Table of Contents
- 1 New York Medical Malpractice Lawyers
- 2 What is Medical Malpractice?
- 3 Let our skilled injury lawyers help.
- 4 What Cases Does a New York Malpractice Attorney Handle?
- 5 Dedicated Long Island Medical Malpractice Lawyer
- 6 How We Succeed Together
- 7 Frequently asked questions
- 7.0.1 How do I start a medical malpractice lawsuit?
- 7.0.2 How do I claim a settlement from a medical malpractice lawsuit?
- 7.0.3 Is pain and suffering part of a medical malpractice claim?
- 7.0.4 Can you request a different judge for a medical malpractice lawsuit?
- 7.0.5 Can you sue a doctor for being given the wrong medication?
- 8 New York Medical Malpractice Laws
- 9 What are Five Typical Cases Handled by a Malpractice Law Firm?
New York Medical Malpractice Lawyers
Duffy & Duffy’s seasoned trial partners have years of experience in handling complex New York medical malpractice cases. The firm has experts in almost any medical field, including brain damage, cardiovascular disease, cancer, orthopedics, strokes and a variety of other illnesses. We also represent those in medical malpractice cases suffering life-long illnesses due to complications at birth, as well as other victims unnecessarily harmed in New York by medical malpractice.
Our Nassau County and Suffolk County medical malpractice lawyers stand ready to help you. No matter where you are injured in New York, medical malpractice attorneys at Duffy & Duffy are here to help you with the medical negligence you have experienced.
What is Medical Malpractice?
Medical malpractice is negligence committed by a doctor or hospital. If you are a victim of medical malpractice, schedule a consultation with Duffy & Duffy today!
Call 516-394-4200 For a Free Consultation
Let our skilled injury lawyers help.
What Cases Does a New York Malpractice Attorney Handle?
The Long Island medical malpractice attorneys at Duffy & Duffy handle a wide range of cases including:
- Birth Injuries
- Cerebral Palsy
- Surgical Errors
- Erbs Palsy
- ER and Hospital Negligence
- Nursing Home Negligence
- Prescription Errors
- Pulmonary Embolism
- Medical Professional Negligence
- Heart Attacks
- Anesthesia Mistakes
- Gastric Bypass Injury
- Negligent Medical Care
- Traumatic Brain Injuries
Helping Victims of Medical Malpractice in Long Island, New York
In addition to our legal expertise in medical malpractice, our on-staff nurses process and review medical records in literally hundreds of cases each year. We have relationships with medical experts in every area of medicine and an understanding of complex medical issues that allows us to communicate with these experts at a level no other firm can match.
We have assembled information on the most common types of medical malpractice. If you have questions on a type of malpractice not listed here, please contact us to discuss your case. Our Long Island medical malpractice lawyers are ready to help!
Dedicated Long Island Medical Malpractice Lawyer
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.
Filing a Medical Malpractice Lawsuit in New York
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.
How We Succeed Together
What is needed to file a malpractice lawsuit?
If you have been injured due to physician’s negligence and want to sue your doctor for medical malpractice, there is certain information will need to collect and review in order to file a medical malpractice case on your behalf:
- All Pertinent Medical Records
If your injuries were sustained because a physician or a member of the hospital staff made a mistake in treating you, the first thing to collect would be your medical and/or hospital records. Keep in mind that if you plan to sue the hospital for medical malpractice or bring an action against a private physician your prior medical history may come into play, since the defendant will want to claim that your injuries are pre-existing or your illness is due to another cause. Defendants’ attorneys will do everything in their power to shift the blame to another source, and use of your medical history is often how they win cases. Our attorneys spend hours going over voluminous medical records to make sure they have a solid argument as to why the injuries caused by doctor’s negligence are not pre-existing or minor.
- Be Honest and Forthcoming with us about Your Medical History
We at Duffy & Duffy pride ourselves on our attorney/client relationship and the level of respect and trust that goes into it. Information shared within that relationship is legally protected as “attorney client privileged.” It is vital, as we prepare to file your medical malpractice case, that there’d be no surprises that may defeat the case later on. Unfortunately, it is not always possible to get all of the client’s pertinent prior medical records prior to starting suit. Time is off the essence and oftentimes physicians and their offices do not timely reply to request for records, or the doctor has moved to another state, or records cannot be found. However, if you had a history of lymphoma and the case involves failure to diagnose cancer, or if you had a prior heart attack and the case deals with failure to diagnose a heart condition, knowing all the facts will help our attorneys better prepare for the challenges facing them in court.
