Doctors, surgeons, nurses, and other healthcare professionals have a duty to provide a standard level of care. When they don’t, patients can be seriously injured or may even lose their lives. At the Law Office of David A. Kates, we believe in fighting for injured patients and their families, righting the wrongs caused by medical malpractice. We believe patients should be treated, not processed, focusing on giving the personal attention you need.
If you were harmed because a doctor or other medical professional did not provide standard treatment or care, you may have grounds for a medical malpractice case. This can open the door to a financial recovery that would provide for medical care, ongoing treatment and physical therapy, lost earnings, and emotional trauma. It could give you the means to build a more stable future for yourself and your family.
To learn more about medical malpractice cases in Queens and your rights as an injured patient, call (718) 866-3664.
Many victims of medical malpractice may be unaware that their experience may be a case of medical malpractice. There are three main signs that you might have a medical malpractice claim including lack of informed consent, extraordinary consequences, or a healthcare provider informs you of the mistake. If a procedure was performed without your express consent, you may have a medical malpractice case. Similarly, if there were errors in the operating room such as medical equipment that was unaccounted for and later found in the patient, you may want to discuss your case with a medical malpractice attorney.
Medical malpractice may be defined as a failure to provide a standard level of care to a patient. To go into further detail, it may include an act or failure to act that constitutes a deviation from acceptable care that a reasonable medical professional would have provided in the same or similar circumstances.
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 in your best interest to contact an attorney to discuss your experiences and to understand your opportunities for financial recovery. In many cases, victims of medical malpractice may be unaware that their experiences are a result of the negligence of a medical professional. 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:
- Surgical errors
- Emergency room malpractice
- Preventable birth injuries
- Anesthesia errors
- Medication errors
- Diagnostic mistakes
- Hospital infections
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.
Contact the Law Office of David A. Kates
If you believe you may have a medical malpractice case, 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. 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.
- $11,000,000 Settlement
- $8 Million Settlement
- $5 Million Jury Vedict
- $5 Million Jury Verdict
- $4.8 Million Settlement