Queens Medical Malpractice Attorney

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.