- Keep Accurate Records
It is a well-known fact that a medical malpractice case can take several years to come to trial. Time moves on and people often forget important details concerning their treatment, such as names of doctors, dates of service, diagnoses given, etc. Making notes of dates, names, bill amounts and things of that nature will help you prepare better for your examination under oath.Defense counsel may spend several hours deposing you about the details of your treatment which caused you to sue your doctor for medical malpractice. Our attorney will work with you to get you thoroughly ready to testify, and having a good record or diary will assist him in delineating the sequence of events leading to the lawsuit and what happened since.
- Letters from Employers
If you have been unable to work following your injury, our lawyer will need to obtain a copy of your employment/attendance records to argue that you have been disabled due to the medical malpractice and unable to work. Record of time out of work, as well as your prior 1099s or w 2 forms will assist the economist working with our firm to calculate your lost wages, both past and future. We will then be able to claim these monetary damages in your medical malpractice claim or medical malpractice lawsuit.
- Witness Information
Finally, having a witness to medical malpractice committed by the doctor or hospital is very important when starting a lawsuit. A witness could be the nurse who was present when the doctor treated you, a relative who was with you in the room when the physician made a mistake or a surgeon’s assistant who was present during faulty operation. Some of these witnesses will have to be subpoenaed to testify but our lawyers are well trained in taking strong effective depositions to help establish fault on the part of the defendant.
Call our firm today to speak with a New York medical malpractice attorney at (516) 394-4200 to meet with one of our highly qualified attorneys to find out if we can file a medical malpractice lawsuit on your behalf.
Frequently asked questions
How do I start a medical malpractice lawsuit?
How do I claim a settlement from a medical malpractice lawsuit?
Is pain and suffering part of a medical malpractice claim?
Can you request a different judge for a medical malpractice lawsuit?
Can you sue a doctor for being given the wrong medication?
New York Medical Malpractice Laws
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 claims.
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 New York medical malpractice 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.
What Constitutes Medical Malpractice?
Medical malpractice is a growing concern today among both physicians and patients. The standard definition of the phrase is the failure of a health provider (such as a doctor), to treat a patient in line with the customary standard of care within the medical industry. This failure results in the injury or death of the patient. There are many versions of medical malpractice but the term generally includes failure to treat accurately, misdiagnosis, errors in prescription of medication, failure to recommend or perform follow up treatment, negligence, and delays in treating issues.
An important part of the medical malpractice definition is the concept of customary standard of care. If you believe yourself to be a victim of this negligence, this means that the doctor or care provider departed from the level of skill, care, and application normally given by an average provider in the same situation. If the average doctor would have reacted differently given the same scenario, you may be a victim of medical malpractice. If your medical provider failed to treat you properly and this resulted in injury, new health issues, or death, you should consider the possibility of investigating a medical malpractice suit. Experienced New York medical malpractice lawyers can help analyze your case and determine if you have a claim.
The Distinction Between Medical Malpractice and Treatments with a Poor Outcome
There is an important distinction to make regarding treatments and medical malpractice. If your doctor has told you that a particular treatment or course of action would produce a particular result or improvement in your state, this does not necessarily “bind” the doctor for ensuring you achieve that result or improvement. A bad result does not necessarily equal malpractice if the treatment and decisions made by that provider mirror what an average doctor or provider would do in that same situation.
Are You A Victim of Medical Malpractice in New York?
There are several important rules that apply when you believe you have been the victim of medical malpractice. For example, you must bring the suit forward in a reasonable amount of time after the injury. Each state has their own guidelines, and in New York, the suit generally be brought in 2 1/2 years or less after the alleged injury. It’s important to check these guidelines because if the case fails to fall within them, the suit will be dismissed immediately. Some states require certain procedures in the process of filing a malpractice suit; some require that the patient submits claims to a review panel.
This sort of “preliminary hearing” will involve expert testimony and evidence review and provides one additional step prior to filing the suit in court. Even though it’s a stepping stone, if this review panel fails to find evidence of malpractice, the court is likely to use that information to dismiss cases at the next level. Certain states may also require the filing of particular forms or require that the doctor(s) involved receive notice of the claim filing.
If you believe you have been the victim of negligence on the part of a medical professional, consider whether your situation meets the definition of medical malpractice. Organize your information, prepare your medical records, and have your case evaluated by Duffy & Duffy’s medical malpractice law firm.
Top Rated New York Malpractice lawyers: What do they do and how can they help you?
Malpractice law firms handle a myriad of cases involving mistakes made by professionals in treating or representing their clients, and injury resulting to the client from said mistake.
Listed below are several instances in which a person might want to consult with a malpractice lawyer:
- The attorney representing a client in a personal injury matter fails to start the lawsuit within the time frame allowed
In this instance we are dealing with legal malpractice matters, where the attorney’s omission forever bars the client from proceeding with his personal injury case and obtaining a settlement from the responsible party. In New York, as long as the wrong arises out of the professional relationship between the client and the attorney, the injured party will have three years to start legal malpractice proceedings against the attorney who made the mistake. Keep in mind that the time begins to run from the date the malpractice occurred, not from the date it was discovered. It’s vital to get frequent updates from your attorney on your personal injury case.
