When doctors, nurses, and other healthcare professionals violate their professional duty, patients become seriously hurt. Patients who are harmed by medical negligence have the right to pursue financial compensation to cover the cost of their injuries and other losses.
Medical malpractice claims require specialized knowledge and experience. Injury victims deserve strong representation from a Queens medical malpractice attorney who understands both medical and legal issues.
Unfortunately, medical malpractice lawsuits are some of the most complex. They require not only a thorough knowledge of the law but also a deep understanding of medicine. Our New York medical malpractice lawyer can provide the sound legal advice you need so you can obtain the full compensation you are entitled to.
Understanding Medical Malpractice in Queens, NY
Medical malpractice occurs when healthcare providers fail to meet accepted standards of care in their field. This failure must directly cause harm to the patient. Not every poor outcome represents medical malpractice, but when medical professionals make preventable mistakes, patients suffer serious injuries.
Queens medical malpractice cases involve hospitals, clinics, doctors’ office locations, and other medical facilities throughout Queens County. Queens residents trust their healthcare providers to deliver safe, competent medical care. When that trust is broken, a Queens medical malpractice lawyer helps hold negligent parties accountable.
Medical errors can happen anywhere medical services are provided. Emergency room settings, surgical suites, and even routine office visits can result in medical negligence when providers fail to follow proper protocols.
Common Types of Medical Malpractice
Although not every medical error made by healthcare professionals is considered medical malpractice, there are some types of medical negligence that are more common than others. These include:
- Misdiagnosis
- Failure to timely diagnose
- Emergency room errors
- Prescription drug errors
- Failing to obtain a full patient history
- Surgical errors
- Operating on the wrong body part
- Anesthesia errors
- Birth injuries
- Hospital negligence
- Use of defective medical devices
- Failure to obtain a patient’s informed consent
Medical malpractice cases often involve multiple forms of negligence. Medical providers who fail to properly treat conditions or communicate with patients create dangerous situations.
Diagnostic Errors and Delayed Treatment
Diagnostic mistakes rank among the most common medical errors in New York. When doctors fail to correctly identify a condition, patients miss out on timely treatment. Delayed diagnosis of cancer, heart disease, or infections can have life-threatening consequences.
Medical professionals must order appropriate tests and review results carefully. Failing to follow up on abnormal findings or dismissing patient concerns can constitute medical negligence.
Surgical and Anesthesia Mistakes
Surgical errors happen more often than patients realize. Doctors and surgical teams must follow strict protocols to prevent mistakes. Wrong-site surgery, nerve damage, and post-operative infections can result from medical negligence.
Anesthesia errors pose serious risks during any procedure. Improper dosing, failed monitoring, or delayed response to complications can cause brain damage, organ failure, or death. These preventable mistakes form the basis of medical malpractice claims.
Birth Injuries and Maternal Care
Birth injuries affect both newborns and mothers when healthcare providers fail to meet standards of care. Delayed C-sections, improper use of delivery tools, and failure to monitor fetal distress can cause permanent disabilities. Queens families facing birth injuries need a medical malpractice attorney who understands obstetric negligence.
Medical professionals must recognize warning signs during pregnancy and delivery. When they miss complications or delay treatment, babies may suffer cerebral palsy, Erb’s palsy, or other lifelong conditions.
The Legal Standard to Establish Medical Malpractice
In most cases involving negligence, accident victims must prove four elements. These are the duty of care the defendant owed to the plaintiff, the breach of that duty, the link between the negligent act and the accident, and the damages or losses sustained. Although this standard is applied in most injury cases, medical professionals are held to a different standard.
To prove that a medical professional was negligent, a New York medical malpractice attorney will work with medical experts to establish the medical standard of care. The medical standard of care differs from the simple requirement to act in a reasonable manner that keeps everyone safe. Many factors influence the medical standard of care in any case, including the patient’s age, medical history, and the nature of the injury or illness.
Establishing the medical standard of care typically requires a full analysis of how another healthcare professional would have acted in the same situation. If a healthcare provider deviated from the medical standard of care, they have committed medical malpractice and can be held liable for paying compensation.
Medical experts review medical records and provide testimony about what should have happened. Their opinions help establish whether the healthcare provider met accepted standards in their specialty.
Building a Strong Medical Malpractice Case
Medical malpractice cases require extensive preparation and documentation. A Queens medical malpractice attorney must gather evidence from multiple sources. Medical records, expert opinions, and witness statements all play important roles.
Medical experts review treatment decisions and outcomes to identify deviations from standard care. These specialists come from the same field as the defendant and can explain complex medical issues to judges and juries. Their testimony often determines case outcomes.
The medical malpractice committee in New York State reviews potential claims before lawsuits can proceed. This preliminary review adds another layer to the legal process.
Types of Compensation Available
Victims of medical malpractice deserve compensation for all their losses. Economic damages include medical bills, lost wages, lost income from reduced earning capacity, and future treatment costs. Medical treatment needed to correct medical errors can be expensive and ongoing.
Non-economic damages address pain, suffering, and reduced quality of life. Serious injuries from medical negligence often cause permanent disabilities that affect every aspect of daily living. Significant compensation may be available depending on the severity of harm.
Wrongful death claims provide compensation when medical negligence causes fatal outcomes. A loved one or family member can pursue damages for funeral expenses, loss of support, and loss of companionship.
The Statute of Limitations in Medical Malpractice Cases
Like other personal injury cases, those involving medical malpractice are governed by a statute of limitations, or a time limit. Injured patients have only 2.5 years from the date the medical malpractice occurred to file a claim for damages. Although there are some exceptions to the law, they are extremely limited.
