Doctors, hospitals, or other medical professionals must meet a medical standard of care – and these parties could be deemed liable for malpractice when a patient suffers harm due to negligent or incompetent care. Some common types of medical malpractice include failure to diagnose or misdiagnosis, improper treatment, and failure to warn the patient of risks.
If a doctor commits any of those mistakes, he or she could face a claim of medical malpractice. If you or somebody you love was injured in New York and suspect malpractice, consider speaking with someone from our team to learn your options. A medical malpractice attorney from Rosenberg & Gluck, L.L.P. could help you seek damages for your injuries and suffering.
For a free legal consultation with a medical malpractice lawyer serving Nassau County, call 516-451-7900
Compensation for Medical Malpractice Victims in Nassau County
If you win a medical malpractice lawsuit, you may be awarded general, special, and punitive damages. General damages encompass a patient’s suffering that cannot be easily quantified. Some general damages include:
- Loss of enjoyment of life
- Physical and mental pain and suffering
- Loss of future earning capacity
Special damages are more exact than general damages because of their clear monetary values. Special damages cover the losses that are more easily quantifiable. Some special damages include:
- Medical expenses
- Lost wages from days that you needed off of work to recover
Punitive damages focus on punishing the doctor who committed medical malpractice, as opposed to helping the victim recover. The jury will assign punitive damages if it believes that the doctor was intentionally or egregiously harmful and deserves punishment beyond the amounts from the general and special damages.
Limits on Damages
The state of New York does not impose any caps on punitive or economic damages in a medical malpractice case. People who believe their providers committed negligence can collect as many damages as a jury or insurance company deems fair based on several factors, including the cost of medical care, loss in life quality, and physical pain and suffering the claimant suffers.
Nassau County Medical Malpractice Lawyer Near Me 516-451-7900
How a Medical Malpractice Lawyer Can Help with Your Nassau County Case
Medical malpractice involves complex matters of state law. As such, it can be very challenging to take on yourself. We have specific experience with proving medical negligence and know how to appropriately handle these types of cases.
Medical malpractice may involve high damages arising from expensive medical bills and general damages such as physical pain and suffering, emotional anguish, and loss in life quality. If you’ve been a victim of medical malpractice, you could benefit from legal representation and help with the process of filing these types of claims.
Why Choose a Medical Malpractice Attorney?
Not all attorneys have the same experience or knowledge base. Some personal injury attorneys work extensively within the scope of medical malpractice; others do not. Victims seeking to recover damages that result from a provider’s negligence may want to elicit help from our attorneys. Our team can accurately represent your rights and demand fair compensation for your injuries, pain, and suffering.
Hiring an attorney for a medical malpractice case is a little like getting a medical procedure itself. If you needed a hip replacement, you likely wouldn’t ask your primary care provider to do the job. You would likely find an orthopedic surgeon and ensure hip replacements are within his or her scope of practice. Choosing to hire a personal injury attorney with extensive experience with medical malpractice is similar.
Rosenberg & Gluck, L.L.P. Can Produce Results for Malpractice Victims
Generally, hiring a medical malpractice attorney helps for a few reasons:
- We can file a certificate of merit for you. In New York, an attorney must file a certificate of merit (per CPLR § 3012-A) and observe a statute of limitations to establish the viability of a medical malpractice lawsuit. Failure to observe these procedures could lead to a dismissal. An attorney from our team knows the rules and regulations that apply to filing these types of claims.
- We know how to prove negligence. Matters involving professional negligence involve complex health subjects and require a general knowledge of the healthcare system and medicine. Our injury attorneys know how to establish the elements of a viable medical malpractice claim across several medical specialties.
- We are recognized for our past results. An attorney who has demonstrated experience with medical malpractice laws is more likely to command respect and proper attention from a defendant’s counsel or medical malpractice insurance agency.
- We have expert witness contacts to build strong evidence. One of the most important aspects of a medical malpractice claim is gathering expert testimony from similarly – trained medical professionals. Our medical malpractice attorneys have spent years developing professional contacts – and their testimony helps our clients establish how a provider deviated from an established standard of care and committed negligence.
