When a healthcare provider does not render their field’s accepted standard of care, this constitutes negligence. Whether you or a loved one suffered medical malpractice in Huntington, you could file a claim or lawsuit with the help of your lawyer.
The Law Office of Cohen & Jaffe, LLP has over 100 years of combined experience advocating for people in New York. We can determine the error that harmed you, consult with field experts, and calculate your various expenses.
The Statute of Limitations for Medical Malpractice Lawsuits in Huntington
CVP §214-A imposes New York’s medical malpractice statute of limitations. You generally have two years and six months to take legal action. The specific date of when this deadline starts depends on:
- The date when you were hurt
- The date of when you discovered the error
- How old you were when the error happened
Our firm can examine your case’s facts and determine how long you have to take legal action. If you do not file your lawsuit within an appropriate amount of time, you could lose the right to recoup your losses.
We Can Determine the Value of Your Losses
The cost of your damages will depend on a lot of things, namely the severity of your injuries, your necessary medical care, and your quality of life. Some financial losses in your case may include:
- Healthcare expenses
- Lost wages
- Loss of future earning capacity
- Funeral expenses (if applicable)
Your non-financial losses (although they are compensable) include:
- Pain and suffering
- Loss of consortium
- Disfigurement and scarring
- Impaired quality of life
We can use your medical bills and employment records to determine the value of your economic losses. We can use your own testimony, statements from your doctor, and other pieces of information to calculate the cost of your non-economic damages.
We Can Get Started on Your Case at No up-Front Cost to You
Your medical malpractice lawyer in Huntington will start working on your case at no upfront or out-of-pocket cost to you. A portion of your court award or insurance settlement will be put aside as payment for our help.
If we cannot win your case, you do not pay our attorney’s fees. We can discuss our methods of payment at the beginning of your case.
We Can Determine Whether You Have a Viable Claim
Right now, you may be unsure of whether the medical error that harmed you constitutes malpractice. To recover compensation, we will need to demonstrate the following:
- You and the involved healthcare provider had a patient-doctor relationship. As such, they had a duty of care to accurately diagnose your condition and render treatment.
- The involved healthcare provider violated this obligation by rendering care that was inadequate, careless, or reckless.
- You suffered harm as a result of your healthcare provider’s inability to provide care.
- You suffered losses as a result of your healthcare provider’s negligence.
We Can Prove How Medical Malpractice Harmed You
Some medical treatments simply do not go as planned. For instance, if you were diagnosed with late-stage lung cancer, treatment may not be able to alleviate your condition. This would not constitute medical malpractice.
However, if your doctor incorrectly diagnosed your condition as bronchitis or pneumonia and your lung cancer got worse, you could have a medical malpractice case.
We can use the following information to prove that you did not receive adequate medical care:
- Your medical records
- Testimony from healthcare consultants
- Your lab test results and imaging scans
- Your own personal testimony
- Your medications
- The treatments you received (if they were ultimately unnecessary)
We Can Prove Fault and Liability for Your Losses
A doctor may not necessarily be the only negligent party in your case. Other involved parties could include:
- Lab technicians
- Healthcare administrators
We can hold all of the parties involved in your case accountable for their actions.
Medical Malpractice Claims We Can Help with
According to Medical Principles and Practice, medication errors are the leading type of medical malpractice cases. This can happen when the doctor prescribes the wrong medication or the wrong dosage. It can also happen in instances where a pharmacist fills the wrong script.
Other types of medical malpractice that may have harmed you or a loved one include:
- Misdiagnosis or failure to diagnose
- Surgical errors
- Failure to consult a patient’s medical history
- Breach of patient/doctor confidentiality
- Failure to properly treat your condition
How the Financial Recovery Process Works
Once your lawyer takes on your case, they will start gathering evidence to prove your allegations. After they have concluded their investigation, they will file a medical malpractice claim with the liable insurer.
However, not all doctors need to carry liability insurance, per the New York State Department of Financial Services (DFS). In this instance, we would file a lawsuit against the negligent healthcare provider.
At this point, our team would:
- Negotiate a settlement
- Demonstrate negligence
- Interview witnesses
- Establish negligence
- File your case within the statute of limitations
- Handle communications with the involved parties
We can either settle your case out of court or take your lawsuit to a verdict.
Call the Attorneys at the Law Office of Cohen & Jaffe, LLP for More Information
You can begin a free case review with our team today and ask us questions about your case. During our conversation, we can cover the following topics and more:
- How long it will take to resolve your case
- What damages you could recover if you lost a loved one
- What goes into proving a medical malpractice case
- What settlements our team has won in the past
- What you can expect from a medical malpractice lawyer in Huntington
Connect with us by calling (516) 358-6900.
For a free legal consultation with a medical malpractice lawyer serving Huntington, call 516-358-6900