STEP 1
Compensation for Medical Malpractice Injuries in Queens NY
Every healthcare provider is required by law to provide a reasonable duty of care. We expect this of our doctors, nurses, and other providers as a standard when we become their patients as their legal and ethical duty. Medical malpractice occurs when a healthcare provider acts outside of this duty, leading to death or injury of a patient in their care. Negligence on the part of medical professionals is a serious breach of the trust granted to them, and can have devastating consequences.
The Injury Group is here to help and fight on your behalf. If you or a loved one has sustained an injury at the hands of a medical professional, we can help you better understand your rights. Contact us today to find out how much your child’s case is worth.
Types of Examples of Medical Malpractice Accident Injuries in NY
Medical malpractice can take many forms and can be caused by a variety of factors, including:
Misdiagnosis: Also known as failure to diagnose, this form of medical malpractice is when a doctor fails to determine the true nature of a medical problem.
Birth injuries: Injuries to a baby during delivery can include brain damage, broken bones, nerve damage, and more.
Medication errors: These types of mistakes can occur from the initial prescription to the administration of the drug. Common errors include mistakes with dosage.
Errors during surgery: Several things can go wrong if the staff conducting the surgery is negligent of their duty of care. Common mistakes include anesthesia errors, leaving instruments or objects inside the patient, operating on the wrong side of the body, and surgical fires.
Delayed medical treatment: Hospitals have a duty to diagnose and treat patients in a timely manner to ensure their conditions do not worsen. Failure to do this can result in prolonged illness, permanent injury, and death.
Hospital negligence: Hospital negligence includes malpractice by doctors, nurses, medical assistants, and technicians who are staff of the hospital. The hospital itself can be to blame for inadequate staffing, unsatisfactory supervision, or the failure to perform or properly interpret diagnostic tests.
Wrongful death: When a patient is under the care of medical professionals, undergoing treatment, and dies unexpectedly or prematurely, questions must be raised about the level of care provided to said patient.
Do I Quality for Compensation For My Medical Malpractice Accident Claim in NY?
To qualify for compensation after a medical malpractice incident, several critical elements must be established:
Doctor-Patient Relationship: Prove that a doctor-patient relationship existed, which establishes the duty of care owed to you by the medical professional.
Negligence: Demonstrate that the healthcare provider was negligent. This involves showing that the provider did not meet the accepted standard of care in the medical community, which could include errors in diagnosis, treatment, aftercare, or health management.
Causation: Establish that the negligence directly caused your injury. It must be shown that the injury would not have occurred if the healthcare provider had adhered to the standard of care.
Damages: Provide evidence of the harm suffered as a result of the negligence. This can include physical pain, mental anguish, additional medical bills, lost wages, and reduced earning capacity.
Expert Testimony: Obtain expert testimony from qualified medical professionals who can attest that the standard of care was breached and that this breach caused the injury.
Timely Filing: File the claim within the statute of limitations for medical malpractice in your state. This time frame varies by state and failing to file within this period can result in losing the right to pursue compensation.
The Injury Group, with its expertise in handling medical malpractice cases in New York, New Jersey, and Long Island, can guide you through these steps. Their experienced attorneys can help gather evidence, secure expert testimonies, and navigate the legal process to ensure you receive the compensation you deserve.
Our Legal Process
The first step in our legal process is to investigate the case and evaluate the potential value of your claim. This may involve obtaining medical records, reviewing your treatment history, and consulting with medical experts to determine whether there was a breach of the standard of care. In medical malpractice cases, we need to prove that:
- They had a doctor/patient relationship with the medical profession
- The standard of care that they received was outside acceptable behavior for a reasonable health care provider given the circumstances
- The breach of duty of care resulted in actual harm
STEP 2
Negotiation and Settlement
Once our team has gathered all of the necessary information, we will begin negotiating with the insurance companies and other parties involved in the medical malpractice case to try to reach a fair settlement. We will present their findings and demand compensation for the patient’s medical expenses, lost wages, pain and suffering, and other damages. If a settlement cannot be reached, we may proceed to the next step.
STEP 3
Litigation and Trial
If the workers’ compensation insurance company denies your claim or offers an insufficient settlement, we will negotiate on your behalf to obtain the compensation you deserve. Your attorney may represent you in mediation or arbitration proceedings, and may also file an appeal if necessary. Throughout this process, we continuously advocate for your rights and ensure you get the justice you deserve.
The Injury Group’s medical malpractice lawyers can answer any questions you may have about your case, as well as inform you how much your case may be worth.
Frequently Asked Questions About Bicycle Accident Injury Cases In New York
When our team estimates your medical malpractice case value, they will take into account factors like the severity of your injury, lost wages or future loss of income, medical expenses, and more. Medical malpractice cases can vary greatly.
Following a bicycle accident, you may be entitled to compensation for damages like medical expenses, lost wages, pain and suffering, property damage, loss of enjoyment of life, and/or punitive damages. An experienced personal injury attorney can evaluate and advise you on your case.
Working with a personal injury attorney after a bicycle accident can be an important step in protecting your legal rights and ensuring you receive the compensation you deserve for your injuries and damages. While you can pursue a personal injury claim on your own, The Injury Group recommends working with an expert.
Bicycle accident claims must be made within 3 years of the incident. Following this time period, you will be unable to seek compensation for your injuries.
All healthcare providers and their employers are required by law to provide a reasonable duty of care. This means that hospitals and nursing homes can face legal claims, as well as doctors, nurses, physical therapists, pharmacists, chiropractors, and more.