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The Difference IS OUR PASSION We truly care about our clients NYC PERSONAL INJURY LAWYERS We've recovered millions. for victims of personal injuries. Get a risk free consultation Over 30 years Experience. We know how difficult this is
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Big insurance companies profit underpaying victims of personal injuries. Our team of attorneys helps correct this.

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Founding Partner - Lawscape

Our team is focused on helping our clients recover financially, physically, and emotionally.

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Medical Malpractice Lawyers Queens

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A medical malpractice lawsuit is a special kind of personal injury case and understanding how one proceeds in Queens may be beneficial. While most people understand that medical malpractice involves harm caused by a negligent caregiver, it’s actually a much more complex situation than it may seem. From what qualifies as a medical malpractice case to what types of damages an individual can claim, state laws strictly regulate how such a claim can proceed.

What Constitutes Medical Malpractice?

Medical malpractice applies to incidences in which an injury is caused to a patient through the negligent act. This can include the failure to act for the good of the patient. It can involve a hospital, an individual doctor, or another caregiver. Medical malpractice can be defined as causing harm through an erroneous diagnosis, health management and treatment, or aftercare. There are three primary elements to any medical malpractice claim.

Violating the Duty of Care
The duty of care is a method the law uses to measure care in individual cases. The patient’s care is compared to the care received by similar patients suffering from similar illnesses. Since the conditions are similar, the level of treatment received by the patient should also be similar. In a malpractice case, the patient must be able to show that he or she received a substandard level of care. By showing a difference in the level of care, the plaintiff may be able to establish the caregiver’s negligence.

The Negligence Caused the Injury or Harm
Medical care isn’t an exact science and there just isn’t a cure for very many medical conditions. For this reason, the laws in Queens require that a plaintiff must be able to show the negligence directly caused the harm they suffered. Without this burden of proof, anyone receiving an unfavorable diagnosis or receiving an unsuccessful treatment could file a medical malpractice claim. Plaintiffs must be able to show how the negligence was responsible for their harm, which means showing they would not have suffered the harm under other circumstances.

There Must Be a Significant Monetary Loss
Pursuing a medical malpractice claim is one of the most expensive personal injury cases one can pursue. It requires a great deal of expert testimony from witnesses who must be paid for their time on top of the normal expenses associated with a civil lawsuit. This is just one reason the law requires that the harm caused by the caregiver’s negligence represents a significant financial burden. Typically, the plaintiff should be able to prove that negligence caused a disability, affected the individual’s ability to earn income, resulted in extreme pain and suffering, or caused other financial hardships.

The Types of Medical Negligence

There are actually several types of situations that may result in medical malpractice lawsuits. The most commonly known type of case is the improper treatment of a patient. This involves providing a type of treatment that isn’t the common approach to treating similar conditions in other patients. This may also involve administering the correct treatment, but committing errors in administering it. For example, breaking off a needle in the patient’s arm, which ultimately requires surgery to retrieve the needle fragment.

Errors in the diagnosis can also be grounds for a medical malpractice case. This can either be a delayed diagnosis or a misdiagnosis. A delayed diagnosis might occur if a heart condition is missed, which later causes the individual to suffer a heart attack. In this case, diagnosing the condition might have led to treatment which could have averted the heart attack. Alternatively, a misdiagnosis might involve diagnosing lung cancer as a less serious condition. In this case, the patient will likely be receiving treatment for the less serious condition, while the lung cancer continues to grow. Either situation results in a worsening of the condition as a direct result of the diagnosis error.

The final type of medical malpractice involves the caregiver’s failure to advise a patient of side effects. Whether in relation to a medical procedure or a new medication, the caregiver is responsible for making sure the patient is aware of the side effects. Failure to notify may cause a patient to undergo treatment only to suffer a more serious side effect, which the patient didn’t anticipate. For instance, if a patient with a weak heart isn’t aware the a medication can cause heart failure, he may take the medication only to suffer a heart attack shortly afterwards. In this case, the caregiver was negligent in revealing the side effects of the drug.

While there are specific laws governing medical malpractice lawsuits, those laws are intended to protect patients and caregivers alike. Consulting a lawyer qualified to handle medical malpractice cases will provide you with your best resource for pursuing a successful claim. While your lawyer can’t guarantee you’ll win your case, he can use his expertise to build a strong strategy that will improve your chances for a positive outcome.

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150 Motor Parkway, Hauppauge, New York, 11778.
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