Long Island Medical Malpractice Lawyer

Every day, our team of medical malpractice attorneys on Long Island witnesses the fallout from medical errors. These incidents occur more frequently than many might expect.

The Institute of Medicine reports that each year, preventable medical mistakes result in the deaths of between 44,000 and 98,000 people. While medical advancements over the past half-century have been remarkable, they also bring increased risks of errors.

The complexity of modern surgeries, the rapid introduction of new pharmaceuticals, and the financial struggles of many healthcare facilities can lead to mistakes by medical professionals. These errors can result in devastating consequences and loss of life.

Our experienced malpractice lawyers at The CEO Lawyer Personal Injury Law Firm are familiar with the anguish and suffering caused by such negligence. If you believe you have been affected by medical malpractice, our attorneys are committed to supporting and guiding you through this difficult time.

The Role of Our Long Island Medical Malpractice Attorney in Your Claim

The CEO Lawyer Personal Injury Law Firm specializes in handling medical malpractice claims. Our team of proficient attorneys is adept at scrutinizing the conduct of medical professionals and determining whether their actions align with the prevailing standards of care.

The quality of medical care in the United States ranks among the finest globally. Technological advances have revolutionized healthcare, introducing innovations such as diagnostic tests, laser surgeries, and microsurgeries, as well as the development of pacemakers, heart stents, and sophisticated designs and materials for prosthetic limbs.

Despite the high availability and standard of medical services, errors can occur. Medical professionals, including doctors, nurses, surgeons, and pharmacists, can make mistakes, leading to severe complications, wrongful deaths, or the emergence of debilitating conditions and illnesses that deviate from the original medical issues addressed.

Choosing an experienced Long Island medical malpractice lawyer as your representative is the first step toward collecting damages and obtaining favorable outcomes. Our team of knowledgeable attorneys specializing in medical malpractice will defend you every step of the way.

How Can a Long Island Medical Malpractice Law Firm Help?

Working with the CEO Lawyer Personal Injury Law Firm is crucial due to the complex nature of medical malpractice claims. Here’s why their expertise is essential:

• Knowledge of Relevant Laws: Medical malpractice lawyers are well-versed in state and federal regulations regarding your case. This legal expertise is essential for handling the complexities of medical law.
• Accurate Claim Valuation: Experienced litigation attorneys possess the skills to accurately assess the potential value of your claim, ensuring that you seek appropriate compensation for your injuries.
• Document and Deadline Management: Efficient organization of important documents and strict adherence to deadlines are crucial in medical malpractice cases. Lawyers help streamline this process, minimizing errors and expediting your claim.
• Communication: Medical malpractice attorneys handle all necessary communications with healthcare providers, insurance companies, and other legal representatives, relieving you of this burden.
• Evidence Gathering: Proving a medical malpractice case requires a comprehensive collection of medical records and evidence. Lawyers have the resources and knowledge to compile a compelling argument for your claim.
• Expert Testimony: Expert attorneys have connections with medical experts who can provide critical insights into your case. These specialists can offer testimony that substantiates your claim in court.
• Negotiation Skills: Medical malpractice attorneys with experience bargain persistently to get you the most outstanding compensation possible, using their knowledge to fight for you.

Dealing with The CEO Lawyer Personal Injury Law Firm, which focuses on medical malpractice in Long Island, will greatly improve your chances of successfully pursuing justice and monetary compensation for your injuries.

What Is Considered Medical Malpractice?

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or surgeon, commits professional negligence that results in patient harm, injury, or death. This typically happens when the healthcare provider deviates from the standard of care widely accepted in the medical community.

Here are some common instances of medical malpractice:

• Misdiagnosis or Delayed Diagnosis: This includes failing to correctly diagnose a patient’s condition promptly, which can lead to disease progression or missed treatment opportunities.
• Surgical and Anesthesia Errors: These errors may involve performing the wrong procedure, operating on the incorrect part of the body, leaving surgical tools inside the patient, or causing unintended damage to organs or nerves. Additionally, incorrect anesthesia administration can lead to severe complications.
• Medication Errors: This form of malpractice can occur when a healthcare provider administers the wrong medication or the incorrect dosage or prescribes medication that adversely interacts with other treatments the patient is receiving.
• Birth Injuries: Negligence during childbirth can cause significant injuries to both the mother and child, such as cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and brachial plexus injuries.

Medical malpractice extends beyond these examples. If you suspect that your experience may constitute medical negligence, it is advisable to consult with our legal professionals who specialize in medical malpractice.

We can offer a free evaluation of your case and help you understand your legal rights and options.

What Is the Statute of Limitations for Long Island Medical Malpractice Cases?

In New York, the timeframe for filing a medical malpractice lawsuit is generally two-and-a-half years from the alleged malpractice. If the malpractice results in the death of a patient, the timeframe to file a lawsuit extends to two years from the date of the patient’s death.

However, if the malpractice claim involves a municipal hospital, the period to initiate a claim is significantly shorter, limited to only ninety days from the incident date.

If the medical care is continuous, the statute of limitations may begin on the date of the patient’s last treatment. However, specific exceptions to these general rules can affect the statute of limitations.

To understand the specific deadline applicable to your case, it is advisable to consult with a medical malpractice attorney experienced in New York law.

Damages in Medical Malpractice Cases

Our Long Island personal injury lawyers are here to assess your case and determine the potential compensatory awards for both economic and non-economic damages. The specific compensation you could receive depends on various factors, such as the nature of your evidence, the severity of your injuries, and your overall health prognosis.