- We know the law. Depending on the jurisdiction, a victim of medical malpractice must observe certain other pre-trial motions, particularly when a claim involves a government entity. Failure to observe the basic procedural elements of a case could cause a judge to dismiss the case, even if medical malpractice did occur.
The medical malpractice attorneys at Rosenberg & Gluck, L.L.P. have worked broadly within the scope of medical malpractice, handling many different types of claims. Whether your injury stemmed from a Nassau County doctor’s failure to diagnose or a nurse’s neglect in monitoring the birth of a child, we can help you with many forms of malpractice.
How We File Your Medical Malpractice Case in New York
If you’ve suffered from medical malpractice on the part of a doctor, hospital, or other medical professionals, we can seek compensation on your behalf under New York law. You don’t have to learn medical malpractice law or gather evidence yourself, as we will handle all of these legal details for you.
During the process, we will keep you fully in the loop. We will help you understand the basic laws and procedures that govern these types of claims to help you make informed choices about your case.
Additionally, we will assist you with the following services:
Obtaining Medical Records and Other Documentation
Retaining the services of a medical malpractice attorney can be an essential step in protecting your right to compensation following medical malpractice. However, to properly assist the claimant, an attorney must have access to relevant medical records. These records contain valuable evidence that could make or break a medical malpractice claim.
Documents that pertain to a person’s health care fall under the purview of strict privacy laws. We can guide you on how to help us build this evidence for your case. Keep in mind that:
- Patients who want access to their medical records must make the request to the appropriate department, sign a release, and wait for them to arrive at their destination.
- Generally, it’s advantageous for a victim to request a copy of his or her own medical records as soon as he or she suspects medical malpractice.
- Preparing a copy of these medical records before meeting with our team can speed up filing a claim.
Once we have access to your medical records, we will:
- Analyze the situation and see if a viable claim for professional negligence exists
- Begin the process of filing a claim and certificate of merit with the appropriate court system
Determining Who Was Liable
Medical malpractice cases may arise from medication errors, surgical errors, failure to diagnose, or a myriad of other reasons. Medical conditions and treatments can be complicated to understand, but we can examine your medical records and work with experts to determine who and what was the exact cause of your injuries.
One of the most important aspects of litigating a case involving professional negligence is determining the party responsible for a patient’s injuries. A medical malpractice lawyer from our team can help by identifying a form of financial recourse available to victims and holding the appropriate party accountable for their actions.
Notifying the Appropriate Party and Filing a Claim
One of our medical malpractice lawyers will handle the negotiation process with the defendant’s insurance company to gain maximum compensation for your material and immaterial losses.
We will work to seek compensation for your past, present, and future losses. If we receive a settlement offer, we will advise you of these developments and help you make choices about when to accept a settlement.
In some cases, it can be advantageous for patients seeking damages for medical malpractice to first contact the would-be defendant directly and make notice of a pending claim.
In some instances, this will encourage the provider to act independently with his or her insurance company to settle the matter out of the trial process, without the need for a formal claim filing process. Taking this step generally allows victims of medical negligence to gain compensation for their injuries sooner.
However, we can guide you on how to take action with any communication in your case.
Litigating for You at Trial, If Necessary
If notifying the defendant proves unfruitful, then a plaintiff’s attorney can begin the process of filing a formal professional negligence claim for trial.
One of our attorneys will then:
- Draft a certificate of merit
- File any pretrial motions
- Gather expert testimony
- Follow other important legal procedures that help identify the presence of medical malpractice
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How Much Does It Cost to File a Medical Malpractice Lawsuit?
A medical mistake, such as a failure to diagnose or properly treat a medical condition, can lead to serious expenses for patients. Not only do patients endure medical bills that arise from complications, but they may also lose their ability to work for living wages. This can lead to serious financial straits.
