Whether you are getting a regular check-up, getting surgery, or inquiring about symptoms, you trust your doctor and other medical professionals to always have your best interest in mind. Unfortunately, doctors often breach this trust, and 21% of American adults report suffering from medical errors. If your doctor, nurse, or other healthcare worker neglected to care for you properly and caused you injuries, you deserve high-quality representation that will thoroughly investigate your case and advocate for you.
At the Law Office of Cohen & Jaffe, we strive to help you reclaim your life after suffering injuries at the hands of a medical professional. Our compassionate Levittown injury lawyers understand these claims’ sensitive and complex nature, so we treat your case with the utmost care and respect. With over a century of collective experience, you can trust us to effectively take on your claim and achieve the compensation you deserve. In addition to providing unmatched legal services in New York, we connect you with doctors and take other difficult tasks off your plate, so you can focus on recovery while staying informed on your claim.
What Qualifies as Medical Malpractice in New York?
Medical practice is a specific type of negligence by a medical professional that occurs when a healthcare worker fails to uphold the accepted standard of care and causes a patient’s condition to worsen. Common forms of medical malpractice include the following:
- Failure to diagnose
- Prescribing incorrect medication or improper dosage
- Surgical errors
- Birth injuries
- Anesthesia errors
- Emergency room errors
- Failing to order tests
- Not taking a patient’s history
- Failing to follow up with a patient
During your free consultation with us, we can help you determine if you can file a medical malpractice claim and the best path forward to hold the negligent party accountable.
Proving Fault in Levittown Medical Malpractice Claims
When filing a medical malpractice claim, you are responsible for proving the at-fault party caused your injuries. There are several aspects to this process and building a strong claim.
Burden of Proof
The burden of proof is your responsibility as the victim to prove the four essential elements of your medical malpractice claim. These points include the following:
- Duty: The liable party owed you a duty to care for your health and safety.
- Neglect: They neglected their standard of care by failing to uphold this duty.
- Causation: This neglect directly caused your injuries.
- Damages: Your injuries resulted in damages.
In addition to these elements, you must demonstrate an established doctor-patient relationship with the liable party. We understand this can seem daunting, but we can help you gather evidence like medical records, witness testimony, and personal statements to build a strong claim and achieve a successful outcome.
Certificate of Merit
When proving fault in New York medical malpractice claims, state law requires you to have a certificate of merit. This document certifies that we consulted with a medical professional about your case. They confirm the following:
- Your actions to file a claim have merit
- You have a reasonable basis for a lawsuit
- The liable party deviated from the standard of care, resulting in your injuries
If the other evidence we gather speaks for itself, you may not need a certificate of merit. For example, if a surgeon left a medical instrument inside you, the evidence of this negligence is enough to prove fault without a certificate of merit. We can help you determine if you need this document and obtain it efficiently to build a solid claim.
What Compensation Can You Collect for a New York Medical Malpractice Claim?
Injuries from medical malpractice can take a physical, mental, and financial toll, all of which deserve recognition and compensation. Depending on the severity of your injuries and other details of your claim, you may recover the following damages:
- Pain and suffering
- Current and future medical bills
- Surgery costs
- Prescribed medications
- Lost wages from missed work
- Loss of earning capacity
- Reduced quality of life
- Rehabilitation and physical therapy
- Assistive medical devices
- Hospital fees
- Punitive damages
Some damages, like medical expenses and lost wages, are typically straightforward to calculate, but others, like pain and suffering, can be more difficult due to their abstract and subjective nature. With our extensive experience and knowledge of calculating these damages, we can help you accurately determine your claim’s worth and negotiate with insurance companies to ensure you receive a fair settlement.
Contact a Trusted Levittown Medical Malpractice Lawyer at the Law Office of Cohen & Jaffe Today
If your doctor, nurse, or other healthcare provider neglected their duty to care for your health and safety, you might not know the best steps to protect your rights. One of the first actions to take is to contact an experienced lawyer who will support you every step of the way and allow you to focus on recovery. Our dedicated team at the Law Office of Cohen & Jaffe can help handle all aspects of your claim so that you can have a stress-free legal experience.
As a trained EMT, law partner Richard Jaffe understands the serious and traumatic injuries that result from medical malpractice. Based on your unique needs and circumstances, we develop a customized legal plan to help you receive the compensation you deserve. We have secured millions of dollars for past victims with our top-tier legal services and innovative solutions. To schedule complimentary case consultation, call 516-358-6900 or fill out our contact form. To learn more about our team and services, subscribe to our Cohen & Jaffe YouTube Channel.
For a free legal consultation with a medical malpractice lawyer serving Levittown, call 516-358-6900