Accident And Injury Attorneys

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Abogados De Accidentes

Queens Medical Malpractice Lawyer

Law Office of Cohen & Jaffe, LLP.

Law Office of Cohen & Jaffe, LLP.

LEGALLY REVIEWED BY:
Richard S. Jaffe, Trial Attorney and Litigator

February 5, 2025

Dealing with the aftermath of medical malpractice can be draining and all-consuming. Your injuries might have even put you out of work and left you to recover at home.

A lawyer serving Queens from The Law Office of Cohen & Jaffe, LLP can help you secure a financial award to compensate you for the many damages you could be suffering from (and might suffer from in the future).

elderly female patient getting aggravated with her doctor

What Is Medical Malpractice? 

Medical malpractice occurs when a healthcare provider delivers care that doesn’t meet the accepted medical standards, causing harm to a patient. This can include a variety of situations, such as misdiagnosis, mistakes during surgery, or a failure to provide proper treatment.

To qualify as medical malpractice, specific conditions must be met. First, there must be a doctor-patient relationship, establishing the provider’s duty of care to the patient. Next, it must be proven the healthcare professional breached the duty by acting with negligence or failing to meet the standard of care. Lastly, the patient must have suffered actual harm as a direct result of this breach, which could include physical injury or financial loss.

Proving negligence may require expert testimony from other medical professionals to show that the treatment provided was substandard and led to the patient’s injury. If you believe you were the victim of medical malpractice, seeking legal counsel from the lawyers of The Law Office of Cohen & Jaffe, LLP is important to understand your rights and options.

What You Could Gain from Hiring a Queens Medical Malpractice Lawyer at Our Firm

When you hire your personal injury attorney to represent your medical malpractice case, you get to redistribute the stress and concern of your claim or medical malpractice lawsuit to a professional who makes this kind of process their daily work. Our Queens medical malpractice lawyers know what comes next after a victim of negligence decides they want to take action.

We are prepared to help you in the following ways:

  • Our team searches for evidence that supports your medical malpractice testimony.
  • We will tell you all we know about your case and your options.
  • Our staff will interview any eyewitnesses we can find.
  • Your lawyer will assign a value to all your losses.
  • We will list all your requests and losses on a demand letter that we send to the insurance company.
  • Our team will file all paperwork for you.
  • We will handle all communications and negotiations with the insurance company.
  • We will help you file your medical malpractice lawsuit before the statute of limitations imposed by CVP §214-A runs out.

The Types of Damages that Could Entitle You to Medical Malpractice Compensation

There are many kinds of ways you could be eligible to recover damages for medical malpractice. For instance, any worsening or additional injury the liable party caused you is not the only way you could take home a settlement or judgment.

Your pain and suffering and loss of enjoyment of life are also relevant. Medical bills, such as physical therapy, any surgery or hospital stays your malpractice caused you to endure, and mobility aids you have to rent or buy qualify you for damages as well.

Step-By-Step Process of a Medical Malpractice Claim 

Initiating a medical malpractice claim is complex and time-consuming, but understanding the key steps involved can help guide you through the journey. The following is a breakdown of what you can expect when pursuing a claim for medical malpractice:

Consult a Medical Malpractice Attorney

First, you must consult with an experienced attorney who has a focused knowledge of medical malpractice law. Your Law Office of Cohen & Jaffe, LLP attorney will review the details of your case, including your medical history and the events that led to your injury, to determine whether you have a viable claim.

Gather Medical Records and Evidence

To prove that medical negligence occurred, it’s crucial to gather relevant medical records and documents. This includes medical bills, hospital records, diagnostic tests, prescriptions, and any other documentation related to the care you received. Your attorney may also recommend gathering expert medical opinions to help substantiate your claim and show that the standard of care was violated.

File a Complaint With the Court

Once the evidence is gathered, your attorney will file a formal complaint with the court, which outlines the details of your claim, including the healthcare provider’s negligence and how it led to your injuries. The defendant, or the healthcare provider, will then be served with a copy of the complaint and will have the opportunity to respond.

Discovery Process

During discovery, both parties exchange information, including documents, medical records, and witness testimony. Your attorney may also conduct depositions, where key individuals—such as medical experts, the defendant, and witnesses—are questioned under oath. This is an essential stage of the process, as it helps both sides assess the strength of the case and determine how to proceed.

Negotiation and Settlement Discussions

Generally, these types of claims are resolved out of the courtroom.  We will negotiate a settlement with the healthcare provider or their insurance company. Settlement offers are typically made to avoid the time, cost, and uncertainty of a trial. However, if a fair settlement cannot be reached, the case will proceed to trial.