Many people believe they cannot afford to bring medical malpractice claims to trial, but this is an erroneous assumption. The civil justice system exists to help all victims of negligence find financial recourse for their injuries as well as pain and suffering. If you work with our team, it costs you nothing upfront to file a medical malpractice lawsuit.
Our Lawyers Work Based on Contingency Fees
The first important thing to know about medical malpractice cases regards the attorney’s fee structure. Our medical malpractice team at Rosenberg & Gluck, L.L.P. use a contingency-fee structure for medical malpractice lawsuits. Under this concept, a plaintiff owes no legal fees unless our team wins a settlement or trial judgment on your behalf.
Here’s how the process works:
- Initial consultation: First, a patient who suspects medical malpractice makes an appointment with someone from our team. This first conversation is a free initial consultation that helps an injury victim understand their options. In the initial consultation, we will review the facts of the case and determine if a viable claim for medical malpractice exists based on the information available.
- Contingency-fee agreement: Then, if our attorney thinks that a provider committed professional negligence based on the law governing these types of cases in New York, we will agree to take the case on a contingency-fee basis.
When an attorney offers services on a contingency-fee-basis, the plaintiff owes nothing while a case is still pending. If a patient receives nothing from a lawsuit, then he or she owes nothing. If an attorney secures a settlement or judgment on a patient’s behalf, then the attorney will request payment of attorney’s fees from the claim award.
A contingency-fee basis works to protect both patients and attorneys during the claims process. On the one hand, it allows attorneys to be selective about the types of cases they accept, which helps avoid the trial process from filling up with frivolous lawsuits. This system also serves to protect patients from attorneys who would try to pursue cases that might not be viable and demand payment.
Costs Associated with Medical Malpractice Claims
Medical malpractice claims are unique in that they require depositions and insight from trained physicians. It’s common for physicians to charge hundreds of dollars an hour to review documents, provide testimony during pretrial motions, and produce a lawyer’s certificate of merit. Other costs associated with professional negligence claims involve trial costs and any expenses necessary to gather evidence that bolsters a claim.
Generally, medical malpractice cases are also more expensive when they go to trial, as they often last longer. The courts charge for the use of the courtroom, the judge’s time, and other expenses. For this reason, we will typically try to settle the matter in advance before a trial becomes necessary.
Overall, medical malpractice claims may be costlier to pursue. However, if a medical professional has been negligent, causing you harm, you can gain financial compensation for your material and immaterial losses, such as medical bills, lost wages, loss of life quality, and physical pain and suffering.
Additionally, by taking legal action, you could be protecting others from similar harm. If you’ve been the victim of medical malpractice in Nassau County, you can consult with our team to determine if it makes sense to pursue a case.
Who Can be Sued for Medical Malpractice?
When discussing the idea of medical malpractice, most people assume that physicians are ultimately responsible for any negligence that occurs throughout the course of a patient’s care. While doctors are generally in charge of a patient’s care, they are not the only ones who may be liable for any damages a patient suffers.
For example, a hospital, nurse, healthcare facility, pharmacist, or pharmaceutical company may also be at fault for a patient’s injuries. Learn who might be liable in a medical malpractice claim when you speak with someone from our team. One of our medical malpractice lawyers serving Long Island can pursue the party who is responsible for your injury.
Generally, a hospital is a public or private entity that can be responsible for a doctor or any other health care provider’s actions. A hospital can be directly liable for the negligence it causes, but it can also be vicariously liable for the actions of its employees.
Often, the hospital is responsible for an employee’s actions under a legal doctrine known as “respondeat superior.” This Latin phrase means “let the master answer” and holds that a hospital can be liable for the actions of its agents, such as its employees.
This doctrine provides an important form of recourse to victims of medical malpractice because it helps ensure that a financially responsible party (i.e., a large corporation) can adequately compensate a plaintiff for his or her material and immaterial losses.
Hospital negligence may fall under the following categories:
- Negligent hiring: A hospital employs many kinds of employees, from physicians to nurses and to pharmacists and technicians. When hiring people for these positions, a hospital has a responsibility to make inquiries and check into an applicant’s education, certification, and relevant training experience. If a hospital fails to do so and a provider’s actions lead to harm, the hospital may be responsible under the idea of negligent hiring.