New York State law treats the statute of limitations strictly. Missing this deadline means losing your right to recover compensation regardless of how strong your case might be. A Queens medical malpractice lawyer ensures all paperwork is filed on time.
If you do not file your claim within the statute of limitations, you will lose any legal right to recover any compensation at all. Some cases involve continuous treatment, which can affect when the clock starts. Consulting with a medical malpractice attorney early protects your rights.
How Our Law Firm Handles Medical Malpractice Claims
Our law firm focuses on representing injury victims throughout Queens, NY and surrounding areas including Staten Island. We provide legal services specifically tailored to medical malpractice claims. Our law office has extensive experience with complex medical cases.
The senior partner leads a team dedicated to achieving maximum compensation for clients. We have recovered millions in settlements and verdicts for Queens clients over the years. Each medical malpractice lawsuit receives individual attention and aggressive representation.
Our practice areas include all forms of medical negligence, from hospital negligence to nursing home abuse. We also handle other personal injury matters, such as car accidents, when needed.
Why Choose Our Queens Medical Malpractice Attorney
An experienced medical malpractice attorney understands the medical and legal complexities these cases involve. Our team works with top medical experts who can explain what went wrong and why. We handle cases other firms might consider too difficult.
Queens medical malpractice claims require local knowledge of hospitals, medical providers, and court procedures. Our main office serves Queens residents who need strong representation. We know which NYC health facilities have histories of problems and which doctors have faced prior claims.
Medical malpractice cases demand significant resources and time. We advance all case costs and only get paid when you receive a substantial settlement or verdict. This arrangement lets you focus on recovery while we handle the legal battle.
Steps to Take After Medical Negligence
Contact a Queens medical malpractice attorney as soon as you suspect medical negligence. Early consultation helps preserve evidence and protect your rights. Our team offers a free consultation to evaluate your potential claim.
Obtain copies of all medical records related to your treatment. These documents provide the foundation for your medical malpractice claim. A medical malpractice lawyer can request additional records you might not have access to.
Follow all current treatment recommendations and document ongoing symptoms. Continuing medical care shows the extent of your injuries and helps establish damages. Keep records of medical bills, lost wages, and other expenses related to the medical error.
Our Commitment to Queens Families
Queens families facing serious injuries from medical malpractice need compassionate representation. We understand the emotional and financial stress these situations create. Our law firm provides personal attention to every client.
We offer a free case review with no obligation. During this confidential consultation, we explain your legal options and answer your questions. You’ll learn whether you have grounds for a medical malpractice lawsuit and what compensation you might recover.
Our attorneys maintain close communication throughout your case. We keep you informed about developments and explain legal strategies in plain language. You’ll never wonder about your case status when working with our team.
Frequently Asked Questions
How do I know if I have a medical malpractice case?
Medical malpractice exists when a healthcare provider fails to meet accepted standards of care and causes injuries. Not every bad outcome qualifies as medical malpractice. A Queens medical malpractice lawyer can review your situation during a free consultation to determine if you have a valid claim. Key factors include whether the medical professional deviated from standard care, whether that deviation caused harm, and whether you suffered significant compensation-worthy damages like medical bills or lost income.
What types of medical errors can lead to malpractice claims?
Common medical errors include misdiagnosis, delayed diagnosis, surgical errors, anesthesia errors, medication mistakes, and birth injuries. Emergency room mistakes, failure to properly treat conditions, and hospital negligence can also support medical malpractice cases. Medical providers who fail to obtain informed consent or ignore patient symptoms may be liable. A medical malpractice attorney works with medical experts to prove these failures violated accepted standards of care.
How much is my medical malpractice case worth?
Compensation varies based on injury severity, treatment costs, lost wages, and other factors. Significant compensation may include medical bills, future medical treatment costs, lost income, pain, suffering, and reduced quality of life. Serious injuries requiring long-term care typically result in higher settlements. Wrongful death cases compensate families for their losses. A Queens medical malpractice attorney evaluates your specific situation to estimate potential compensation during your free case review.
How long does a medical malpractice lawsuit take?
Medical malpractice cases typically take 18 months to several years to resolve. New York medical malpractice claims must go through the medical malpractice committee review process before proceeding to court. Complex cases involving multiple medical providers or hospitals take longer. Many cases settle before trial, which speeds up the timeline. An experienced medical malpractice attorney keeps your case moving forward while building the strongest possible claim for maximum compensation.
What should I bring to my consultation with a medical malpractice lawyer?
Bring all medical records related to your treatment, including test results, discharge papers, and prescription information. Documentation of medical bills, lost wages, and other expenses helps establish damages. Write down a timeline of events and any questions you have. A list of all medical professionals and healthcare providers involved is helpful. During your free consultation, a Queens medical malpractice lawyer reviews these materials and explains your legal options. Don’t worry if you don’t have everything – the attorney can request missing records.
Call Our Experienced Medical Malpractice Lawyer in New York Today
Sustaining an injury due to medical negligence is a traumatic and overwhelming experience. At Poltielov Law Firm P.C., our New York medical malpractice lawyer works closely with patients and their families to help them claim the full damages they are entitled to.
We serve clients throughout Queens, NY, Staten Island, and the surrounding areas. Our team has extensive experience with medical malpractice cases involving hospitals, nursing home facilities, and private practices. We’ve recovered millions for victims of medical negligence.
Contact us today for a confidential consultation about your medical malpractice claim. Call us now at 718-880-2911 or reach out to us online to schedule a consultation and to learn more about your legal options. Let an experienced medical malpractice attorney fight for the compensation you deserve.