Dedicated Long Island Attorneys for Victims of Negligent Health Care Providers
When a doctor makes a careless or reckless mistake, the consequences can be devastating and even tragic. The medical malpractice lawyers at Duffy & Duffy are committed to representing patients throughout Long Island and the surrounding areas who have been hurt by the negligence of the physicians treating them. We have earned a reputation as aggressive and capable litigators, and we will take the time to talk through your case, listen to your concerns, and guide you through the legal process of seeking compensation. We have assisted individuals from the Bronx and Queens as well as Nassau, Suffolk, and Kings Counties.
Hold Doctors and Hospitals Accountable for Your Injuries
The first objective in any medical malpractice action is to establish the basic elements of a negligence claim. To assert your right to compensation, you must define the standard of care in the locality and specialty where the treatment occurred. “Standard of care” is a way of describing the degree of skill and caution that the typical medical provider with a level of knowledge and training similar to the defendant would exercise under similar circumstances. Then, you must show that the doctor, nurse, or other professional breached the standard of care and that the careless conduct caused injuries from which you incurred quantifiable damages.
One issue related to the victim’s burden of proof in a medical malpractice case is the requirement for expert testimony. Since these lawsuits are complex, the average juror may not be capable of understanding what happened and assessing liability without explanations provided by a specialist in the field. Therefore, New York law requires expert opinion testimony to prove that a medical provider’s actions constituted a breach of the applicable standard of care. The witness is also required to provide evidence that the breach directly caused the injuries. Medical malpractice cases often hinge on expert testimony, and it is thus of utmost importance that a qualified expert is retained. Skipping this step can result in the dismissal of claims long before trial occurs.
The laws of New York limit the time period in which medical malpractice actions may be brought. It is useful to retain experienced legal representation to avoid missing deadlines and facing the prospect of having your claim dismissed. Generally, a claim for medical negligence must be brought within two and a half years from the date of treatment or error. However, there are some special rules depending on the circumstances of your case.
First, there may be a situation where you have been treated continuously over a long period of time and do not know exactly when the medical error occurred. In many such cases, you must bring your claim within two and a half years of the date of your last treatment. The limitations period can be extended in these cases because many patients continue treatment in an attempt to improve their condition and cannot be expected to interrupt it in order to make a medical malpractice claim.
In other cases, someone may make the shocking discovery that a foreign object has been left in his or her body following a procedure. Under these circumstances, regardless of when the surgical error took place, a lawsuit must be brought within one year of the discovery of the object, or the realization of facts that would lead to its discovery. Since different limitations periods can apply depending on the circumstances of your case, you should contact a qualified lawyer as soon as you suspect you have suffered harm as a result of a physician’s negligence. Our attorneys can take the necessary steps to protect your claims.
Discuss Your Medical Malpractice Claim with a Long Island Lawyer
If you have been hurt as a result of malpractice in Long Island or beyond, the medical negligence attorneys at Duffy & Duffy can answer your questions and begin the process of seeking damages for your injuries. We serve individuals throughout New York with the compassion and dedication that they deserve. Contact us online, or call (516) 394-4200 to speak with one of our attorneys today.