Queens Medical Malpractice Lawyer

When you place your trust in a healthcare provider, you expect to receive competent, professional care. Medical professionals in Queens have a duty to provide treatment that meets accepted standards of care. When they fail to meet these standards and cause harm, you have the right to seek compensation for your injuries.

Parker Waichman LLP represents victims of medical malpractice throughout Queens and New York. Our attorneys understand the devastating impact medical errors can have on patients and their families. With over $2 billion recovered for injury victims, we have the resources and experience to handle complex medical malpractice cases.

If you or a loved one suffered harm due to medical negligence in Queens, contact Parker Waichman LLP for a free consultation. Call our Queens office at 800-968-7529 to discuss your case.

Why Choose Parker Waichman LLP for Your Medical Malpractice Case

Parker Waichman LLP brings significant resources and experience to medical malpractice cases in Queens:

• Proven Track Record – We have recovered over $2 billion for injury victims across all practice areas. Our attorneys have successfully handled numerous medical malpractice cases, securing substantial compensation for clients.
• Experienced Legal Team – Our founding partner, Jerrold S. Parker, holds an AV Preeminent rating from Martindale-Hubbell and has been recognized in Best Lawyers in America for Mass Tort Litigation and Class Actions from 2010 to 2026. Partner Melanie H. Muhlstock has been named to The National Trial Lawyers Top 100 Trial Lawyers List annually since 2014.
• Comprehensive Resources – Medical malpractice cases require substantial resources for expert witnesses, medical record review, and litigation costs. We have the financial strength to fully investigate and prosecute complex cases without requiring clients to pay upfront costs.
• Local Presence – Our Queens office at 118-35 Queens Boulevard in Forest Hills provides convenient access for clients throughout the borough. We also maintain offices throughout New York, New Jersey, and Florida.
• Personalized Attention – We understand that medical malpractice cases involve more than legal issues. Our attorneys take time to understand how your injuries have affected your life and work to secure compensation that addresses your specific needs.
• No Fees Unless We Win – We handle medical malpractice cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you.

Understanding Medical Malpractice in Queens

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury to a patient. The standard of care refers to the level of care that a reasonably competent healthcare professional with similar training would provide under similar circumstances.

Not every negative medical outcome constitutes malpractice. Medicine involves inherent risks, and even skilled physicians cannot guarantee positive results. Medical malpractice requires proof that the healthcare provider’s negligence directly caused harm that would not have occurred with proper care.

According to a 2016 Johns Hopkins study, medical errors rank as the third leading cause of death in the United States, claiming approximately 250,000 lives annually. In New York, thousands of patients suffer preventable injuries each year due to medical negligence. Queens, with its numerous hospitals and healthcare facilities, sees its share of these tragic cases.

Common Types of Medical Malpractice Cases We Handle

Parker Waichman LLP represents Queens residents who have suffered harm from various forms of medical negligence, including:

• Surgical errors and wrong-site surgery – Operations performed on the wrong body part, unnecessary procedures, or mistakes during surgery
• Misdiagnosis and delayed diagnosis – Failure to correctly identify serious conditions like cancer, heart disease, or stroke
• Birth injuries and obstetric negligence – Harm to mothers or babies during pregnancy, labor, or delivery
• Medication errors and prescription errors – Wrong medications, incorrect dosages, or dangerous drug interactions
• Anesthesia errors – Too much or too little anesthesia, failure to monitor patients, or improper intubation
• Emergency room negligence – Failure to properly triage, diagnose, or treat patients in emergency situations
• Failure to diagnose cancer, heart attacks, or strokes – Missing critical symptoms that lead to delayed treatment
• Hospital-acquired infections – Preventable infections caused by unsanitary conditions or improper protocols

New York Medical Malpractice Laws and Your Rights

New York law provides specific protections for medical malpractice victims while also imposing important deadlines and requirements. Understanding these laws helps ensure you protect your right to compensation.

Statute of Limitations

The statute of limitations for medical malpractice claims in New York is two years and six months from the date of the malpractice or from the end of continuous treatment by the same healthcare provider for the same condition. This deadline is strict, and missing it typically means losing your right to file a lawsuit.

Important exceptions exist to this general rule. If a foreign object was left inside your body during surgery, you have one year from the date you discovered or reasonably should have discovered the object to file a claim. Note that chemical compounds, fixation devices, and prosthetic aids are not considered “foreign objects” under this exception.

Lavern’s Law

Cases involving the failure to diagnose cancer or a malignant tumor are subject to special provisions under Lavern’s Law, an amendment to New York Civil Practice Law and Rules Section 214-a enacted in 2018. Named after Lavern Wilkinson, a patient who died from lung cancer after a missed diagnosis left her without legal recourse, this law recognizes that cancer patients often cannot discover that they have been harmed until long after the malpractice occurred.

Under Lavern’s Law, if your claim involves the negligent failure to diagnose cancer or a malignant tumor, you have two and a half years from the date you discovered — or reasonably should have discovered — the error and its resulting injury to file a lawsuit. However, there is an absolute maximum deadline of seven years from the date of the misdiagnosis or negligent act, regardless of when it was discovered. For example, if a radiologist failed to identify a cancerous tumor in 2020 but it was not discovered until 2024, you would have until 2026 to file suit (i.e. two and a half years from discovery), but in no event later than 2027 (seven years from the malpractice).

