Every day, our Long Island medical malpractice attorneys see the consequences of medical mistakes. These occurrences are more prevalent than you may realize. According to the Institute of Medicine, between 44,000 to 98,000 people die annually because of a preventable medical mistake. Advancements in medicine over the last 50 years have been nothing short of miraculous. However, a potential downside of this is that there is more opportunity for medical error.
Complicated surgeries, new medicines being released almost daily, and under-funded hospitals all open a door for potential mistakes by medical personnel. These mistakes cause tragedy and death. Our malpractice lawyers handle cases such as these daily, and understand the pain you are going through. If you have been a victim of what you suspect was medical negligence, the Long Island medical malpractice attorneys from Duffy & Duffy are here to help.
What is Medical Malpractice under New York Law?
Medical malpractice results from negligent acts by doctors, medical staff and hospitals. This negligence can occur in many ways, including misdiagnosis, surgical error, birth injuries, errors in prescribing medications, and many more.
Common New York Medical Malpractice Issues Seen by Long Island Medical Malpractice Attorneys
According to the Physician Insurers Association of America, failure to diagnose is the most common complaint in medical malpractice actions. Failure to diagnose is a serious medical matter, as it can cause significant delays in a patient’s treatment. This can lead to additional suffering, further injuries or death.
A somewhat related claim brought to our Long Island medical malpractice attorneys is error in diagnosis. Both the failure to diagnose as well as errors in diagnosis together account for over 40% of all medical malpractice cases.
Another common medical malpractice allegation arises from an incorrectly performed procedure. This means that all or part of a medical procedure undergone by a patient caused injury or damage. This damage can be immediately evident at the time of the surgery, or not appear until later in the patient’s recovery.
Additionally, the Long Island medical malpractice attorneys at Duffy & Duffy often come across claims regarding failure of the physician to perform a medical procedure. This too is a serious issue, as this failure to perform a procedure can create potential life-threatening situations.
Filing a Lawsuit with Our Long Island Medical Malpractice Lawyers
Our New York medical malpractice attorneys are highly experienced in being able to recognize legal issues and determine if there is an actionable case. Numerous laws exist that protect doctors from legal action from trivial errors that do not cause harm. However, when a situation has gone terribly wrong, and you or a loved one suffers serious injury or death, there may be a medical malpractice action present. For this reason, it is critical you speak with a Long Island medical malpractice attorney who specifically practices medical malpractice, who will be able to use his legal judgment and experience to determine if you have a case, and how best to proceed.
Statutes of Limitations for New York Medical Malpractice
In New York, there is a time deadline for filing a medical malpractice claim. The deadline to file a medical malpractice claim is generally two and one half years, but this can vary based on the type of action, the continuous treatment doctrine, injuries that could not be discovered, the age of the victim (being a minor) or other tolling exception. In some cases, the window can be even smaller. These deadlines are firm; if the deadline passes, you lose your right to file a claim and our medical malpractice lawyers cannot pursue a claim on your behalf. In order to protect your rights, it is important to take action today.
Consult with Duffy & Duffy’s Medical Malpractice Lawyers on Long Island, New York to Discuss Your Case
The Long Island medical malpractice attorneys at Duffy & Duffy are here to answer your questions and provide you the guidance you need for your medical malpractice claim. In the best of all possible worlds, every victim of medical malpractice would receive compensation for the injuries. However, this is not always the case. Your Long Island medical malpractice attorney at Duffy & Duffy can explain that only legitimate cases where significant injury and economic loss are present merit a lawsuit. We invite you to call and speak with one of qualified Long Island medical malpractice attorneys to learn more about what legal options you have.