We put tremendous personal trust in doctors we allow to care for us. Every medical procedure carries an element of risk, and there is no guarantee of a positive outcome. But in some cases, a patient suffers injuries or even death through medical error or negligence. If a healthcare provider’s actions depart from the accepted standard of care and result in harm, you may have a case for compensation.
If you suffered injuries due to suspected negligence on the part of a medical professional on Long Island, one of our lawyers can determine if you have a case and how much it may be worth. The Law Office of Cohen & Jaffe, LLP is dedicated to advocating for victims’ rights, and we want to see how we can help you.
Compensation for Medical Malpractice on Long Island
There are various forms of damages you may qualify for after suffering from medical malpractice. Some of them include:
- Medical expenses related to your original injury or illness the medical professional failed to properly treat
- Medical expenses related to any new injury or illness the malpractice caused
- Ongoing rehabilitation
- Hospital stays and emergency room care
- Home modifications your injury requires
- Permanent disability
- Pain and suffering
- Loss of quality of life
- Lost wages if your injuries kept you from earning an income
- Reduced earning capacity if your injuries prevent you from returning to work or performing the same skills
We can calculate both your economic and non-economic losses to ensure you seek fair compensation through a claim or lawsuit. Our goal is for you to suffer no further loss as a result of a medical professional’s negligence.
Wrongful Death Damages
If you lost a loved one due to medical malpractice on Long Island, we can file a wrongful death claim or lawsuit on your behalf. Some of the damages you may recover include:
- Your loved one’s medical expenses
- Your loved one’s pain and suffering
- Your loved one’s income they would have provided
- The services and companionship your loved one would have provided
- Funeral and burial expenses
- Lost wages if you had to take time off of work to care for your loved one before their passing
No amount of compensation can bring back your family member, but financial recovery can help you cope in their unexpected absence.
Depending on who serves as the representative of the deceased, you may qualify to bring a claim or lawsuit. If a will does not appoint a representative, the court will usually name a spouse, child, or parent as the representative. They can then distribute the awards among the surviving family members.
Determining if You Have a Case for Medical Malpractice on Long Island
Medical malpractice is not about bad results–it’s about the negligent conduct of doctors. If the performance of a physician, surgeon, nurse, technician, pharmacist, hospital, or another medical professional falls short of the accepted standard of care and results in harm to a patient, medical malpractice has occurred.
In general, we have to determine if the four elements of negligence played a role in your case:
- Duty of care: The medical professional was treating you as a patient.
- Breach of duty: The medical professional failed to follow the standard of care, which resulted in a medical error.
- Causation: The medical error caused you harm, such as an injury or illness.
- Damages: You suffered losses as a result of the injury or illness.
If you are wondering whether your injuries or the loss of a loved one warrants a medical malpractice case, we can determine your legal options during a free, no-obligation consultation.
Medical Malpractice Can Result in Costly Injuries
Medical malpractice carries serious consequences. It causes up to 440,000 deaths in the United States every year, according to the Institute of Medicine. Aside from fatal instances, medical malpractice can cause severe injuries and illnesses.
Along with the original injury or illness the medical professional should have addressed, malpractice can leave patients with new injuries and medical complications. Some injuries may require additional surgery and treatment, which can leave a patient with even more medical expenses.
A new injury or illness can also complicate a pre-existing condition. For example, if a doctor prescribed medication that causes an adverse reaction, a patient may face new issues with a condition they previously had under control.
Our Track Record Speaks for Itself
The Law Office of Cohen & Jaffe, LLP has a record of holding doctors and hospitals accountable for medical malpractice. Here are some examples of results we have secured for our clients:
- A $500,000 settlement for a case involving a Bronx hospital’s failure to run necessary blood tests
- A six-figure settlement for a wrongful death due to medical malpractice
Trial lawyer Richard Jaffe is intimately involved in every case. He brings to the table 20-plus years of courtroom skills, a nationwide network of medical experts, and unique insights as a trained EMT (emergency medical technician).
