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When you visit your healthcare provider, you expect them to be thorough when diagnosing your illness. You put your trust in them. Yet, every day, we hear about malpractice claims against doctors who misdiagnose or neglect their patients.
If you have visited a physician and feel they have neglected your care, know that you are not alone. We can help you understand who holds liability in Suffolk County medical malpractice claims and whether you may qualify for compensation. Our medical malpractice attorneys are here to support you.
Medical malpractice occurs when a physician or medical facility fails to provide the standard of care, resulting in harm to the patient. This may happen due to the physician’s actions or omissions. Some examples include:
There are many types of medical malpractice claims. In some cases, a claim can even be filed if a patient’s condition worsened while waiting in the emergency department to see a doctor. In such a situation, the Suffolk County doctor may not be the only one liable for medical malpractice.
When most people think of medical malpractice, they focus their attention on the treating physician. However, depending on the circumstances, multiple parties may be held liable for injuries sustained in a medical malpractice lawsuit.
Vicarious liability is a legal principle that could hold a hospital or another party responsible. This means a patient or their family may file claims against:
Anyone who fails to provide an adequate standard of care could be included in a suit against a doctor or medical facility. However, it is important to remember there is a statute of limitations for medical malpractice claims.
In New York, patients have two years and six months to file a medical malpractice claim, unless there are special circumstances. According to New York Civil Practice Law & Rules, Chapter 8, Article 2 § 214-A, if a patient discovers a foreign object left behind during a surgical procedure, they have an additional year from the date of discovery to file a claim. If there is a missed cancer diagnosis, a patient has two years and six months from the date of discovery to file a claim, but not exceeding seven years from the date of the misdiagnosis.
Medical malpractice claims can be complex. Not only must the claim be filed within the statute of limitations, but the burden of proof also falls on the petitioner to establish that malpractice occurred.
To make a successful medical malpractice claim in Suffolk County, petitioners must prove who is at fault, the harm caused by the negligence, and the potential future impact on the patient’s health. Documentation is essential, including records of the initial visit, evidence of the misdiagnosis, current medical conditions, and future health updates.
In most cases, expert medical professionals must review medical records and provide expert testimony confirming that the doctor failed to recognize key medical indicators.. It must also be proven that the patient’s injuries or illnesses were made worse due to an avoidable mistake. For instance, if the doctor prescribed the wrong medication for a clearly identifiable illness.
If there is sufficient proof of malpractice, a claim may be filed and successfully pursued.. However, doctors and medical institutions often deny responsibility and will have legal representation to defend themselves. This is why having experienced legal representation is crucial.
At Duffy and Duffy, we understand the complexity of medical malpractice claims. We have years of experience establishing liability in Suffolk County medical malpractice claims. We are prepared to help you seek compensation for the injuries you suffered due to a doctor’s failure to meet the standard of care.
If you believe you have a medical malpractice claim, contact us today to schedule a free consultation.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
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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.
