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(516) 394-4200
A stroke needs immediate medical attention as it can often be fatal if not identified and treated quickly. When it is not fatal, strokes often cause permanent damage that affects mobility, memory, and daily functioning. If you or a loved one suffered a stroke and were not given prompt and appropriate medical care, you may have a medical malpractice case.
Receiving compensation holds the healthcare provider accountable for their actions and helps cover your medical bills and other expenses. A Nassau County stroke medical malpractice lawyer will assess your situation and determine whether you have a strong case. If you do, your medical malpractice attorney will guide you through the process to help you get the best possible outcome and the justice you deserve.
Patients need to file their medical malpractice cases within the statute of limitations. Under New York Civil Practice Law & Rules § 214-A patients have two years and six months, or 30 months, to file a malpractice lawsuit. This timeframe usually begins on the date when the medical negligence occurred. In stroke cases, this typically means the day the person had the stroke and sought emergency medical care.
If the medical negligence happened in the course of ongoing treatment, the 30 months begins when that course of treatment ends. This rule could apply if a patient was receiving treatment for some another other condition that increased the risk of stroke and the doctor did not monitor or warn the patient properly. There are some exceptions to the statute of limitations, but they do not usually apply to stroke cases.
An attorney in Nassau County could determine if an exception applies to a specific stroke medical malpractice claim.
Unlike many states, New York does not set a limit on the compensation a patient can receive in a medical malpractice case. Generally, damages cover both financial losses and the general suffering the person experiences because of the malpractice:
Economic damages are based on both immediate and ongoing costs. These include medical bills, ongoing treatment costs, lost wages, and lost ability to work in the future. Non-economic damages include compensation for physical pain, mental distress, loss of the ability to engage in hobbies and other activities, and loss of enjoyment of one’s life.
While economic damages are relatively straightforward, non-economic damages are difficult to calculate. In some cases, insurance companies often use a multiplier, which is a set number multiplied by the total amount of economic damages. A Nassau County lawyer could ensure all damages are accounted for in a claim for stroke medical malpractice
Punitive damages, which are designed to punish the offender instead of compensate the injured person, are awarded very rarely, especially in medical malpractice cases. These damages are typically awarded only if the healthcare provider was especially reckless or careless with patient safety.
If you or a loved one suffered a stroke and had a worse outcome than necessary because of medical negligence, you may have a legal case. A Nassau County stroke medical malpractice lawyer could help you determine the best way to move forward. Duffy & Duffy has the experience and expertise to help you get the compensation you deserve. Contact us to schedule your free consultation today.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
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Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
