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:
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 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.
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.
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.
If You Need to File a Medical Malpractice Case in Long Island, Our 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.