Medical Malpractice Lawyer in Queens
Residents of Queens and greater New York City who need medical care have a right to expect treatment that meets the standard of care established by the medical community. When a medical procedure results in serious injury to the patient, it is appropriate to determine whether substandard medical care caused the harm the patient has suffered.
Medical malpractice occurs when a hospital, doctor, or other healthcare professional causes an injury to a patient through a negligent act or failure to act. Whether an act or omission arises to the level of malpractice is typically based on what another medical professional would have done in a similar situation. Negligence in a medical malpractice case might consist of one or more errors or omissions in diagnosis, treatment, aftercare, or health management.
Legal claims of medical malpractice are complex and time-consuming. New York has tight deadlines for filing medical malpractice lawsuits. If you have any questions about an injurious outcome from medical care in Queens, NY, you should contact a medical malpractice lawyer at The Tadchiev Law Firm, P.C., as soon as possible.
We help people seek compensation after tragic and avoidable injuries that were someone else’s fault. Our medical malpractice attorneys understand the challenges you are facing. Let us handle your claim as you focus on putting your life back together. Our mission is to recover the maximum compensation available to you for the harm you have suffered.
Contact us now to schedule a free case review. You pay no fees unless we recover money for you.
Common Types of Medical Malpractice Cases
Not every negative outcome from a medical procedure constitutes medical malpractice. It is appropriate to ask questions about any unexpected injury or death that is potentially related to problems with substandard medical care that you or a loved one received.
We pursue medical malpractice claims when we believe we can demonstrate medical negligence led to:
- Wrongful death
- Permanent disability or disfigurement
- Chronic pain or undue suffering
- Surgery that was unnecessary
- An error that required corrective surgery such as surgical tools mistakenly left in a patient’s body after surgery.
Common grounds for medical malpractice claims include:
- Misdiagnosis, including failure to diagnose, or late diagnosis of cancer that allowed the disease to spread and become unmanageable
- Childbirth injuries to mother or child during the birth process, such as brain injuries due to oxygen deprivation, fractured bones, or failure to diagnose mother’s preeclampsia, or ectopic pregnancy
- Medication errors, including wrong medications, improper dosages, pharmacy errors, or failure to identify drug interactions
- Anesthesia errors, due to failure to obtain the patient’s medical history, improper dosages or administration, intubation errors, or failure to monitor vital signs
- Surgical errors, including wrong-site surgery, performing the wrong procedure, and leaving foreign objects left in the body
Process for Filing a Medical Malpractice Claim in NY
New York has specific rules and timelines for pursuing medical malpractice claims, including the need to obtain a certificate of merit before filing most medical malpractice lawsuits.
To prepare a claim, we would speak with you about what happened to you and what you are experiencing today. We could then investigate by:
- Obtaining your medical records with your consent.
- Having a qualified medical professional review your medical records and provide an opinion as to whether a doctor, hospital, or other provider failed to follow the appropriate standard of care when treating you.
- Calculating your costs and losses to determine the amount of compensation that should be sought. In cases of disability, we work with life care planners to project the cost of anticipated needs over the course of your projected lifespan. We also project future income losses if you are unable to return to working for a living.
Once we determine your case is viable, we can move forward with the preparation of a medical malpractice lawsuit. In New York, a medical malpractice lawsuit must be accompanied by a written certificate of merit, which requires the attorney filing the suit to state that he or she has reviewed the facts of the case and has consulted with at least one licensed physician, and that the attorney has concluded on the basis of the consultation that there is a reasonable basis for filing a medical malpractice lawsuit.
Proving Medical Malpractice
A medical malpractice lawsuit would state the injuries you or your loved one suffered as a result of the defendant’s negligence and outline the evidence to support your claim. It would ask the court to hold the negligent doctor or health care provider responsible for your injuries and order them to compensate you in the amount demanded by the lawsuit.
The facts of a medical malpractice claim must demonstrate that:
- The medical provider owed a duty of care to the patient, which is inherent in the doctor-patient relationship.
- The medical provider breached that duty of care by failing to follow the standard of care that any reasonably prudent healthcare professional or institution under like or similar circumstances would be expected to provide their patients.
- The breach of that duty was the cause of the patient’s injuries and except for the breach of duty, the patient’s injuries would not have occurred.
Compensation in a Medical Malpractice Case
New York recognizes three types of compensation that may be sought in medical malpractice cases. Your lawsuit may demand:
- Compensatory damages for quantifiable losses, such as current and projected medical costs, lost wages, and lost earning capacity if your injuries leave you unable to work or to earn the same amount of income as before the injury.
- Non-economic damages for pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium.
- Punitive damages that may be awarded in special cases if a jury agrees that a healthcare provider acted recklessly. This extra payment is meant to punish the defendant and serve as notice to others that similar acts are not acceptable.
New York State does not place a cap on the amount a plaintiff may be awarded as compensation in a medical malpractice case. In addition to actual costs and losses, damages in a medical malpractice case may be based on the severity of the plaintiff’s injury and how it has affected their life, including their ability to work for a living and perform other daily tasks of living.
Statute of Limitations in a Medical Malpractice Case
The general statute of limitations for filing a medical malpractice lawsuit in New York is 30 months (2½ years) from the date of the negligent act or omission that allegedly caused the patient’s injury.
For claims alleging a failure to diagnose cancer, the 30-month deadline begins at the conclusion of ongoing treatment or when the patient knew or should have known that the diagnostic error happened and caused their injuries (unnecessary advancement of cancer), whichever is later – but the claim must be filed no later than 7 years after the alleged negligence.
In claims alleging that the patient was injured by a foreign object left inside the body during surgery, you have one year from the date the object was discovered or should have been discovered to file a medical malpractice claim in New York.
If a minor has been injured due to medical malpractice in New York, they have three years from their 18th birthday to file a medical malpractice claim. However, the allegedly negligent act or omission must have occurred within 10 years of the date the lawsuit is filed.
There are many steps to take to develop a solid medical malpractice claim. It is best to speak with a knowledgeable personal injury attorney as soon as possible if you believe the negative outcome of the medical care you or a loved one received was due to negligence or substandard medical care.
Contact Our Queens Medical Malpractice Attorneys
If you have questions about whether you or your loved one was harmed by substandard medical care in Queens, schedule a free consultation with The Tadchiev Law Firm, P.C., today. Our Queens medical malpractice lawyers can review your situation and discuss your legal options during a free consultation.
To learn more about how we can help, call The Tadchiev Law Firm, P.C., in Queens now.