Like the rest of us, doctors can make mistakes. However, when doctors make mistakes in the care and treatment of patients, the consequences can be severe. Patients who are already suffering from a condition or disease may suffer more pain and face a decreased survival rate.

A Long Island medical malpractice lawyer at Silberstein, Awad & Miklos, P.C. could assist you if you or a loved one have suffered injuries as a result of medical errors. Our firm has experience recovering millions of dollars for victims of medical malpractice, including a $56 million verdict for a baby born with severe spina bifida.

Our firm works with a skilled team of medical experts to highlight the facts of your case and communicate your injuries to the defense with certainty. We have the financial power to take on your case for the time it takes to reach a settlement or trial award. Consult one of our seasoned medical malpractice attorneys today to begin crafting a legal plan for your case.

Defining Medical Malpractice

Medical malpractice occurs when a doctor or other healthcare provider fails to provide the requisite standard of care and as a result, causes injuries to the patient. The standard of care is measured by the level of care that medical providers in the same or similar field would offer in a similar situation. When a doctor breaches this standard of care, injured patients may have a valid medical malpractice claim.

The appropriate standard of care depends on various considerations. For instance, factors such as the age of the patient, the nature and extent of the medical condition, and the standard protocols for treating that illness or injury may determine whether a case is valid. A patient’s lawyer must also prove that the breach in the standard of care directly led to the injuries sustained by the patient.

Common Types of Medical Malpractice

According to a recent study published in the British Medical Journal, medical errors are the third leading cause of death in the U.S. Numerous types of situations may lead to medical malpractice lawsuits. Some common types of medical malpractice claims may include:

  • Failure to diagnose
  • Misdiagnosis of an illness or injury
  • Failure to appropriately treat an illness or injury
  • Treatment of a non-existent medical condition
  • Failure to order appropriate tests
  • Not referring patients to another doctor for specialized care
  • Leaving an object in the body after surgery
  • Using non-sterilized medical equipment

All of these types of situations may be grounds for a medical malpractice claim. Individuals who believe they may be victims of medical malpractice could talk to an experienced Long Island medical malpractice attorney to see if they have a case.

Deadline to File a Claim

All states set limits or deadlines on the ability of patients to file medical malpractice claims. Pursuant to N.Y. C.P.L.R. § 214-A, injured patients have two years and six months, from the date the injury occurred or from the date continuous treatment that led to the injury ended, to file a medical malpractice claim.

However, the discovery rule also may apply in some medical malpractice claims. This means that the statute of limitations may not begin to run until the patients discover – or should have discovered – the injury caused by the act of medical malpractice.

For example, if individuals discover a foreign object that a doctor left in their bodies following surgery, they would have one year from the date of discovery or from when the discovery of the object would reasonably have been, in which to bring a medical malpractice claim.

Damages Available to Patients

There are various types of damages that may be available to injured patients in medical malpractice cases. Some of these damages are economic or compensatory in nature, such as lost wages due to an inability to work, medical bills, hospital expenses, and the costs of rehabilitation. Other damages are non-economic or general damages that may be more difficult to value, such as pain and suffering and emotional anguish.

Punitive damages may be available in extreme cases of medical malpractice. This might be the case if a doctor or medical provider acted recklessly or with malice in causing injuries to a patient. A skilled Long Island medical malpractice lawyer could help an injured patient recover damages.

Reach Out to a Long Island Medical Malpractice Attorney

The aftereffects of medical malpractice can be devastating, so let one of our Long Island medical malpractice lawyers assist you in evaluating your situation and determining whether you have any valid medical malpractice claims. At Silberstein, Awad & Miklos, P.C., we have honed an extensive skill set aimed at obtaining compensation as efficiently as possible.

We do so by leveraging our knowledge of personal injury law and by working with a reputable team of medical experts. These experts can verify the medical facts of your case and ensure that the full impact of the damages on your life is communicated and evaluated by the court.

An experienced medical malpractice attorney could help you fight for a fair compensation from those who are responsible for your injuries. Call or email today to discuss your case. We are available to answer your questions and provide legal support at all hours and on any day of the week.

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New York Personal Injury Lawyer | Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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