You never thought it would happen to you or a loved one. You trusted your health care provider to make the correct diagnosis, prescribe the right medication, or complete your surgery according to an established standard of care. Then the unimaginable happened, and you or a loved one became a victim of medical malpractice. Where do you go from here for legal advice?
The medical malpractice lawyers Long Island at Jacob Fuchsberg Law Firm have handled medical malpractice lawsuits with empathy and compassion for the past 40 years. We understand that every case is unique and take an individualized approach toward gathering evidence, preparing a personal injury claim, and representing your interests against large medical firms with far greater financial resources than you have.
As experienced Long Island medical malpractice lawyers, we also understand that no health care provider is perfect. However, that does not excuse them of accountability when they fail to meet the accepted standard of care, and you suffer additional injuries or a new health condition altogether as a result.
Whether a surgical error left you with a permanent disability, you suffered the wrongful death of a loved one, or have another type of medical malpractice case; we are prepared to assist you in filing a claim for financial compensation. Please contact the Jacob Fuchsberg Law Firm at 212-869-3500 today to request a free consultation. We look forward to learning more about your medical malpractice case and will answer all questions you have about the personal injury lawsuit process.
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What Is Considered Medical Malpractice In Long Island?
An important thing to understand about medical malpractice law is that simply feeling dissatisfied with the services you received from your medical provider does not meet the criteria needed for medical malpractice cases. Your doctor, pharmacist, surgeon, or other medical professional must have failed to provide a standard of care expected from health care providers with the same level of experience and education. Your illness, injury, or the wrongful death of a family member must have stemmed from the negligence of a medical professional, whether deliberate or not.
How Do I Know If I Have A Medical Malpractice Claim In Long Island?
Medication errors, diagnostic errors, and other types of health care provider mistakes are not as rare as you might think. According to a 2016 Johns Hopkins University study, approximately 250,000 Americans die every year due to medical errors. This makes medical errors the third-leading cause of death in the United States behind heart disease and cancer. The report indicates that the actual number could be much higher due to inconsistencies in how the Centers for Disease Control (CDC) collects data on medical malpractice cases.
Despite the high prevalence of medical errors, determining the appropriate standard of medical care can be challenging. Your medical malpractice attorney in Long Island and the insurance companies and legal counsel for the party you intend to sue look at several factors to determine if legitimate medical malpractice took place. These factors include your age, medical condition, and standard medical procedures used to treat that condition.
The primary duty of your Long Island medical malpractice attorney is to prove that you would not have suffered additional harm if not for the negligent actions of your health care provider. As an injured patient or a family member pursuing a wrongful death case, the burden to prove medical negligence lies with you and your Long Island personal injury attorney. You can depend on your personal injury attorney at Jacob Fuchsberg Law Firm to research your case and arrange testimony from medical experts if necessary. Please don’t hesitate to contact us at 212-869-3500 to schedule your free case evaluation.
Common Medical Malpractice Claims In Long Island
Our Long Island personal injury lawyers have represented clients with a wide range of injuries resulting from medical errors. Below are some of the most common types of medical malpractice cases that we see.
- Surgical errors: This category of medical malpractice covers everything from operating on the wrong body part, leaving a surgical instrument inside a patient’s body, performing the wrong surgery, and several other possibilities. The bottom line is that you or a family member checked into the hospital for surgery to improve your medical condition, and that did not happen due to the negligence of the surgical team.
- Birth injuries: The tragedy of medical errors causing birth injury is that the baby could have developmental delays or permanent disabilities for life. Some examples of negligent actions by health care providers leading to birth injury include failing to provide proper anesthesia to the mother, injuring the baby by unnecessary use of forceps, and allowing prolonged labor with little progress resulting in fetal distress.
- Deficiency of medical products: Sometimes, the fault in medical malpractice cases lies with medical devices’ manufacturer. The recent recall of the vaginal mesh is just one example. Besides determining whether a legitimate medical malpractice case exists, your Long Island personal injury attorney must determine where the fault lies and prepare your case accordingly.
- Failure to provide adequate treatment: When doctors make a diagnosis, they have an obligation to provide follow-up care or refer the patient to another health care provider. This is often a specialist. A medical professional may be liable for negligence if this does not occur.
Long Island Hospital & Nursing Home Negligence
Nursing home negligence or improper medical treatment of an elderly person at a Long Island Hospital also contribute to medical malpractice cases. Since a nursing home acts as both a medical establishment and place of residence, any negligent action by health care providers may meet the legal definition of medical malpractice. Common examples of nursing home negligence include:
- Illegal restraints
- Malnutrition or dehydration of a nursing home resident
- Lack of supervision leading to serious injuries
- Medication error
- Sexual abuse
Failure To Diagnose & Misdiagnosis
You may have a legitimate medical malpractice case if you visited your health care provider with symptoms of a specific condition and received no diagnosis for it. For example, maybe you had pneumonia that later caused permanent lung issues, and your doctor brushed off your symptoms as the common cold.
Misdiagnosis is another common problem in medicine. While it is unrealistic to expect medical professionals to diagnose 100 percent of the time correctly, a misdiagnosis significantly different than your actual health condition can cause long-term complications due to the delay in seeking the proper health care services.
When filing a medical malpractice claim, you need an experienced attorney to make the connection between the failure to diagnose or misdiagnosis and your current health issues abundantly clear. The personal injury attorneys at Jacob Fuchsberg Law Firm listen to their clients, believe them, and will aggressively litigate on their behalf.
Statute Of Limitations On Filing A Medical Malpractice Claim In New York State
Under New York State law Chapter 214-A, injured patients have two and one-half years (30 months) from either the date of the injury caused by a medical professional or the last day of continuous treatment that caused the injury to file a medical malpractice claim. You would not be eligible to file a medical malpractice claim if you initiate it after the statute of limitations expires unless your situation falls under the definition of the discovery rule.
The New York State discovery rule states that the 30-month clock does not start until you discovered or should have reasonably discovered serious injuries due to medical malpractice. A surgeon leaving a medical instrument inside your body is a common example of when the discovery rule would come into play.
How Do I Get Compensation For My Loved One?
The preventable and wrongful death of a family member is one of the most heartbreaking and challenging things a person can experience. It only adds to your pain when you receive medical bills for your loved one, must pay funeral and burial costs, and live without your family member’s financial contributions. People in Suffolk County, Nassau County, and beyond trust the Jacob Fuchsberg Law Firm for our compassionate approach to pursuing justice on behalf of our clients.
The surviving spouse of the wrongful death victim has the first right to initiate a lawsuit. Children and parents come next, followed by several other family member categories. Besides actual financial losses from your wrongful death claim, you may also receive compensation for the loss of companionship, income your loved one provided to the household, and the financial equivalent of your family member’s non-economic contributions such as vehicle maintenance or child care.
Although our NY medical malpractice lawyers understand that money cannot replace your loved one, it is our sincere hope that proceeds from the wrongful death settlement will ease some of the stress in your life.
Begin Your Long Island Medical Malpractice Claim Today – Free Consultation
We invite you to call Jacob Fuchsberg Law Firm today at 212-869-3500 to schedule your free consultation. A medical malpractice attorney from our law office will let you know if your situation meets legal criteria for a medical malpractice case and explain all actions going forward. Being a victim of medical malpractice or experiencing the wrongful death of a loved one is devastating. Please know that we are on your side, and we are here to help.