Floral Park Medical Malpractice Lawyer

How Much Compensation Can You Seek for Medical Malpractice?

Financial compensation for medical malpractice varies from case to case. Your lawyer can estimate how much compensation you may be able to get based on the specifics of your case. Here are some of the types of damages you may be able to recover for medical malpractice:

Economic Damages

Economic damages compensate you directly for expenses caused by your malpractice injuries. Some eligible expenses include:

• Medical bills accrued because of your malpractice injuries
• Lost wages for work you missed because of your malpractice injuries 
• Reduced earning capacity if you cannot return to work because of your malpractice injuries 

Non-Economic Damages

Non-economic damages compensate you for the pain and suffering caused by your malpractice injuries. You may be eligible for non-economic damages if the malpractice:

• Left you disfigured 
• Caused you to develop anxiety, depression, PTSD, insomnia, or other mental health problems
• Reduced your quality of life

We can help calculate these damages so you do not leave any money on the table when negotiating with insurers. Our aim is for you to suffer no further harm as a result of your injuries. 

How Do You Know If Your Case Qualifies as Medical Malpractice?

Medical malpractice occurs when a healthcare professional’s negligence injures a patient. Negligent treatment fails to meet the medical standard of care, which is the type of treatment that other reasonable providers would offer in the same situation. 

Doctors can commit medical malpractice, as can nurses, nurse practitioners, physical therapists, and other healthcare providers.

Here are some types of medical malpractice:

Misdiagnosis or Delayed Diagnosis

Many medical conditions are time-sensitive and must be treated right away. When a medical provider offers the wrong diagnosis or delays the right diagnosis, valuable time is lost, and the patient may suffer potentially serious consequences. 

The wrong diagnosis can also lead to the wrong treatment, which can also harm the patient. For example, improper medical treatment can exacerbate the existing medical condition or lead to other complications. 

Failure to Treat

In some cases, a doctor provides the correct diagnosis but fails to offer treatment, harming the patient. Some ways a doctor may fail to treat are:

• They fail to recommend a specialist.
• They discharge the patient too soon.
• They fail to provide follow-up care.

Surgical Errors

There are many types of surgical errors. The most dramatic surgical errors operate on the wrong side of the body or remove the wrong body part. 

Sometimes, surgeons leave foreign objects inside the patient. Other times, improper treatment can lead to post-surgical infections, or the doctors and nurses may fail to give the patient proper instructions for recovery. 

Childbirth Errors

Medical errors can seriously injure the fetus during pregnancy and the newborn during childbirth. In pregnancy, failure to diagnose birth defects in the fetus or maternal conditions, such as Rh incompatibility, gestational diabetes, or preeclampsia, can harm the unborn child. 

During the birth, negligence can lead to missed signs of fetal distress, failure to administer a C-section, improper use of a vacuum extractor or forceps, and more.

Anesthesia Errors 

Errors with anesthesia can be grave, causing permanent injury, brain damage, and death. Some common anesthesia errors include failure to properly inform the patient of preoperative procedures, failure to take a complete medical history before surgery, failure to monitor the patient during surgery, using too much anesthesia, and using defective equipment.

How Medical Malpractice Lawyers with Our Firm Can Help You Build a Strong Case

If you suffered from malpractice in Floral Park, our Floral Park, NY Personal Injury attorneys can help you navigate the legal process of a medical malpractice claim or lawsuit. Before they do anything, they will need you to explain your situation in the finest detail and present them with all the documents, bills, reports, and papers regarding your case. Once they understand the case and you understand your legal options, here are some of the ways they will assist you:

• Collect evidence to demonstrate negligence
• File a malpractice claim with the liable party’s insurance provider
• Negotiate a settlement 
• File a lawsuit if settlement negotiations fail

Can You Afford a Lawyer?

Some victims forgo seeking compensation because they believe they cannot afford a lawyer. When you work with us, you do not have to worry about this. We work on a contingency-fee-basis, so we can take your case at no upfront cost to you. If we cannot secure a settlement or court-awarded offer in your favor, you do not owe us a dime. 

You have enough to worry about when it comes to healing from your injuries. Let us take on the legal process for you. We can explore your options during a free consultation. 

Deadlines for Filing a Medical Malpractice Lawsuit in New York

You do not have forever to file a lawsuit for medical malpractice in New York. CVP §214-A sets the statute of limitations for medical malpractice at two years and six months. This deadline begins counting down from the date of the medical injury. If the injury resulted from a series of treatments, the clock starts at the date of the last treatment.

There are a few exceptions to the statute of limitations:

• If you discover a foreign object left behind in your body, you have up to a year from the date of the discovery or the date you discovered facts that would lead you to realize an object had been left behind.
• If your medical provider failed to diagnose cancer or a malignant tumor, you have two and a half years from the date a reasonable person should have known about the negligent act or from the date of your last treatment during continuous treatment, but not more than seven years after the actual injury.

After taking the details of your case, we will advise you about how the statute of limitations applies to you. The sooner you call us, the sooner we can begin working on your case and protecting your rights. 

The Attorneys at the Law Office of Cohen & Jaffe, LLP will Fight for You

If you have a Floral Park malpractice case, the Law Office of Cohen & Jaffe, LLP can fight for you. We represent victims of medical malpractice and other types of personal injury and have obtained millions of dollars in damages for our clients. 

Call our office today for a free case consultation.