- The doctor delivering a baby fails to notice fetal distress and perform emergency c-section, causing the infant to suffer lack of oxygen, resulting in severe brain damage
Injury to the baby during labor and delivery caused by mistake of the doctor or other medical professionals may result in a medical malpractice claim against the health care provider(s). It is important to remember that while the infant’s claim may be tolled or extended until after he or she reaches the age of majority (18 in most state); the claim of the infant’s parent is limited to the statute of limitations for medical malpractice case the parent’s state of residence. Duffy & Duffy is comprised of fully experienced malpractice lawyers, who are thoroughly familiar with all applicable time limits for starting an action.
- During your routine dental appointment you become injured as the result of wrongfully administered anesthesia
Here the action against the dentist or his assistant will be for dental malpractice, which differs from medical malpractice cases in the time from starting an action. Typically under CPLR 214(6) all non-medical malpractice actions are subject to a three year statute of limitations and dental malpractice falls in this category, together with podiatric malpractice, accountant’s malpractice and many other professional practices.
- Professional conceals from the client that a mistake was made and assured him that the case is proceeding smoothly
In some circumstances where the party who made the mistake conceals his or her negligence or omission from the customer, the statute of limitations in New York will be extended to 6 years from discovery of the fraud. Malpractice lawyers are trained to carefully review all the evidence to advise you what type of malpractice case you may have and your time frame for starting the lawsuit against the offending party.
Call Duffy & Duffy today at (516) 394-4200 to make sure your rights are fully protected. Discuss your medical malpractice claim with one of our New York attorneys. If you were hurt during a medical procedure by healthcare providers due to a medical mistake contact Duffy & Duffy, experienced medical malpractice lawyers in New York.
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What are Five Typical Cases Handled by a Malpractice Law Firm?
Malpractice attorneys at Duffy & Duffy represent victims of medical negligence in the lawsuits against doctors, surgeons, nurses, and other members of the medical staff. Our experienced team of lawyers has helped clients recover damages to compensate them for their injuries. Here are five cases our law firm routinely handles:
- Cerebral Palsy
The obstetrician is charged with closely monitoring the baby before and during the delivery process, to make sure that he or she is not experiencing fetal distress. Increased heart rate or prolonged delivery are signs that the physician needs to keep vigilant and take preventive measures, such as emergency c-section, if necessary. Cerebral palsy occurs when there is not enough oxygen going to the baby’s brain or physical trauma, which can affect the neurological system. For example, the incorrect use of forceps to get the baby out can damage the nerves that control the muscles of the body, leading to Cerebral Palsy, for which there is no cure. The victims of medical malpractice resulting in Cerebral Palsy suffer for the period of their lifetime with mobility in their arms and legs, manipulating different sized objects and being unable to speak. New York malpractice attorneys at Duffy & Duffy assigned to review possible Cerebral Palsy case will conduct a thorough interview of the parents to ascertain what took place in the delivery room which could have caused the injury to their baby.
- Hospital mistake
Hospital staff does make medical errors, especially while the patient is in the cramped emergency room, waiting for treatment he so desperately needs. Hectic atmosphere and overworked and tired staff lead to cases of wrong blood transfusions, misdiagnosis of patient’s condition and issuance of medication the patient may be allergic to. Our malpractice attorneys work closely with emergency room experts, who thoroughly review the patient’s hospital records and can find errors caused by its negligence.
- Surgical Errors
Some of the most severe injuries result from highly trained surgeons making avoidable mistakes during the operation. Examples include operating on the wrong side of the body, severing a vessel or nerve, failing to recover a clamp from the patient’s body before suturing him, and many others. At Duffy & Duffy we have been successful in medical malpractice litigation with cases of operations gone wrong and will be happy to discuss your matter with you.
- Failure to diagnose a condition
These include failure to diagnose breast cancer or a heart attack leading to life altering injuries. Especially in cases of breast cancer, where early detection and treatment are critical to a successful outcome. The doctor’s failure to advise the patient to do a follow up sonogram or detect unusual changes on the mammogram and thus failing to notice a tumor can be fatal.
- Wrong Medication
Drugs come with side effects and based on the dosage the effect can be minor or severe. For someone taking medication to control blood pressure, receiving incorrect dosage or altogether different drug, while being deprived of the medication needed, can lead to serious injuries. New York attorneys at Duffy & Duffy can bring malpractice cases against doctors, pharmacists and even optometrists for writing a wrong prescription.
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 a New York medical malpractice attorney today. We proudly serve the surrounding communities including Brooklyn, Bronx, Manhattan, Long Island and surrounding communities