Careless mistakes made by doctors and surgeons can have devastating consequences. Yet, most patients do not know their legal rights regarding patient care or what steps to take after facing negligence from a medical professional. Proving medical malpractice requires you to provide evidence of negligence. Typically, establishing negligence in a medical malpractice case hinges on expert testimony. A skilled malpractice attorney can help you prove liability in Long Island medical malpractice claims.
With years of experience handling complex New York medical malpractice cases, the legal team at Duffy & Duffy has the essential resources to help you get compensation for the medical negligence you have experienced. Our firm has relationships with experts in almost any medical field and on-staff nurses to process and review medical records. If you have experienced negligent care from a medical professional that has impacted your health and have questions about your legal options, we can help.
Medical malpractice is negligence committed by a doctor or hospital. To get compensation, you must show a medical provider breached the standard of care they were sworn to uphold. Standard of care is the degree and skill that a medical professional with similar training and experience would provide in the same situation. Beyond proving the standard of care was breached, you must also show the negligent conduct caused your injuries. Meeting the requirements of proving liability in medical malpractice cases in Long Island requires expert testimony from a medical professional.
The first step in any medical malpractice case is establishing the basic elements of a negligence claim. Following these steps can help you gather the evidence to hold doctors and hospitals accountable for your injuries.
If you sustained injuries due to a mistake made by a physician or hospital staff, your first action should be to collect your medical records from the facility. Gather any other records related to the illness you were treated for.
Partnering with an experienced medical malpractice lawyer is an essential step in getting compensation for injuries related to medical malpractice. When sharing information about your claim, it is essential to provide your attorney with all the information necessary to avoid surprises that could defeat your claim. During this time, it is crucial to share information about your medical history that may be considered relevant to the claim and the injuries or illness you sustained.
Malpractice cases can take several years to come to trial. During this time, information about your treatment can be forgotten or lost. Keeping a file that includes all your relevant medical information will ensure the evidence is available for the trial. Keep records that include dates, names, bill amounts, and treatments to help you prepare for testifying under oath. Your records will provide your attorney with information to help you prepare for trial or settlement.
Along with medical bills, compensation for lost wages is one of the most common medical malpractice awards for plaintiffs with extensive injuries. If you were unable to work following your injury, you will need to keep copies of your employment attendance, records of time out of work, and prior 1099s or W-2 forms. These files will help calculate lost wages and prove your inability to work.
Eyewitnesses can be key in proving liability in a medical malpractice case in Long Island. A witness can be a nurse, assisting medical professional, or even a friend or family member who was in the room when a mistake was made. Collecting the names of any potential witnesses can help your lawyers establish fault on the part of the defendant.
Proving liability in Long Island medical malpractice claims is a complex process that requires an in-depth understanding of legal statutes. New York laws limit the time period in which you can file a claim for medical malpractice to two and a half years from the date of treatment or error. Our lawyers could ensure you meet all necessary requirements and guide you through the process of filing your claim. If you were a victim of medical malpractice, the lawyers at Duffy & Duffy can help. Contact us to learn how we can ensure your rights are fully protected.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.