Medical Errors Can Take Many Forms
A successful medical malpractice claim or lawsuit must show that the medical practitioner violated the accepted standard of care and that this violation led to the patient suffering harm.
Any unexpected death or significant decline in a patient’s health or well-being while under medical care should be thoroughly investigated by medical experts who are independent of the doctor, hospital, medical institution, and insurance companies involved with the patient’s care.
You should be aware of the various ways medical errors can occur. Some causes of patient injury or death that should be investigated for potential malpractice include:
Surgeons can commit the following errors through negligence:
- Anesthesia error
- Post-op infections
- Foreign objects left in the body
- Operating on the wrong side of the body
When prescribing medication, doctors and pharmacists must take care to observe a patient’s medical history and avoid any adverse reactions. Some medication errors include:
- Medical staff errors
- Pharmacy mistakes
- Prescribing the incorrect dosage
A doctor’s first duty is to properly diagnose an existing condition. They may have acted negligently if they:
- Failed to diagnose cancer
- Failed to detect the risk for heart attacks and strokes
- Misinterpreted signs of colon cancer
Birth injuries can occur before, during, and after delivery. They may cause harm to both the mother and child. Some examples include:
- Brachial plexus injury (Klumpke’s palsy, Erb’s palsy, and other nerve damage)
- Cerebral palsy
- Other types of brain damage
Nursing homes are also held to a standard of care. Abuse or neglect can lead to:
- Injuries from falls
Hospitals may fail to obtain informed consent from a patient or commit other errors.
Medical Negligence Laws in New York
The technical nature of medical malpractice lawsuits makes case preparation a lengthy process. New York places a statute of limitations – or time limit – on medical malpractice lawsuits. In most cases, a malpractice lawsuit must be filed within two and a half years after the medical error or omission in question or from the end of a continuous treatment during which the alleged error or omission took place, according to CVP § 214-A.
A case alleging a surgical error involving foreign objects left in a patient’s body must be filed within a year after its discovery. A wrongful death lawsuit must be brought within two years from the date of death, under EPT § 5-4.1.
Act Quickly to Protect Your Rights
If you miss the deadlines for filing a lawsuit, you risk losing your right to pursue compensation through legal action. Keep in mind that our lawyers need time to prepare your case, negotiate with insurers, and file a lawsuit, so the sooner you reach out to us, the sooner we can begin.
How Our Medical Malpractice Lawyers Can Help
The Law Office of Cohen & Jaffe, LLP on Long Island pursues medical malpractice cases in Nassau County, Suffolk County, Queens, and throughout the NYC metro area.
Here are the ways we can help you pursue the compensation you are entitled to collect:
Investigating Your Case and Gathering Evidence
Our legal team can employ a variety of methods to investigate your case and gather evidence of negligence. For example, we may consult expert medical professionals who can testify that the defendant’s actions violated the standard of care.
Negotiating a Settlement
Insurance companies may offer a settlement when a case is particularly strong. Our job is to make sure that you are compensated fairly for the short-term hardships and long-term impact of your medical injuries or your family member’s wrongful death. If the insurance company will not settle for a sufficient amount, we are prepared to take your case all the way to trial.
Preparing a Case for Trial
Because of the high burden of proof, medical malpractice lawsuits are not settled out of court as readily as other types of personal injury cases. In addition to being able to prepare a convincing case, your medical malpractice lawyer must be prepared to take your case to court.
Handling Your Case on a Contingency-Fee Basis
We understand that you are already facing exorbitant medical expenses and other losses following medical malpractice. We want to advocate for you without adding additional financial strain.
So, we take our cases on a contingency-fee basis, meaning we charge you nothing up front to begin your case, and we only accept our payment if we are able to secure compensation for you.
Call the Law Office of Cohen & Jaffe, LLP
If you believe you or a loved one is suffering from a medical professional’s negligence on Long Island, you do not have to take on the legal fight alone. You have a right to retain legal representation, and we can handle your case from beginning to end. When we handle a case, we give it the personalized attention it deserves, and we will keep you updated every step of the way.
For a free legal consultation with a medical malpractice lawyer serving Long Island, call 516-358-6900