractice lawsuits. Valuable evidence may be lost if you delay.

Parker Waichman LLP offers free, no-obligation case evaluations for victims of medical malpractice. During your consultation, our attorneys will review the facts of your case. We explain your legal rights. Additionally, we advise you about the best course of action. All consultations are confidential. You are under no obligation to hire our firm.

Our Melville office is conveniently located at 201 Old Country Road, Suite 145, Melville, NY 11747. We also maintain offices throughout New York. We are available to meet with clients at locations convenient to them.

Do not let the negligence of a healthcare provider go unanswered. Contact Parker Waichman LLP today to schedule your free consultation with an experienced Melville medical malpractice lawyer. We are ready to fight for the justice and compensation you deserve.

Call 800-968-7529 now to speak with our legal team.

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