Long Island Medical Malpractice FAQs

Medical malpractice is more than a doctor or hospital making a mistake. The law does not require healthcare practitioners to be perfect, so an error in and of itself is not necessarily malpractice. The error must be unreasonable and amount to medical negligence.

More specifically, the mistake must depart from the accepted standards of care that are required of healthcare professionals. The victim should be prepared to show that another reasonably competent healthcare provider would have acted differently and that the mistake caused injury.

Some of the most common examples of malpractice include missed or delayed diagnoses, surgical errors, anesthesia mistakes, birth injuries, failure to monitor a patient, emergency room mistakes, and failure to follow up with the patient.

If you have experienced some sort of mistake at the hands of a healthcare provider or facility, it may qualify as malpractice. Each case must be considered on its own individual merits in light of the accepted standards of care.

Liability can extend to numerous healthcare professionals, including doctors, nurses, surgeons, anesthesiologists, physical therapists, pharmacists, technicians, medical staff, and others. It can also include facilities like hospitals, clinics, pharmacists, and laboratories.

Sometimes numerous parties may be liable, and they are not necessarily limited to the parties that delivered the erroneous care. For example, you may be injured at a Long Island medical clinic but another entity that owns the clinic could potentially share liability.

Depending on the nature of your injury, you could be eligible to claim compensatory damages. These are broken down further into economic and non-economic damages.

Economic damages

This category covers monetary losses stemming from malpractice, such as medical bills, future medical bills, lost income, reduced earning capacity, and necessary out-of-pocket expenses.

Non-economic damages

Non-economic damages are more subjective and intangible, and include losses that are personal to the victim. Common examples are pain and suffering, emotional distress, and reduced quality of life.

In rare cases of willful or intentional misconduct, gross negligence, or disregard for the safety or rights of patients, punitive damages may be available. These are intended to punish the wrongful conduct, so ask an attorney if your case qualifies for them.

Most victims have two-and-a-half years (2 years and 6 months) from the date of malpractice, or from the date that a continuous course of treatment for the same condition ended, to file a lawsuit. This deadline is known as the statute of limitations.

There are limited situations in which the deadline can be delayed, for instance if a foreign object was left in the patient or the patient didn’t discover the mistake right away. But if you miss the applicable deadline the court will dismiss your lawsuit. Speak to an attorney soon to preserve your rights.

Medical records are usually the cornerstone of a good Long Island medical malpractice case, and can include medical charts, doctors’ notes, lab results, diagnostic imaging, prescription records, and expert witness statements. Internal documents like hospital policies may also help.

Other useful forms of evidence are photographs, videos, non-medical witness statements, employment income records that document missed time from work, and the patient’s own personal notes. If you think the evidence you have is relevant, give it to your attorney.

Although these forms generally acknowledge known risks to different procedures, they don’t excuse negligence. In other words, signing a consent form doesn’t automatically invalidate your case. You may still have a claim if the doctor’s actions didn’t meet the standard of care.

Even if you have signed something, you still need to speak with an attorney. Your healthcare provider may not have obtained informed consent and your lawyer needs to carefully review the unique circumstances of your case.

The value of your case will depend on how serious the medical negligence was, the medical treatments you need now and will need later to try to correct the mistake, your ability to work in light of your injuries, and other economic factors.

Medical malpractice often causes great distress and anxiety for injured patients, so their non-economic damages could be significant. It’s important that you discuss all of your losses and medical complications with your lawyer so you can claim the compensation you deserve.

Yes, if medical negligence caused someone’s death, the decedent’s personal representative (often a family member) may be able to file a wrongful death lawsuit and survival action. These are similar claims but with some differences, so talk to a Long Island wrongful death lawyer.

No, you should not talk to any insurance companies without first speaking with a lawyer. You should definitely not sign anything that any insurance companies send you. Insurance companies may seem sympathetic to your injuries, but they are looking out for their interests.

If you agree to a settlement and your injuries turn out to be worse, you can’t ask for more compensation. Insurers usually require victims to sign waivers in exchange for settlement. So be sure you talk to an attorney before you talk with the insurance companies.

Malpractice cases are often settled without the need for a trial. Whether yours will settle depends on factors like the severity of your injuries, your financial losses, and your ability to work. An attorney should be prepared for trial but also work to fairly settle your case.

Long Island medical malpractice cases are more complicated than other personal injury lawsuits because they require expert medical review and analysis and a thorough investigation. It’s not unusual for cases to take up to a year or even longer to be resolved.

As with the question of whether your case will go to trial, the duration of your claim will depend on numerous factors. A fully litigated case can include extensive discovery, multiple court hearings, and several mediation conferences. Ask an attorney for a more detailed timeline.

Expert witnesses are nearly always required because they explain complex subjects like the applicable standard of care, how the negligent provider deviated from that standard, and how the negligence caused the patient’s injuries.

Experts can also testify about an injured patient’s future damages. For instance, the expert can discuss the ability of the patient to work in light of their injuries and how much money a victim’s decreased earning capacity may cost them in the future.

A skilled Long Island medical malpractice attorney will understand the elements of a malpractice claim, relevant statutes and court opinions, and various rules like those pertaining to civil procedure, discovery, and evidence. This knowledge is foundational to any good case.

But the right lawyer will also have access to a network of expert witnesses and know how to use expert witness testimony. Plus, your attorney should be able to quantify all of your damages. Finally, an attorney can negotiate effectively for you in mediation or go to trial if needed.