Trial

If a settlement cannot be reached, the case will proceed to trial. Both parties will then present evidence and witness testimony, and the jury or judge will determine whether negligence occurred and, if so, the appropriate compensation for the injuries. Trials can be lengthy, and the outcome is never guaranteed, but your attorney will advocate on your behalf to ensure your case is presented as effectively as possible.

Appeals Process (If Necessary)

In the event of an unfavorable ruling, either party has the right to appeal the decision. The appeals process involves reviewing the details of the case to determine if any errors were made in the trial. Appeals can be time-consuming and costly, but they provide an additional layer of legal recourse if you believe that the trial court’s decision was incorrect.

Award and Compensation

If you win your case, the court will award compensation for your injuries. The award amount you recover will depend on the severity of your injuries and the other details surrounding your case. If a settlement was reached before trial, you would recover a negotiated payout.

Filing a medical malpractice case is lengthy and emotionally taxing, but with proper legal support at The Law Office of Cohen & Jaffe, LLP you can seek justice for the harm caused by medical negligence.

Our Queens Medical Malpractice Attorneys Can Help You Pursue Wrongful Death Compensation

If you are looking to file a medical malpractice lawsuit because you lost your loved one to medical malpractice, we are sorry. Wrongful death damages that could result in a financial award are:

  • Loss of guidance
  • Loss of consortium
  • Loss of your loved one’s income
  • Your loved one’s medical bills prior to their passing

Speak to your legal team about the ways you could secure a settlement. The National Center for Biotechnology Information (NCBI) states that “most physicians carry medical malpractice insurance.” However, your journey is not over if the defendant in your case is not covered by such a policy.

Our Past Clients Speak Highly of Our Services

When you think about what you want in medical malpractice legal representatives, you likely want a team that will listen to you, advocate on your behalf, and keeps you informed. Our client testimonials attest to how much we care about the people we serve and what we are willing to do to get them fair settlements.

  • “All of the staff that I had worked with had been professional [and] courteous.”
  • “…outstanding and consistent reliability, service, results & promptness.”
  • “…welcoming and reassuring… [hard-working] and very polite…”
  • “Would definitely recommend [them] to anyone and would definitely come back if I ever need a lawyer.”

Our goal is to provide a helping hand when our clients need to most. Allow us to do this for you and your family at this difficult time.

We Will Prove Who Is Liable for Your Losses

Medical malpractice might not just be the fault of your healthcare provider or doctor. Administrative staff, nurses, or the hospital/office itself could be liable. Your Queens lawyer will utilize any evidence of medical malpractice they find to argue that you deserve damages.

Many sources of proof could help your case. For instance:

  • Video footage of the medical error itself
  • A journal detailing your pain and recovery
  • Interview transcripts of those who witnessed the malpractice occur
  • Your receipts and other medical documents before and after your injury
  • Medical expert testimony that affirms the negligence of the other party

Talk to our team so we can begin putting together your case.

What You Can Do Right Now to Help Your Case

Aside from retaining a Queens medical malpractice lawyer, you might not know how to conduct yourself in a situation like this. However, you could start by staying off social media. Insurance companies often scour victims’ profiles for opportunities to disprove the victim’s pain and claim for damages.

If you post a picture of yourself at the beach while on pain medication to get through the day, all the adjuster will see is that you are able to have a good time. They will claim that you are not truly hurting. Do not give them this chance.

You should also collect everything you can think will help us with your medical malpractice case, write down all the details that you think might be relevant, and be ready to recount your experiences. Our medical malpracrice attorneys in Queens, NY know this aspect of the case can be difficult, but we have to hear everything so we can build your case.

Proving Negligence in Your Case

You have an opportunity to make a negligent medical worker accountable for not upholding the duty of care they should have maintained. Your lawyer familiar with medical malpractice will establish that:

  • Your Queens medical professional had this duty of care to keep you safe.
  • The liable party violated this duty.
  • This violation harmed you.
  • The harm you suffered caused your financial losses.

Call the Attorneys at the Law Offices of Law Office of Cohen & Jaffe, LLP LLP for Help

Our medical malpractice attorneys have staff members ready to take your call at any time of day or night an d provide legal representation. Call the Law Offices of Law Office of Cohen & Jaffe, LLP LLP at (866) 878-6774 today. You will not benefit from waiting to take action, as the statute of limitations only allows you a limited time to file a medical malpractice lawsuit.

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