At Duffy & Duffy, our experienced Long Island attorneys offer solid legal counsel and representation to people who have suffered from negligence and medical malpractice. We are staunch advocates for patients of negligent physicians and nurses throughout New York. We have shed light on uninsurable doctors who continued practicing and held insurance companies accountable for dictating patients’ courses of treatment, leading to tragic outcomes. Our lawyers serve injured individuals throughout Nassau, Suffolk, and King Counties, as well as the Bronx, Queens, and other areas of New York. We empower patients to question their medical care and seek professional counsel if they suspect something has gone awry.
Our firm was started in 2001 when James Duffy and his son Michael combined their experience to form one law firm committed to the idea that fighting medical malpractice begins with patient safety. Over the years, many skilled trial attorneys have joined us, and we have won numerous landmark cases and awards. We are prepared to handle the full range of medical malpractice cases, including those that are extraordinarily challenging and complex. Our firm also represents victims of nursing home abuse and other types of negligence.
Not all physician or nursing errors constitute malpractice. Medical malpractice exists when a health care provider violates the standard of care, and that violation causes an injury to a patient. In New York, generally you have a statute of limitations of two and a half years to file a medical malpractice claim. This time period starts running either when the negligent act takes place, or when a continuous treatment that harmed the patient ends. There can be statutes as short as 90 days, however each case must be analyzed thoroughly to determine the Statute of Limitations.
The standard of care can be defined as the course of action, accepted by the community of similar professionals, that a reasonable doctor or professional handling the patient’s condition would use. The standard can vary from specialty to specialty, and it may vary based on other factors, such as a patient’s age and condition. For example, the standard of care for a diagnosis of breast cancer might be different for a pediatrician examining a 15-year-old girl and an emergency room doctor examining a 60-year-old woman.
A medical malpractice plaintiff will also have to show that the professional’s breach of the standard of care is the actual and proximate cause of injury to the victim. It can be challenging to show that a patient’s deterioration is not simply a worsening of the underlying condition, rather than the fault of the doctor. The element of proximate cause may require the testimony of a medical expert. For example, newborns sometimes suffer birth injuries, such as brain damage, during the birthing process. You can sue for negligence if the doctor’s actions caused the harm, but not if it is the result of other factors, such as maternal conduct during the pregnancy or heredity. The defendant will likely present an expert who argues that heredity or maternal behavior caused the harm. Your attorney would have to present expert testimony to show that a standard of care was breached and the breach caused the injury.
If you can prove medical malpractice, you likely will be able to seek compensation for costs and losses, such as extra medical expenses, lost wages or income, and pain and suffering. In some cases, such as when a health care professional acts with malice or fraud, punitive damages to punish an individual or a hospital may be appropriate.
If you have been hurt by medical negligence in Long Island or the nearby areas, the medical negligence lawyers at Duffy & Duffy can answer your questions and seek damages for the harm you have suffered. We understand how much trust is placed in doctors and other professionals, and how destructive their careless actions can be. Contact us by calling (516) 394-4200 or completing our online form to schedule a free consultation with one of our attorneys.
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