- Insufficient staffing: Additionally, hospitals are also required to ensure that facilities always have adequate coverage to protect patients. Hospitals may be liable for any injuries that result from a nursing shortage, for example.
- Vicarious liability: A hospital may be responsible when a nurse or other technician fails to follow a physician’s orders.
In some cases, such as when a medication causes dangerous side effects, a pharmaceutical company can be to blame for a victim’s harms and losses. For example, a pharmaceutical company may be liable for any harm that results from taking a medication when that company failed to warn physicians of any side effects or possible dangers.
Cases involving pharmaceutical companies are unique because their primary duty is to physicians. As a manufacturer of drugs, it is responsible for informing providers of all the risks inherent in taking a medication, including any possible interactions with other drugs. When a medication causes injury in a patient, it might not be because of provider or pharmacist negligence, but because the manufacturer failed to warn of the risks.
These types of medical malpractice cases are generally mass tort or class action lawsuits. In other words, they affect a large population, and patients join a collective lawsuit that seeks to compensate many victims of negligence at once. The amount of damages will still depend on a victim’s unique circumstances.
New York Medical Malpractice Laws
When a health professional violates his or her duty of care and it leads to injury, victims should consider a medical malpractice claim to compensate them for their suffering. Under New York law, an individual who suffers harm as the direct result of a health care provider’s negligence can file a claim for any damages that result.
Discuss your case with our firm. We know the laws that govern medical malpractice in New York and will guide you in determining the legitimacy of your claim.
A Certificate of Merit
In New York, any plaintiff’s attorney who files a medical malpractice lawsuit must also submit a certificate of merit within 90 days of the action. This document must highlight the following:
- It must state the attorney reviewed the facts of a victim’s case and consulted with a physician. Based on the results of the consultation, the attorney believes a viable claim for medical malpractice exists.
- If a certificate of merit does not include a consultation with a physician, the attorney must certify that he or she made three attempts to do so in good faith with three separate physicians.
The laws governing medical malpractice in New York can be complex and can benefit from the guidance of a medical malpractice attorney serving Nassau County. If you or a loved one suffered harm at the hands of a medical provider, you may be eligible for compensation.
Proving Fault in Medical Malpractice Cases
Negligence, as a general concept, refers to an instance in which a person fails to act in a manner that another reasonable person would. Health care providers have a legal duty to provide treatment that’s in line with a “medical standard of care.” This varies by specialty and refers to a level and type of care a patient can expect from a competent professional.
One of the most important aspects of a medical malpractice claim is determining if negligence occurred. Medical negligence can occur in a variety of forms and differs from other kinds of personal injury. However, our injury lawyers must prove four elements of negligence in any medical malpractice claim:
- A doctor-patient relationship existed. You can show a relationship with proof that you hired him or her and he or she accepted your case, actively seeing you and administering treatment.
- The doctor was negligent. Proving this involves showing that he or she made a decision that a doctor with similar training would not have made in the same situation. If a doctor was not reasonably careful, he or she could have been acting negligently.
- The doctor’s negligence caused your injury. His or her unreasonable actions must have caused your injury, as opposed to some other health condition or circumstance.
- The injury led to specific physical or emotional damages. This could include the cost of treating the injury caused by negligence as well as the cost of treating your original injury. Less-tangible damages, such as your pain and suffering, are also considered here.
A patient can only pursue a medical malpractice claim when medical negligence leads to harm. A provider can deviate from a standard of care, but a viable malpractice claim only exists when a plaintiff can show how the negligence led to a worse health outcome.
How to Know If a Provider Could Be Liable for Malpractice
In sum, medical negligence occurs when a health care professional, such as a dentist, pharmacist, doctor, or hospital performs his or her job duties in such a way that deviates from a standard that a similarly-trained professional would find unacceptable. This means that a doctor fails in his or her duty to a patient.
