Malpractice Lawsuit Lawyers Near Me – Our New York, Long Island medical malpractice attorneys have over 100 years of experience representing people who have been injured by medical malpractice. Our medical malpractice attorneys offer the highest quality medical malpractice legal services to our clients in Suffolk County and Nassau County.
Our Long Island attorneys provide free consultations to evaluate your case. Contact us to find out how we can help you.
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Hospitals, clinics and healthcare professionals must meet industry standards of care. Failure to follow accepted medical standards resulting in serious injury or wrongful death is grounds for a medical malpractice claim or action.
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Understanding New York medical malpractice law is essential if you need to file a lawsuit and handle your case. Our Long Island New York medical malpractice lawyers are ready to fight for you.
Read on to learn more about medical malpractice and what to consider when filing a lawsuit in New York State.
In the context of medical malpractice, the term “standard of care” refers to the quality of care in a given situation and whether that care meets the standards accepted by the medical community.
For example, if there is a well-tested and generally accepted treatment for a particular medical condition, a Long Island physician treating a patient using a different treatment may not meet the standard of acceptable care. If there is a tried and trusted method of treatment for a patient’s condition, there should be no reason for a physician to use another method without reason.
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Medical malpractice usually involves a doctor or other health care professional acting in a way that no other, similarly trained, reasonable doctor or health care professional would have acted under the same circumstances. Most medical malpractice defendants argue that their decision was reasonable under the circumstances.
Rosenberg & Gluck, L.L.P. Your Long Island medical malpractice attorneys are experienced in evaluating medical malpractice personal injury claims and can evaluate the actions of doctors and specialists to determine whether they acted within acceptable standards.
Medical care in the United States is among the best in the world. The technology has led to major advances in medicine, from diagnostic tests, lasers and microsurgery to pacemakers and cardiac stents, as well as advances in the design and materials of artificial limbs.
Despite the wide availability and quality of health services, doctors, nurses, technicians, surgeons and pharmacists make mistakes. Harms suffered by patients range from serious complications and wrongful death to debilitating injuries and illnesses unrelated to the initial treatment.
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It is important to remember that not all medical errors or injuries are grounds for a Long Island medical malpractice lawsuit. Some diseases and conditions may go undiagnosed, while others cannot be cured.
However, a malpractice lawsuit may be an option for compensation if a patient is harmed while receiving medical care and can prove liability. Medical malpractice lawsuits are one of the most time-consuming and expensive types of personal injury lawsuits. Building a strong case requires intensive research, coordinated teamwork and excellent legal skills.
Choosing an experienced Long Island attorney to represent you is the most important first step in recovering your damages and achieving positive results. Our team of qualified attorneys will fight for you every step of the way.
Are you suffering from medical malpractice? Get help from the experienced attorneys at Rosenburg & Gluck.
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We must be able to prove that the health care provider who treated you deviated from acceptable standards of care and was negligent.
If all four of these are present in your medical malpractice case, you can file a medical malpractice lawsuit and we will help you.
Our personal injury attorneys can evaluate your case to determine what financial and non-financial damages you can recover in your case. Depending on the facts, the extent of your injuries and your general health, you may be able to receive compensation for:
Each state has unique laws governing medical malpractice compensation, so for more information on New York medical malpractice law, contact Rosenberg & Gluck, L.P. To your authorized Long Island attorney. New York currently has no limit on how much a patient can recover in a malpractice lawsuit.
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However, other states have laws that limit or cap the amount of damages plaintiffs can receive in medical malpractice lawsuits. Certain condition restrictions apply to the total compensation amount for all channels.
For example, medical malpractice lawsuits in California are capped at $250,000 for non-economic damages. Other states limit certain types of compensation. For example, one state might set a $200,000 cap on pain and suffering damages, or many states cap “general damages” for things like loss of enjoyment of life and psychological trauma.
New York has the New York Medical Indemnity Fund (MIF), which was created in 2011 to cover future medical expenses related to neurological birth injuries caused by medical error. If the claimant is eligible for MIF, future medical expenses will be paid by MIF and not by the defendant.
Both the New York medical malpractice attorney and the plaintiff must follow the procedural rules of the law. The plaintiff must file the following three statements with the court:
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As with any claim, a medical malpractice case must comply with your state’s statute of limitations or statute of limitations. In New York, the statute of limitations for medical malpractice claims is generally two years and six months, CPLR §214-A.
The statute usually begins on the date the physician committed the malpractice. However, sometimes the effects of medical negligence take time to develop and may go unnoticed for a long time. In New York, the statute allows for limited circumstances that begin on the “date of discovery,” or the day the victim learns of the consequences of the medical malpractice.
Also, keep in mind that wrongful death claims, even if they stem from medical malpractice, have a two-year statute of limitations. Additionally, there may be situations, such as working with state or local government health facilities, where you may need up to 90 days to act.
In the event of a misdiagnosis of cancer, the statute of limitations begins when the patient knows or should have known about the cancer diagnosis. In addition, medical error or foreign body remains in the patient’s body for one year from the date of discovery or two years and six months after the occurrence of events that may have led to the discovery. from corruption. , which is larger.
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Other factors may affect this time frame, including whether the defect occurs during treatment of the condition. Additionally, if a municipal health care provider (such as a county hospital or EMT) or a state is affiliated, the incident submission deadline is limited.
To learn more about the limitations that may affect your case, contact one of our experienced medical malpractice attorneys serving Long Island. A medical malpractice attorney near you can help and guide you through every step of the legal process.
Our Long Island attorneys handle many medical malpractice claims. This is one of the practice areas in which we have extensive experience, from filing claims for victims, liaising with insurance companies and, if necessary, litigation.
Common medical errors that harm patients and lead to medical malpractice lawsuits include:
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The emergency room is a chaotic place and doctors must respond quickly to incoming patients. Although the emergency department can be fast-paced, the doctors, nurses and other staff who work in the emergency department must meet a standard appropriate for the care they provide.
Doctors must assess a patient’s symptoms and then use a process of elimination to arrive at a definitive diagnosis. If the doctor does not properly assess or review the patient’s symptoms or perform the necessary tests, the patient’s condition may go undiagnosed and neglected.
This is especially dangerous if you fail to diagnose cancer, brain damage, or other serious conditions that can lead to serious problems or even wrongful death.
Sometimes the doctor makes the diagnosis too late and the patient’s condition worsens or develops new complications. Doctors must make an early diagnosis or risk harming patients. A delay in diagnosis can cause the patient’s condition to deteriorate to dangerous levels, cause permanent damage or cause further health complications.
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If the doctor cannot make a reliable diagnosis in time, you should turn to another doctor
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