Long Island Medical Malpractice Attorney
Medical malpractice occurs when patients are injured because their healthcare professionals do not administer appropriate care. You cannot file a medical malpractice case merely because your treatment led to an unfavorable outcome. In order to have a valid medical malpractice claim, your doctor must have deviated from the applicable standard of care.
Accordingly, it can be difficult to determine whether your physician’s actions constitute medical malpractice. Furthermore, complex evidence is usually required to prove that your doctor acted negligently. The assistance of our attorneys can be highly beneficial when building your case.
If you were hurt because of your doctor’s careless actions in Long Island, get help obtaining the payment you deserve. Reach out to our experienced Long Island medical malpractice attorneys by calling The Carrion Law Firm at (718) 841-0083. Our lawyers can review your case for free.
Examples of Medical Malpractice in Long Island
For medical malpractice to occur, a patient must be injured because their doctor did not adhere to the applicable standard of care when administering treatment. There are many different forms of medical malpractice. The following are common examples of medical malpractice that occur in Long Island:
Misdiagnosis
Medical malpractice can occur when a physician’s misdiagnosis leads to improper care, delayed treatment, or a lack of treatment. However, a mistake in misdiagnosis by itself is not grounds to file a medical malpractice case. Even when using reasonable care, physicians can may diagnostic mistakes.
For a misdiagnosis to constitute malpractice, plaintiffs must prove that the error occurred because the defendant doctor did not act competently. If you were injured because your doctor failed to properly diagnose your injury or illness, our Long Island medical malpractice attorneys can help evaluate the strength of your case.
Surgical Errors
Surgical errors are also an example of medical malpractice. For example, a surgeon can commit medical malpractice because they failed to administer post-operative care or because they operated on the incorrect body part. Victims of these mistakes may seek compensation through medical malpractice lawsuits.
Medication Errors
Another form of medical malpractice involves medication errors. These types of errors refer to cases where doctors carelessly prescribe harmful medication to their patient. For example, a physician can commit medical malpractice by failing to check a sick person’s medications before prescribing them a medication to which they are allergic. Our team of experienced Long Island medical malpractice attorneys can help victims of these mistakes recover compensation for the harm they incurred.
Failure to Provide Informed Consent
Furthermore, failure to provide informed consent is also a form of medical malpractice. Doctors have a duty to warn their patients of the risks associated with any treatment or procedure. If a physician fails to provide such a warning, patients may agree to potentially harmful treatments that they would not otherwise have consented to. If you were hurt because your doctor failed to explain the risks associated with your medical treatment, then you should contact our Long Island medical malpractice attorneys for help building your case.
Suing for Hospital Neglect in Long Island
Another frustrating aspect of a hospital neglect case is determining who exactly is responsible. Medical care is often handled by teams of medical professionals and overseen by hospital administrators. If someone is the victim of hospital neglect, it might be hard to figure out who among the many should be held accountable.
Suing Doctors and Nurses
You can begin your case by examining the people you directly interacted with and their behavior. Doctors and nurses are usually directly treating patients, and their negligence might have serious consequences for the people in their charge. An attorney can help you determine if your doctor or a nurse neglected you to the extent of causing harm. If so, they can be sued for damages.
It is important to note that figuring out whether your doctor or a nurse should be sued is complicated because not all medical mistakes are considered acts of neglect. Doctors and nurses might make mistakes, but they believe they are acting in the patient’s best medical interests at the time. Additionally, not all treatment works, even when it is the best course of action. The fact that your treatment failed does not definitively prove neglect.
Suing the Hospital
In many cases, if not most of them, victims of hospital neglect may sue the hospital itself in addition to individual medical professionals. Even if the hospital did not know about a doctor or nurse’s negligent care, it might still be held liable. For example, if the doctor treating you neglected to update your charts regarding medication dosages, and so nurses provided dangerous quantities of medicine, the hospital they work for might be liable.
Hospitals might also be liable because of policies that allow or even encourage negligent care. For example, suppose the hospital where you were treated only requires nurses to check on patients once every 3 hours instead of the usual once per hour. The hospital might be liable if your condition worsens because nobody checked on you for a long time.
Statute of Limitations for Medical Malpractice Cases in Long Island
Statutes of limitations establish time windows for filing specific types of lawsuits. According to C.V.P. Law § 214-A, you will have two years and six months from the date of your injury to file a medical malpractice case. For example, if your surgeon operated on the wrong body part, then you will have two years and six months from the date of that surgery to file your lawsuit.