You may be eligible to receive compensation for:

• All medical treatments, including past, ongoing, and future expenses
• Hospitalization
• Rehabilitation services
• Surgical procedures
• Prescription drugs
• Lost earnings and benefits due to time off work
• Diminished capacity to earn in the future
• Permanent disability or disfigurement
• Emotional and physical pain and suffering
• Diminished quality of life
• Loss of companionship and affection

Types of Medical Malpractice That Often Result in Claims or Lawsuits

Our Long Island personal injury law team has experience addressing medical malpractice cases. We can help medical malpractice victims because we have extensive expertise in handling their cases, from submitting claims and negotiating with insurance companies to representing them in court.

Common types of medical errors that harm patients and potentially lead to lawsuits include:

Emergency Room Mistakes

The fast-paced nature of emergency rooms requires doctors to act quickly. Despite the chaos, medical professionals must adhere to a high standard of care when treating patients.

Failure to Diagnose

Doctors are tasked with evaluating patients’ symptoms and reaching a correct diagnosis. Negligence in this process, such as overlooking symptoms or failing to perform necessary tests, can lead to serious missteps, like failing to diagnose critical conditions like cancer or brain damage.

Delayed Diagnosis

A diagnosis that comes too late can cause a patient’s condition to worsen, leading to new complications. A timely medical assessment is crucial to prevent deterioration and further health issues.

Misdiagnosis

Misdiagnosing a patient is a frequent cause of medical malpractice claims. Incorrect diagnoses can lead to unnecessary and harmful treatments, while the real health issues remain untreated.

Medication Errors

While medications are essential for managing symptoms and pain, they can be harmful if mishandled. Healthcare providers must ensure the correct administration of medications, including accurate dosing.

Surgical Errors

Surgeries require precision and preparation. Errors during surgery can include leaving instruments inside the patient, operating on the wrong site, or performing incorrect procedures.

Anesthetic Errors

Anesthesia is critical for many procedures but carries risks if improperly administered. Anesthesia errors can be fatal, especially if a patient has unknown allergies or incorrect dosage.

Drug Allergies

Healthcare providers must identify and avoid prescribing medications that patients are allergic to. Proper care involves considering a patient’s medical history and current medications to avoid adverse reactions.

Incorrect Procedures

This term encompasses various errors where a doctor either fails to perform the necessary action or performs an inappropriate one, such as operating on the wrong limb due to an X-ray being read backward.

Case Merit

In medical malpractice claims, the plaintiff must present a Certificate of Merit indicating a consultation with a physician who supports the claim’s validity. This ensures that claims are based on expert medical opinions rather than assumptions about a doctor’s negligence.

For anyone impacted by medical negligence, seeking legal advice from an expert attorney is essential to determining the viability of their case and managing the court system. Speak with a Long Island medical malpractice attorney about your options and case.

Compensation for Medical Malpractice on Long Island

The value of a medical malpractice claim varies depending on the case’s specific circumstances. The legal process will focus on determining the appropriate compensation amount.

Key factors influencing a higher settlement include the severity and permanence of the injury, whether ongoing medical care is required, and the impact on life expectancy.

Your contribution to the fault also plays a role, especially in New York, which follows the comparative negligence principle. Under this rule, your compensation will be reduced by the percentage of fault assigned to you.

For instance, if you are found 20 percent at fault for your injuries, your awarded damages will decrease by 20 percent.

Overview of New York Medical Malpractice Procedural Requirements

In New York, when pursuing a medical malpractice lawsuit, both the lawyer and the claimant must adhere to certain procedural legal requirements. The claimant must submit three key declarations to the court:

• The attorney representing the case has consulted with at least one licensed medical expert.
• The attorney is convinced that the medical expert possesses the necessary knowledge concerning the claim’s issues.
• The attorney is filing the medical malpractice lawsuit based on the belief that it has reasonable grounds, supported by the expert’s opinion and all pertinent evidence.

How to Prove Medical Malpractice?

To establish a medical malpractice claim in Long Island, the following four critical elements must be proven:

• Duty of Care: There must be a demonstrable doctor-patient relationship to confirm that the healthcare provider has a duty of care towards the patient.
• Breach of Duty: It needs to be shown that the healthcare provider failed to meet the accepted standard of care, meaning they did not act in a manner consistent with how a reasonably competent healthcare provider would have acted under similar circumstances.
• Causation: The patient must prove that they suffered an injury directly caused by the healthcare provider’s breach of duty. This injury should not have occurred if the standard of care had been met.
• Damages: Lastly, the injury must have led to significant damages, which can be economic (like medical bills and lost wages) or non-economic (such as pain and suffering).

Call Our Long Island Medical Malpractice Lawyers Today for a Free Consultation

If you suspect you have a medical malpractice case, contact the CEO Lawyer Personal Injury Law Firm and consult with our expert medical malpractice attorneys in Long Island. Please provide detailed information about your experience, including your specific illness or injury and the events leading up to it.

Our attorneys specialize in medical malpractice and are committed to carefully guiding you through the evaluation process. During your free case evaluation, we will assess the details of your situation and explain whether you have grounds for a medical malpractice claim.

There is no fee for this evaluation, and you are not obligated to retain our services.

To pursue compensation for your injuries, it’s crucial to assert your rights. Contact us today at (516) 689-1132 to discuss your potential case.