Medical Malpractice Lawyer Long Island
If you or a loved one are sick, injured, or in need of medical attention, you seek help from a medical professional. You place your utmost trust in these individuals, assuming that these earnest health care professionals will help you to the best of their abilities. You also probably under the impression that they will not commit any medical malpractice on you or your loved one. Medical malpractice takes place when a hospital, doctor, or any other health care professional causes an injury or death to a patient, through a negligent act or omission. Medical malpractice may be the result of a wide range of errors, such as misdiagnosis or improper health management. In these instances, medical malpractice lawyers Long Island represent victims in medical malpractice cases.
While the fear of medical malpractice may loom in the back of some minds, health care professionals generally do their best. But, what if their “best” fails you? What if they do not give you their “best?” Sadly, medical malpractice may occur more often than we realize. According to a Johns Hopkins study, medical errors are the whopping third-leading cause of death in the United States, only behind heart disease and cancer.
Read more below to learn about the intricacies of medical malpractice, the different examples of medical malpractice cases, and ways in which a medical malpractice lawyer can help you. Contact us, leading Long Island medical malpractice lawyers, as soon as possible for an initial consultation. During our consultation, a doctor negligence lawyer well-versed in medical malpractice cases will be able to directly speak about you or your loved one’s current situation, in order to develop a clear understanding of your needs and how Harrison Law Group, P.C. can help. The sooner you contact our team of experienced attornies, the faster we will be able to begin your road to recovery. Reach out to us today.
What Is Needed to Establish A Medical Malpractice Case?
Unlike many other countries, in the United States, medical malpractice law is not dictated by the federal government. Instead, individual states have the authority to dictate medical malpractice law. In the state of New York, there are no dollar caps on the amount of damages a victim is able to recover; contrastingly, in 35 U.S. states, there are compensation caps. Separately, in New York State, regarding adults, the statute of limitations from time of injury is two years and six months. For minors, the statute of limitations of two years and six months begins to run after the victim reaches adulthood.
There are a few characteristics that may be utilized to establish a medical malpractice case.
Was The Standard of Care Violated?
Standard of care refers to the particular medical standards that are recognized within the health care profession as acceptable medical treatment by reasonably prudent medical professionals under comparable circumstances. Moreover, patients have the right to expect that medical professionals will provide care consistent with these expectations. As a result, negligence may be established, if the standard of care was violated.
Was The Injury Or Death Caused By A Health Care Professional’s Negligence?
While the violation of the standard of care might be able to establish negligence, it is best that the victim is able to show that but for the health care professional’s negligence, the injury would not have occurred. Even in the best of circumstances, an injury is unfavorable; yet, an injury itself is not enough to prove negligence and malpractice. Rather, the victim must show that the medical professional’s negligence caused the injury.
Did The Injury Lead To Significant Damage?
It may come to no surprise; medical malpractice lawsuits can be extremely costly. They oftentimes require countless expert testimonies, hours upon hours of deposition testimony, and a lengthy discovery period. A victim must show that they have suffered through significant injuries and damages, as a result of medical negligence, in order for the case to be viable. If the damages are not substantial enough, the expenses related to pursuing the case may be larger than the potential compensation.
What Are Common Examples Of Medical Malpractice?
Medical malpractice is not a one size fits all. Patients may fall victim to medical malpractice through a variety of different means. These are a few examples of medical negligence that can lead to a medical malpractice suit.
Failure to diagnose or misdiagnosis might be the result of a health care professional failing to listen to the patient, disregarding patient history, failing to recognize symptoms, ordering an improper test, or misreading or ignoring laboratory results.
Anesthesia errors may take place in the instance that a medical professional fails to choose the correct drug, administers anesthesia at the incorrect time, uses machines incorrectly, does not act according to changes in vital signs, or inadequately monitors vital signs.
Medical Device Mishap
A manufacturer may be culpable for medical malpractice if their medical device is defective or has inadequate warnings and these defects result in a patient’s injury or death. Separately, a non-defective medical instrument may cause injury or death, if a health care professional negligently uses the tool.
What Damages Can I Collect In A Medical Malpractice Case?
A medical malpractice lawyer can help you collect the compensation that you are entitled to. Damages that a victim may be awarded can be divided into two categories: compensatory damages and punitive damages.
A medical malpractice lawyer will assist their client in collecting compensatory damages. Compensatory damages include out-of-pocket losses and other general damages that a victim faces, as a result of the injury. Out-of-pocket damages may include medical and hospital expenses and wages lost during recovery. General damages may account for pain and suffering and projected lost wages.
Punitive damages may be pursued by the victim’s medical malpractice lawyer in the event that the health care professional was intentional or reckless in their conduct, which lead to the victim’s injury or death. For example, in a case where a surgeon performed an operation on a patient, aware of the potentially fatal post-surgical bleeding, yet left without checking on the patient’s status, the patient’s widow may anticipate that her medical malpractice lawyer seeks punitive damages on her behalf.
How Can A Long Island Medical Malpractice Lawyer Help You With Your Case?
If you believe that you may have a medical malpractice case on your hands, you are probably wondering what your next steps should be. Finding an experienced medical malpractice attorney is pivotal, as medical malpractice cases intertwine both the legal and medical fields. By nature, medical malpractice lawsuits are complex. It is crucial to find a medical malpractice attorney who will help you review information, in order to establish a firm claim. After your claim has been filed, your medical malpractice lawyer will navigate through complicated and cumbersome medical records. Medical malpractice lawyers will also search for any necessary additional evidence and testimony to further substantiate your case. Furthermore, your medical malpractice attorney will inform you of your legal rights and potential options. Arguably one of the most advantageous aspects of having medical malpractice lawyers by your side is that they handle difficult legal questions and procedural rules. For instance, the limitations for filing medical malpractice claims in New York. Ultimately, medical malpractice lawyers help you obtain the compensation you deserve.
Contact Long Island Medical Malpractice Lawyers Now
A health care professional’s medical responsibility is not a novel idea; rather, it can be traced back to 2030 BC when the Code of Hammurabi stated that “If the doctor has treated a gentlemen with a lancet of bronze and has caused the gentleman to die, or has opened an abscess of the eye for a gentleman with a bronze lancet, and has caused the loss of the gentleman’s eye, one shall cut off his hands.” While we have moved away from antiquated methods of retribution, the fundamental goal behind medical malpractice law remains the same: victims deserve to be made whole again. Today, leading Long Island medical malpractice lawyers are here to represent victims and to make them whole again.
Medical malpractice lawsuits are complicated and extensive. Finding the right medical malpractice attorney will help you navigate the challenging journey. Our Long Island medical malpractice lawyer team at Harrison Law Group, P.C. is here to represent you with the confidence and expertise that you require and deserve.