When you see a medical professional for a routine check-up, procedure, or another test, you trust them to have your best interest in mind and uphold their duty to care for your health. Unfortunately, many physicians neglect this duty, with 34% having a medical liability lawsuit filed against them during their careers. If you suffered injuries due to a healthcare worker’s negligence, you deserve representation that will fiercely advocate for your rights and achieve the compensation you deserve.
At the Law Office of Cohen & Jaffe, we have over a century of collective experience and recovered millions of dollars in verdicts and settlements for Jamaica, New York victims. Our compassionate Jamaica personal injury lawyers take a personalized approach, giving you an experience tailored to your unique needs and circumstances. In addition to these top-notch legal services, we can connect you to resources like doctors and specialists so that you can have a stress-free recovery. Due to the complicated nature of Jamaica’s medical malpractice claims, we communicate with you every step of the way to help you fully understand your claim and your legal options.
How Does New York Define Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, medical professional, or healthcare facility fails to care for you according to the standards of the profession and causes you harm. Examples of medical malpractice include the following:
- Improper treatment
- Birth injury
- Misdiagnosis or failure to diagnose
- Prescription errors
- Surgical errors
- Failure to monitor
- Failure to inform of procedure risks
If you have sustained injuries due to a healthcare worker’s negligence, you have the right to file a claim and seek financial compensation for your losses. Our injury lawyers listen to your story to determine if you have a case and the best course of action to prove liability and achieve a successful outcome.
Standard of Care and Proving Fault in Medical Malpractice Claims
Medical professionals have a responsibility to uphold a medical standard of care. This standard is the level of care a reasonable and similarly trained and experienced healthcare professional would provide in the given circumstances. As the victim of medical malpractice, you are responsible for establishing this standard and proving the at-fault party failed to follow it. We can help you do this by speaking with a qualified medical professional who can testify to the following:
- The appropriate standard of care in your unique situation
- How the liable party’s negligence caused your injuries.
In addition to testimony from a healthcare worker, we can help you collect further evidence that demonstrates liability, including the following:
- Medical records
- Bills and statements
- Witness testimony
- Prescription drug history
- Insurance policies
- Mental health records
- Test results
- Video Footage
- Personal statements
This information helps prove the existence of your injuries, their cause, and how they have impacted your life physically, mentally, and financially. We leave no stone unturned when building your claim, so you can rest assured we do everything we can to hold the responsible party accountable and seek justice.
Potentially Recoverable Damages in a Medical Malpractice Claim
Suffering injuries due to medical malpractice can be traumatizing, leaving you in pain, distressed, and potentially out of work. These losses deserve recognition, so we fight tirelessly to secure total compensation for your injuries, which may include the following:
- Current and future medical bills
- Lost wages and benefits from missed work
- Loss of earning capacity
- Mental anguish
- Reduced quality of life
- Surgery costs
- Physical therapy
- Prescribed medications
- Punitive damages
Some of these damages, like medical bills and lost wages, are typically simple to calculate. However, others, like pain, suffering, and mental anguish, can be more challenging due to their abstract, subjective nature. Our knowledgeable medical malpractice lawyers can accurately determine your claim’s value so you have the best chance of receiving a fair settlement.
It’s important to note that New York uses a comparative negligence system when awarding damages in medical malpractice claims. This means each party involved receives a percentage of fault for the incident, which gets deducted from their compensation. For example, if you are 20% at fault for your injuries, your damages get reduced by 20%. While this allows you to recover losses if you are partially at fault, insurance companies may try to undermine your claim and assign you an unfair fault percentage. We understand these tactics and do everything possible to ensure adjusters do not lowball you.
Contact a Trusted Jamaica Medical Malpractice Lawyer at the Law Office of Cohen & Jaffe
If you suffered injuries due to medical malpractice, you should prioritize your recovery instead of worrying about the legal process. Fortunately, our highly skilled medical malpractice attorneys at the Law Office of Cohen & Jaffe are here to handle every aspect of your claim and support you from start to finish. We understand the physical and emotional tolls your injuries have on your life, so we do everything with your best interest in mind.
We have proudly served Jamaica’s medical malpractice victims for many years, so you can trust us to treat your claim with the utmost care and attention. When working with us, you speak directly with our legal partners, Richard Jaffe and Stephen Cohen, as opposed to a secretary or paralegal, giving you the hands-on experience you deserve. With our unmatched legal services and innovative solutions, you can have a stress-free legal experience. To schedule a free consultation, call 516-358-6900 or fill out our contact form. Learn more about our team and services by subscribing to our Cohen & Jaffe YouTube Channel.
For a free legal consultation with a medical malpractice lawyer serving Jamaica, call 516-358-6900