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. Our Queens medical malpractice attorneys 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. Our Queens medical malpractice lawyers are available, so schedule your consultation today.
Legal Consequences of Medical Malpractice in New York
The term medical malpractice refers to the negligence or professional misconduct of healthcare professionals or facilities that result in harm or injury to patients. The legal consequences of medical malpractice in New York can vary depending on the specific circumstances and extent of the harm. Here are a few things to keep in mind:
Statute of Limitations: In New York, there is a statute of limitations that sets a time limit for filing a medical malpractice lawsuit. It is generally necessary to file the lawsuit within two and a half years from the date of the alleged malpractice or from the end of the healthcare professional's continuous treatment, whichever is earlier. There are, however, exceptions to this rule, such as cases involving foreign objects left inside a patient's body.
Expert Opinion Requirement: Before filing a medical malpractice lawsuit in New York, the plaintiff must obtain a sworn statement from a qualified medical expert, confirming that there is a valid basis for the claim. Experts must have the same specialization as the healthcare professional being sued.
Damages: If a medical malpractice claim is successful, the injured party may be entitled to various types of damages, including economic damages (such as medical expenses, lost wages, and future medical costs) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life).
Joint and Several Liability: Under New York law, if multiple healthcare professionals or entities are found liable for medical malpractice, they can be held individually or jointly responsible for the full amount of damages awarded to the plaintiff.
Comparative Negligence: New York also applies the rule of comparative negligence in medical malpractice cases. This means that if the plaintiff is found partially responsible for their injuries, the damages awarded may be reduced by the percentage of fault attributed to them.
Disciplinary Action: In addition to the civil legal consequences, healthcare professionals found guilty of medical malpractice in New York may also face disciplinary action by the relevant licensing board or professional organization. This can include sanctions, fines, license suspension, or revocation.
It's critical to consult with a qualified Queens medical malpractice attorney who specializes in medical malpractice cases in New York to understand the specific legal consequences based on your situation. They can provide tailored advice and guide you through the legal process.
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.
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.
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 lawyers can answer any questions you have regarding the specifics of your case.
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.
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