Queens Medical Malpractice Lawyer
Law Office Of Cohen & Jaffe – Queens Personal Injury Lawyers
LEGALLY REVIEWED BY:
Richard S. Jaffe, Trial Attorney and Litigator
August 15, 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 Queens medical malpractice lawyer from the Law Office Of Cohen & Jaffe – Queens Personal Injury Lawyers 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).
Recent Case Results
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 – Queens Personal Injury Lawyers is important to understand your rights and options.
Why Choose Us to Represent Your Medical Malpractice Case
At the Law Office of Cohen & Jaffe – Queens Personal Injury Lawyers, we have a strong record of dedication, results, and community commitment. We focus on building trust with clients, guiding them with care, and pursuing the best possible outcomes. Here is why many in Queens choose us:
- Decades of Combined Experience – Our attorneys, Stephen M. Cohen and Richard S. Jaffe, have decades of experience representing injury victims throughout New York, achieving significant verdicts and settlements in complex cases. Mr. Cohen has secured results such as $4 million for a motorcyclist with paraplegia, $1.2 million for a child with a fractured skull, and $1.5 million for a worker injured in an elevator accident.
- Distinguished Education and Credentials – Mr. Cohen earned his B.S. from Bradley University and his J.D. from St. John’s University School of Law. Mr. Jaffe earned his B.A. from SUNY Binghamton and his J.D. from Touro College Jacob D. Fuchsberg Law Center. Fluent in Spanish, he began advocating for injury victims in 1988 as a paralegal for a personal injury law firm.
- Award-Winning Advocacy– Our firm’s accolades, recognized by respected legal organizations and professional publications, such as Martindale-Hubbell, the American Institute- Personal Injury Division, Super Lawyers, AVVO, and BBB Accredited Business, reflect a strong commitment to justice and outstanding client service.
- No Fee Promise – You pay no legal fees unless we win your case, allowing you to focus entirely on your recovery without financial stress.
- Deep Community Roots – Our community involvement includes scholarships, charitable programs, and local initiatives that underscore our dedication to families.
Trusted High-Rated Reviews
We’ve earned stellar reviews on Yelp and Google :
- Mary Beams: “I was very pleased with the service that I received. Everything was very organized. Everything was very prompt. The people were very kind and nice everyone I spoke to everything was explained proper. I was not inconvenienced once everything went very smooth. I would definitely recommend them.” Read more
- Yanu Alexandra. “My name is Yanu and I am a client of the Law Office of Cohen & Jaffe, LLP. I have had a pleasant experience with both the attorneys and staff. I was impressed with their professionalism and customer service and their staff is not only friendly but also highly skilled.” Read more
- Dalivid Solano. “I felt HONORED and GRATEFULLY to have legal representation & settlement for my Injury Related case By COHEN & JAFFE. This is by far THE BEST law firm I have ever work with. The lawyers are extremely good, kind , highly professional and they were always Available I HIGHLY Recommend this Team”. Read more
Contact a Medical Malpractice Attorney Near You
Damages You Could Be Entitled to Medical Malpractice Compensation
There are many 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, 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 in-depth knowledge of medical malpractice law. Your Queens medical malpractice 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 – Queens Personal Injury Lawyers, you can seek justice for the harm caused by medical negligence.
“I want to convey to the clients that we’re going to do the best we can and that no matter how many questions you have, you’re always going to get that service. You’re going to get courteous people who care about you.”
Richard S. Jaffe
Pursue Wrongful Death Compensation Due to Medical Malpractice
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. A Queens medical malpractice 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.
Contact a Queens Medical Malpractice Lawyer Today
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 Office Of Cohen & Jaffe – Queens Personal Injury Lawyers 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.
Call a medical malpractice lawyer near you:
- Medical Malpractice Lawyer in Nassau County
- Medical Malpractice Lawyer in Long Island
- Medical malpractice lawyer Baldwin
- Medical malpractice lawyer in Garden City
Related articles about medical malpractice claims:
- How Much Is the Average Medical Malpractice Settlement?
