Medical Malpractice Attorney Long Island Ny – Our Long Island, New York medical malpractice attorneys have more than 100 years of combined experience representing individuals injured by medical malpractice. Our medical malpractice attorneys provide high-quality medical malpractice legal services to clients in Suffolk and Nassau counties.
Our Long Island personal injury attorneys offer a free consultation to evaluate your case. Contact us and speak with a medical malpractice lawyer to find out how we can help you.
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Hospitals, clinics and health care providers are required to meet industry standards of care. Failure to comply with recognized healthcare requirements that results in serious injury or wrongful death is the basis for a medical malpractice claim or claim.
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Understanding New York medical malpractice law is important when filing a claim and managing your own case. Our New York Long Island medical malpractice attorneys are ready to fight for you.
Below, learn more about medical malpractice claims and what to consider when filing a claim in New York State.
The phrase “standard of care” in the context of medical malpractice refers to the quality of medical care in a given situation and whether that treatment meets accepted standards in the medical community.
For example, while there is one carefully tested and widely accepted treatment for a particular disease, a Long Island physician diagnosing the disease using another treatment may not meet the generally accepted standard. If there is one proven and reliable method for treating a patient’s condition, there should be no reason for a physician to unreasonably use another method.
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Generally, medical malpractice involves a doctor or other health care professional acting in a way that no other competent, reasonable doctor or health care professional would have acted under the same circumstances. Most defendants in medical malpractice claims argue that their decision was reasonable under the circumstances.
The Long Island medical malpractice lawyers at Rosenberg & Gluk, L.L.P. have the power to evaluate medical malpractice claims and cannot evaluate the performance of doctors and specialists to determine whether they acted to an acceptable standard.
Medical care in America is the best in the world. Technology has paved the way for enormous advances in medicine, from diagnostic tests, lasers and microsurgery to the design and materials of pacemakers, heart expanders and artificial organs.
Despite the widespread availability and quality of health care, doctors, nurses, technicians, surgeons and pharmacists make mistakes. Patient harm ranges from serious complications and wrongful deaths to debilitating injuries and illnesses associated with delayed treatment.
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It is important to note that not all medical errors or injuries are grounds for a medical malpractice claim on Long Island. Some diseases and failure to diagnose may be more common, while others cannot be treated.
However, if a patient is harmed while receiving medical care, a negligence claim may be filed seeking compensation if liability can be proven. Medical malpractice cases are the most time-consuming and expensive type of personal injury case. Building a compelling case requires extensive research, collaborative teamwork, and good legal skills.
Choosing an experienced Long Island medical malpractice attorney to represent you is the most important first step toward recovering your damages and obtaining a positive outcome. Our team of experienced medical malpractice attorneys will fight for you every step of the way.
Have you experienced medical negligence? Get help from the experienced medical malpractice attorneys at Rosenberg & Glock.
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We must be able to prove that the doctor treating you deviated from the standard of care and was negligent.
If these four people are present in your medical malpractice case, you can file a medical malpractice claim and we can help you.
Our personal injury attorneys can evaluate your case to determine areas where you may be able to recover economic and non-economic damages. Depending on the evidence, the extent of your injuries, and your overall health, you may receive compensation for:
Each state has unique rules regarding medical malpractice damages, so for more information about New York medical malpractice law, you should contact Rosenberg & Gluck, L. New York State currently has no limits on the amount damages that may be claimed for wrongful conduct.
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However, other states have laws that may protect against damages in medical malpractice claims. Some state restrictions apply to the total amount of compensation across all channels.
For example, California has a $250,000 limit for non-monetary damages in medical malpractice claims. Other states have restrictions on certain types of compensation.
New York has the New York Medical Indemnity Fund (MIF), which was created in 2011 to fund future healthcare costs associated with birth-related neurological injuries caused by medical negligence. If the plaintiff qualifies for MIF, future medical expenses are paid by the MIF, not the defendant.
Both the lawyer and the plaintiff in a New York medical malpractice case must follow the due process rules of the law. The following three statements must be submitted to the court:
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Like other legal claims, medical malpractice claims must comply with state laws or statutes of limitations. Under CPLR §214-A, in New York the statute of limitations for medical malpractice claims is generally two years and six months.
Generally, the law begins to apply on the date the medical professional committed the malpractice. However, sometimes the effects of medical negligence take a while to become apparent and may not become apparent for some time. New York allows limited circumstances where the law begins on the “discovery date” or when the victim notes the consequences of medical malpractice.
Also, keep in mind that wrongful death claims, even if they involve medical malpractice, have a two-year statute of limitations. In addition, there may be situations, such as when you are dealing with state or local health agencies, where you may have less than 90 days to respond.
For a cancer diagnosis, the statute of limitations applies if the patient knew or should have known about his cancer diagnosis. Additionally, medical malpractice cases involving a foreign object inside a patient’s body are subject to one year from the discovery of the foreign object or evidence leading to its discovery, or two years and six months from the abuse. which is longer
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Other factors may affect this time interval, including whether the disorder occurs during treatment for the condition. ) or state.
To learn more about statutes of limitations that may affect your case, speak with one of our experienced Long Island medical malpractice attorneys. A medical malpractice lawyer near you can help and guide you through every step of the legal process.
Our Long Island personal injury attorneys handle many medical malpractice claims. Our practice includes helping victims file claims, working with insurance companies, and going to court when necessary.
Common medical errors that harm patients and lead to medical malpractice lawsuits include, but are not limited to:
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The emergency department is a chaotic place, and doctors must respond quickly to incoming patients. Although the emergency department can operate at a fast pace, doctors, nurses and other staff working in the emergency department must exercise appropriate caution when treating them.
Clinicians must assess the patient’s symptoms and use the process of exclusion to make an accurate diagnosis. If a doctor fails to properly assess a patient’s symptoms or does not perform the necessary tests, he or she may be negligent in diagnosing the patient’s condition.
Failure to diagnose cancer, brain damage, or other serious illnesses can be even more dangerous and lead to more serious problems or wrongful death.
Sometimes the doctor makes the diagnosis too late, and the patient’s condition worsens or develops into a new complication. Doctors must make a diagnosis or risk harming patients. Delays in diagnosis can worsen a patient’s condition to a dangerous level, cause irreparable harm, or expose the patient to further medical complications.
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If the doctor cannot make a reliable diagnosis in time, he must be referred to another medical center.
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