If your case is less clear-cut, you may wonder if your situation constitutes malpractice. You may also wonder who could be deemed liable for your injuries, as a doctor, hospital, nurse, or another provider could be responsible. We can tell you definitively by reviewing the facts of your case.
Types of Medical Malpractice
Many different types of medical malpractice exist. Knowing the different occurrences of malpractice can help patients ascertain if they have viable grounds for potential professional negligence claims.
Some of the most common forms of medical malpractice include:
- Misdiagnosis or failure to diagnose
- Negligence during pregnancy and childbirth
- Prescription errors
- Negligence in surgery (i.e., anesthesia and surgical errors)
Many other forms of medical negligence exist, including the early discharge of a patient.
If you believe you have been a victim of medical malpractice, contact someone from our team as soon as possible to discuss your options. Our medical malpractice attorneys from Rosenberg & Gluck, L.L.P. have years of experience in pursuing Nassau County cases just like yours.
How Long do You Have to File a Medical Malpractice Lawsuit in New York?
New York, like all other states, observes a statute of limitations for filing a medical malpractice lawsuit. Under this law, plaintiffs who believe they have grounds for medical malpractice cases must file an action with the appropriate court system within a certain time frame.
Plaintiffs generally have two years and six months from the date that the medical malpractice occurred, per CPLR § 214-A. If that malpractice resulted from ongoing treatment, the 30-month clock begins to run on the date the treatment concludes.
Failure to comply with this rule could result in a judge dismissing the case, although there could be exceptions to this strict deadline in some situations. We can help ensure you meet this deadline if you contact our team in time.
Limited Discovery Exceptions to the Statute of Limitations
An important exception to the statute of limitations exists in New York. The limited discovery rule applies to situations in which a plaintiff may not reasonably discover an injury until after the standard statute of limitations passes.
Under the limited discovery rule, a plaintiff may have a different statute of limitations only if a foreign object was left in a patient’s body (such as after surgery). In this case, a plaintiff has one year from the discovery of the foreign object to file a claim.
Cases Involving Minor Children
New York, along with many other states, also has an exception for cases involving minor children. When medical malpractice occurs in the treatment of a child, the statutory clock does not begin to run until after the child’s 18th birthday. However, regardless of the child’s age when medical malpractice occurred, you cannot extend the suit more than 10 years from the date of the occurrence.
Consequences for Missing Deadlines
If filers attempt to file civil cases for medical malpractice after the deadline occurs, they will likely lose the right to sue their health care providers–unless one of the exceptions outlined above applies. It’s imperative to consult a personal injury attorney as soon as possible after an alleged act of medical malpractice occurs.
Call Our Team to Determine if You Have a Malpractice Case
In general, you may have a malpractice case if a medical provider did not provide you adequate care and their failure led to your injuries. This may sound straightforward in theory, but many malpractice cases can be less obvious.
If you believe a health care provider committed negligence – or if you aren’t sure if your case constitutes malpractice – you can learn what legal options are available by contacting our team. You can ask us any questions you may have about getting started with a claim or lawsuit, such as:
- What forms of damages you could qualify to seek, including pain and suffering
- How the statute of limitations could affect your case
- How we work with our clients throughout the process of an injury claim
- Our experience with medical malpractice cases
- And more
We know that many injury victims wait to seek legal representation because they have many questions about their cases.
You may also be concerned about what it will take to hold your care provider accountable. Medical malpractice claims play an important role in our civil justice system by keeping health care providers accountable and giving victims of negligence an important form of recourse. We can stand by your side and speak for the facts of your case throughout the whole process.
You don’t have to let your questions and concerns hold you back from starting the process. Call us today.
Our Medical Malpractice Lawyers Serving Nassau County Can Help
Doctors are trusted with the responsibility of helping people heal and recover from injuries and ailments. If a doctor harms you because of an unreasonable or neglectful decision, you deserve the chance to seek compensation. Contact Rosenberg & Gluck, L.L.P. for help at (516) 451-7900.