However, in some cases, victims of medical malpractice do not become aware of their injuries until well after the careless medical care at issue. In such cases, the statute of limitations will begin to toll on the date the patient became aware of their illness or injury. Our Long Island medical malpractice attorneys can help explain how the statute of limitations might apply to your case.
Despite having two years and six months to file a case, injured parties should contact our lawyers as soon as possible after suffering an injury related to medical malpractice. Typically, extensive amounts of complicated evidence are required to support such claims. For instance, plaintiffs in medical malpractice cases typically must summon expert witnesses to explain how defendants deviated from appropriate standards of care. The sooner you contact our team, the more easily we may collect the evidence required to win your case.
Settling a Medical Malpractice Lawsuit vs. Taking a Medical Malpractice Lawsuit to Trial in Long Island
In many medical malpractice cases, plaintiffs will have to decide between settling their lawsuits or taking them to trial. When parties to a lawsuit reach a settlement agreement, the defendant pays a certain amount of compensation to the plaintiff and their case is dismissed. There are multiple potential benefits to settling your case early. For example, plaintiffs who settle early may recover payment more quickly. Furthermore, taking a case to trial can be expensive. Parties who avoid trial may save on many expenses such as witness fees, attorney’s fees, and administrative costs.
Still, settling your case early is not always the right choice. Most defendants will attempt to settle their cases for less than they are worth. By taking your lawsuit to trial, you will have the opportunity to obtain additional damages. Our experienced Long Island medical malpractice attorneys can help evaluate any settlement offers made in your case, so that you may confidently decide if going to trial is the right decision for you.
Types of Damages Available to Plaintiffs in Medical Malpractice Cases in Long Island
Victims of medical malpractice can pursue multiple categories of monetary damages. The types of damages awarded in your case will likely depend on the extent of harm caused by your injury. Any of the following damages may be recovered:
- Medical expenses
- Lost wages
- Out-of-pocket expenses
- Pain and suffering
- Punitive damages
During your free case review, our experienced Long Island medical malpractice attorneys can assess which of the aforementioned damages may be sought.
Referrals for Medical Malpractice Cases in Long Island
There are many possible reasons that an attorney needs to refer a client to someone else. Referring a client is in no way embarrassing or an indicator of your capabilities. In most cases, attorneys refer clients because they know a different lawyer can be of greater service and better fulfill the client’s needs. Speak to our Long Island lawyers for a medical malpractice referral about your client, and we can review their case.
Treatment Happened Out of State
One of the most common reasons people refer clients to other attorneys is because the case takes them to another state. The state licenses lawyers, and when a client’s case takes them out of the state, their attorney might not be able to represent them because they are not licensed to do so. People often travel for medical care, and medical malpractice cases sometimes take clients to states their lawyers do not work in.
If your client sought medical care in the State of New York and was injured because of a doctor’s negligence, you might be unable to help them. In such cases, the client needs a lawyer licensed in New York. This is often advantageous to the client because the lawyer in New York is more familiar with relevant state laws and court procedures. Our Long Island lawyers for a medical malpractice referral can help your client get compensation in this state.
You Do Not Practice in Medical Malpractice Law
In other cases, attorneys might be licensed in New York, but medical malpractices are outside their normal area of practice. For example, you might normally work in trusts and estate law, and one of your long-term clients has a medical malpractice claim. They might come to you for advice, but ultimately it is best for you to refer them to a lawyer better equipped to help them.
In other cases, a new client might contact you about a medical malpractice issue even though you do not work in medical malpractice law. Injured clients are often scared and desperate for help, and many people mistakenly assume that all attorneys can try any case. The truth is that most attorneys focus on only a few areas of law, as being skilled in all areas of law is nearly impossible. In that case, you can review the client’s case with them and refer them to a lawyer better suited to help.
You Cannot Take on More Clients
Even if you are licensed in New York and have in-depth experience with medical malpractice work, you might still need to refer a client to another attorney because you do not have the resources to help them. Attorneys often have heavy caseloads, and taking on new clients is not always possible. In that case, you can briefly review the client’s situation before sending them to our Long Island attorneys for a medical malpractice referral.
Remember, while you might want to help a new client, you must consider the effect increasing your caseload would have on your existing clients. If you are already stretched thin and cannot devote yourself to any new clients, a referral is probably in the new client’s best interest and yours.
Our Long Island Medical Malpractice Attorneys Can Help
If you were hurt because of your doctor’s negligent conduct, seek guidance and support from our experienced Long Island medical malpractice attorneys by calling The Carrion Law Firm at (718) 841-0083 to review your case for free.