What Does a Successful Case Look Like?

A successful medical malpractice case must include proof of the following elements:

• The defendant (medical professional) failed to provide an acceptable level of care based on current medical standards.
• The patient suffered actual harm.
• The patient’s injuries were the proximate result of the medical professional’s failure to provide proper care.

Types of Medical Malpractice

If you have experienced the consequences of negligence by a medical professional, it may be in your best interest to contact an attorney to discuss your experiences and to understand your opportunities for financial recovery. Medical malpractice can be a distressing experience, not just due to the physical harm endured but also because victims often struggle to navigate the complex legal landscape alone. An attorney well-versed in this area can provide the necessary support to ascertain if an incident truly stems from malpractice or if it was an unavoidable medical outcome.

In many cases, victims of medical malpractice may be unaware that their experiences are a result of the negligence of a medical professional. It’s important to recognize signs of malpractice, which can vary widely across different cases. Such instances can include unexpected complications after routine procedures, deteriorating health following a misdiagnosis, or receiving incorrect prescriptions. Being informed can influence how you approach medical treatment and legal recourse, ensuring you have the evidence needed to substantiate a potential claim.

Many victims believe that errors are likely to happen in a hospital and that no one is responsible. Medical malpractice can take on many forms and may occur in virtually any aspect of the diagnosis or treatment of a patient. Examples include:

Frequently Asked Questions

What Should I Do If I Suspect Medical Malpractice?

If you suspect you are a victim of medical malpractice, it is crucial to act swiftly yet thoughtfully. First, ensure your immediate medical needs are addressed by seeking appropriate medical care from a different healthcare provider. Retain all medical records and document as much information as possible about your initial treatment and subsequent issues. It is equally important to consult with a qualified medical malpractice attorney promptly. They can help evaluate the details of your case and advise on the best course of action. In Queens, connecting with an attorney who has a track record in handling local malpractice cases can vastly improve your understanding of the nuanced legal environment and the actions necessary to protect your rights.

How Are Medical Malpractice Damages Calculated?

Damages in medical malpractice cases are calculated based on several factors, including economic and non-economic losses. Economic damages can include past and future medical expenses, lost income, and costs related to ongoing care. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In New York, there are no caps on these damages, unlike some other states. This means full compensation can be pursued, reflecting the entire scope of harm caused. It's essential to work with legal representatives who can accurately calculate these damages based on documented evidence and expert testimony.

Can I Sue On Behalf of a Child Who Suffered Medical Malpractice?

Yes, parents or legal guardians can initiate a medical malpractice lawsuit on behalf of a minor child. In New York, special considerations are given to cases involving children. The statute of limitations does not typically start until the child turns 18, providing ample time to pursue legal action. However, it is advisable to start the process sooner rather than later to gather timely evidence and testimonials. Consulting with a qualified attorney familiar with pediatric malpractice cases can ensure all aspects of the child's claim are thoroughly addressed, aiming for a resolution that supports their long-term health and well-being.

NY Medical Malpractice Statute of Limitations

In New York, injured patients have two-and-a-half years from the date of injury – or from the date that they discovered their injury was the result of malpractice – to file a medical malpractice case. If the victim was a child, however, this statute of limitations does not start to run until the child’s 18th birthday. Understanding how these timelines apply to specific circumstances is crucial. For instance, if a malpractice incident occurred in a Queens hospital, the statute of limitations would typically begin at the time of the incident unless the harm was discovered later. This exception is vital in cases where due diligence reveals malpractice well after medical services were completed.

Who Can Be Held Responsible in a Queens Medical Malpractice Case?

When bringing a lawsuit forward in New York, you may be wondering who can be held responsible. Simply put, if a licensed healthcare provider based upon their negligence, misconduct, errors or omissions, or breach of contract in the rendering of healthcare, medical services, nursing services, or other health-related services - they can be held responsible. Identifying eligible defendants requires thorough investigation often involving detailed examination of medical records and consultations with medical experts to confirm negligence.

More specifically, a "healthcare provider" can include a variety of individuals such as doctors, specialists, nurses, surgeons, assisted living care professionals, hospice care centers, free clinic caregivers, physical therapists, and the list goes on. Our experienced Queens medical malpractice law firm can answer any questions you have regarding the specifics of your case. Knowing the wide range of potential medical practitioners who might contribute to malpractice ensures all responsible parties are comprehensively addressed in any legal action taken, which can be crucial in achieving a just outcome.

Contact the Law Office of David A. Kates

If you believe you may have a case in the Queens area, the Law Office of David A. Kates may be able to assist you. We take on medical malpractice matters in Queens and the surrounding areas, and our founding attorney, David Kates, has over 20 years of legal experience to your case. During an initial free consultation, we will discuss your situation and outline possible legal avenues, ensuring you have a clear understanding of what to expect from the process ahead. This meeting can be a pivotal step in deciding how best to proceed, given the complex nature of malpractice claims.

When you work with our firm, you will work directly with David and will benefit from his extensive knowledge and commitment to seeing justice served on your behalf. Our legal team is known for providing comprehensive support that extends beyond traditional legal counsel; we're here to bolster your case with strategic insights and vigorous representation, always concentrating on achieving the best possible outcomes for our clients.

Call (718) 866-3664 or fill out our online contact form to discuss your case with our Queens medical malpractice law firm.