- What Are The Chances of Winning a Lawsuit Against a Hospital?
- What Kind of Lawyer Do I Need for Medical Malpractice?
- How to File a Medical Malpractice Claim
- Can You Sue a Hospital? Your Legal Rights in New York
- How to Sue for Malpractice in New York: A Step-by-Step Guide
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
FAQs About Medical Malpractice Claims in Queens
What are the odds of winning a medical malpractice lawsuit?
In New York and across the U.S., medical malpractice lawsuits are tough. A report from the American Medical Association shows doctors win about 90% of trials when the evidence is weak, roughly 70% with moderate evidence, and even when the case is strong, physicians still win just over half the time.
That doesn’t mean the injury or harm isn’t real. These cases demand airtight documentation, strong expert testimony, and a clear connection between the mistake and the outcome.
As a Queens medical malpractice lawyer, we’ve seen how often these cases fall apart—not because the patient wasn’t hurt, but because the legal bar is high. That’s why we dig deep before filing anything. We examine every chart, timeline, and medical opinion to build cases that hold up—ones the defense can’t ignore and insurers are forced to take seriously.
What is the hardest element to prove in a medical malpractice case?
Causation is the most challenging hurdle in most malpractice cases. Even if a doctor makes a grave mistake, that doesn’t automatically mean the patient’s outcome would’ve been different. In court, we must show—medically and legally—that the healthcare provider’s actions directly caused the injury.
This becomes particularly difficult when:
- A patient already had a serious underlying condition.
- The harm might have occurred regardless of treatment.
- The connection between the negligence and the outcome isn’t medically straightforward.
We work with independent medical professionals to analyze whether the injury directly resulted from the provider’s failure or was likely to occur even with proper care. Proving causation often requires more than suspicion—it demands documented evidence, clinical judgment, and credible expert interpretation.
What is the average medical malpractice settlement in NY?
Medical malpractice settlements in New York can range widely, from five figures to several million. In Queens, the value of your case depends on several factors:
- The type and severity of injury (temporary vs. permanent).
- Economic losses, like medical bills and lost income.
- Non-economic harm, such as pain, suffering, and loss of enjoyment of life.
- The clarity of the evidence ties the injury to negligence.
While some sources suggest the median payout in New York is around $446,000, we’ve seen higher numbers in cases involving birth injuries, surgical errors, and delayed diagnoses. However, the outcome depends entirely on the unique facts of your situation and the strength of the legal and medical evidence.
What are the four things that must be proven to win a medical malpractice suit?
To hold a medical provider legally accountable in Queens, you must prove all four of the following elements:
- Duty of care: There was a formal relationship between the provider and patient, establishing a legal obligation.
- Breach of duty: The provider acted in a way that fell below accepted medical standards.
- Causation: That failure directly caused the injury, both coincidentally and clearly and provably.
- Damages: The patient suffered physical, emotional, or financial harm.
A case can fall apart even if just one of these is missing or unclear. We devote significant time upfront to gathering medical records, consulting qualified professionals, and evaluating whether each legal element can be supported by objective evidence.
Visit our office in Queens, New York
At the Law Office Of Cohen & Jaffe – Queens Personal Injury Lawyers we help victims of medical malpractice in an extended New York area. We have an office at 82-11 37th Ave Suite LL14, Jackson Heights, NY 11372, United States United States.
Find us with our GeoCoordinates: 40.75001725437377, -73.88385343199236
Richard S. Jaffe | Partner
After pioneering a string of personal injury cases on Long Island and in the New York City metropolitan area involving lead paint poisoning of infants, Richard’s reputation would be well known enough as a fierce trial attorney and litigator. Richard has managed to secure several multi-million dollar verdicts and settlements throughout his 30-plus years of experience, which has earned him membership in many prestigious circles, such as the nation’s Million Dollar Advocates Forum.
Justia – Super Lawyers – Avvo – Yelp