Other Relevant Provisions

New York also requires plaintiffs to file a certificate of merit with their medical malpractice lawsuit. This certificate, signed by a qualified medical expert, states that the expert has reviewed the case and believes the claim has merit. This requirement prevents frivolous lawsuits while ensuring legitimate claims proceed.

Unlike some states, New York does not cap damages in medical malpractice cases. Victims can recover full compensation for all economic and non-economic losses caused by medical negligence. This includes past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and loss of quality of life.

Proving Medical Negligence in Queens

Successful medical malpractice claims require proof of four essential elements: duty, breach, causation, and damages.

• Duty exists when a healthcare provider agrees to treat a patient, creating a doctor-patient relationship. This relationship establishes the provider’s obligation to deliver care that meets professional standards.
• A breach occurs when the healthcare provider fails to meet the applicable standard of care. Our attorneys work with qualified medical experts who review your medical records and provide opinions about whether your treatment fell below accepted standards.
• Causation requires proof that the breach of the standard of care directly caused your injuries. You must show that the harm would not have occurred if the healthcare provider had delivered proper care. This element often requires detailed medical testimony explaining the connection between the negligent act and your injuries.
• Damages refers to the actual harm you suffered. Medical malpractice claims require proof of physical injury, emotional distress, financial losses, or other measurable harm resulting from the negligence.

Parker Waichman LLP conducts thorough investigations of medical malpractice claims. We obtain and review all relevant medical records, consult with medical experts in the appropriate specialties, and gather evidence to build strong cases for our clients. Our experienced attorneys understand complex medical issues and can effectively present technical information to judges and juries.

Compensation Available in Medical Malpractice Cases

Medical malpractice victims in Queens can recover two main categories of damages: economic and non-economic.

Economic Damages

Economic damages compensate for measurable financial losses, including:

• Past and future medical expenses for treatment of injuries caused by malpractice
• Costs of rehabilitation, physical therapy, and ongoing care
• Medical equipment and assistive devices
• Lost wages from time missed from work
• Loss of future earning capacity if injuries prevent you from returning to your previous employment
• Home modifications needed to accommodate disabilities

Non-economic Damages

Non-economic damages compensate for intangible losses that significantly impact your quality of life:

• Physical pain and suffering
• Emotional distress, anxiety, and depression
• Loss of enjoyment of life and inability to participate in activities you previously enjoyed
• Disfigurement and scarring
• Loss of consortium for spouses of injured victims

New York law does not cap medical malpractice damages, allowing juries to award full compensation based on the specific circumstances of each case. Severe cases involving permanent disabilities, brain injuries, catastrophic injuries, or wrongful death often result in substantial verdicts and settlements.

The value of your case depends on factors including the severity of your injuries, the extent of your medical treatment, your prognosis for recovery, your age and occupation, and the strength of evidence proving negligence. Parker Waichman LLP works with medical experts, economists, and life care planners to accurately calculate the full value of your claim.

Major Healthcare Facilities in Queens

Queens is home to numerous hospitals and healthcare facilities where medical malpractice may occur. Our attorneys represent patients who received negligent care at facilities throughout the borough, including:

• NYC Health + Hospitals/Elmhurst
• Jamaica Hospital Medical Center
• NewYork-Presbyterian Queens
• Mount Sinai Queens
• Long Island Jewish Forest Hills
• Flushing Hospital Medical Center
• Queens Hospital Center
• St. John’s Episcopal Hospital

We also handle cases involving private medical practices, urgent care centers, surgical centers, nursing homes, and other healthcare facilities throughout Queens neighborhoods, including Forest Hills, Flushing, Jamaica, Astoria, Long Island City, Kew Gardens, Elmhurst, Corona, Jackson Heights, and Bayside.

Our familiarity with Queens healthcare providers and facilities helps us effectively investigate claims and hold negligent parties accountable.

Steps to Take After Suspected Medical Malpractice

If you believe you or a loved one has been a victim of medical malpractice, taking prompt action protects your health and legal rights:

• Seek immediate medical attention – Your health comes first. Consult another healthcare provider to address any ongoing medical issues and prevent further harm.
• Obtain and preserve medical records – Request copies of all medical records related to your treatment. These documents provide crucial evidence for your case.
• Document everything – Keep detailed notes about your symptoms, treatment, conversations with healthcare providers, and how your injuries have affected your daily life. Take photographs of visible injuries.
• Avoid signing releases – Do not sign any documents from healthcare providers or insurance companies without consulting an attorney. These releases may waive your right to pursue a claim.
• Contact an attorney promptly – Medical malpractice cases involve strict deadlines. Consulting an attorney early ensures you meet all filing requirements and preserves important evidence.
• Don’t discuss the case on social media – Insurance companies and defense attorneys monitor social media. Avoid posting about your case, your injuries, or your activities online.

Frequently Asked Questions About Queens Medical Malpractice Claims

Contact Our Queens Medical Malpractice Lawyers Today

Medical malpractice can have devastating consequences for patients and their families. If you suffered harm due to substandard medical care in Queens, Parker Waichman LLP can help you pursue the compensation you deserve.

Our Queens medical malpractice attorneys provide compassionate, knowledgeable representation for medical malpractice victims throughout Queens and New York state. Our firm offers free consultations to evaluate your case and explain your legal options.

Contact Parker Waichman LLP today.