When a health care provider, medical practitioner, or healthcare facility acts in a way that causes you to suffer an injury or makes an existing condition worse than it was, there may be a basis for you to take legal action against this party.
A well-prepared and documented claim aims to recover all your medical expenses, lost income, and other economic damages, as well as non-quantifiable losses, like pain and suffering.
If the actions of a medical practitioner or facility caused you to suffer an injury or worsened an existing condition, an Oceanside personal injury lawyer could help. At Friedman & Simon, L.L.P., we will fight for your right to recover every dollar of damages that you are entitled to and deserve.
In This Article
- Types of Medical Malpractice Cases We Accept
- Do You Have a Medical Malpractice Case?
- Types of Medical Practitioners Who Commit Medical Malpractice
- When Facilities Are to Blame for Your Injury
- Problems That Could Lead to Medical Malpractice in Oceanside
- Researching and Investigating Your Medical Malpractice Case
- Meeting the Requirements for Medical Malpractice
- Calculating Recoverable Damages for Your Oceanside Medical Malpractice Case
- Statute of Limitations and Other Technical Case Requirements
- What To Do Next If You Have a Medical Malpractice Claim
- An Oceanside Medical Malpractice Lawyer Can Help You
Types of Medical Malpractice Cases We Accept
At any point during the course of medical treatment or a medical procedure, a practitioner can fail to meet the generally accepted standards of medical practice. Within the medical profession, such a failure may constitute negligence. If it causes a patient to suffer an injury or worsens an existing condition, the practitioner can be held liable for damages.
Many types of medical mistakes can happen, and our firm accepts all such cases, including:
- Surgical errors
- Birth injuries
- Failure to prevent secondary infection
- Medication mistakes
- Failure to advise the patient of risks associated with treatment
- Failure to treat a patient
- Failure to diagnose
- Failure to diagnose in a timely manner
- Diagnostic errors
- Obstetrics mistakes
If you experienced any of the above medical mistakes that caused or exacerbated an injury, you have the right to pursue compensation. Our firm is ready to handle your case.
For a free legal consultation with a Medical Malpractice lawyer serving Oceanside, call 516-932-0400
Do You Have a Medical Malpractice Case?
Medical malpractice cases can result from a misdiagnosis or delay of a proper diagnosis. When that failure or delay to correctly diagnose a condition results in worsening issues, medical malpractice may be to blame.
If you believe a healthcare provider or medical facility caused your injury or illness due to negligent or reckless behavior, you may have a medical malpractice case. Our Oceanside medical malpractice team will listen to your concerns and evaluate your case. There is no risk to you.
Oceanside Medical Malpractice Lawyer Near Me 516-932-0400
Types of Medical Practitioners Who Commit Medical Malpractice
For any given patient, a multitude of healthcare professionals may be involved in their treatment. At any juncture of these complex webs, a mistake can occur that can either directly harm the patient or send a rippling effect throughout the web to create catastrophic problems with future diagnoses or treatment.
Negligence can occur out of ineptitude, lack of skill, or sheer carelessness, and it can happen at the hands of anyone involved in a patient’s care, including:
- Lab technicians
- Nurse practitioners
- Oral surgeons
The legal team at Friedman & Simon, L.L.P. will explore the roles, behaviors, and actions of everyone who touched your medical care. When we identify the at-fault party, we will work aggressively to establish their negligence and liability.
When Facilities Are to Blame for Your Injury
Sometimes a medical facility, like a hospital or treatment center, plays a role in the medical mistake that caused your injury. It is not uncommon for any of the following types of facilities to be held legally liable for the damages a patient suffers from such an error:
- Testing labs
- Urgent care centers
- Surgery facilities
- Nursing homes and long-term care facilities
Our Oceanside medical malpractice lawyers will investigate each facility’s role in your injury. We will meticulously deconstruct the circumstances of the malpractice that caused your injuries to ensure the relevant parties are held responsible for your losses.
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Problems That Could Lead to Medical Malpractice in Oceanside
Short staffing, budget cuts, and other issues could lead to more of a focus on the bottom line rather than patient care. These problems can result in medical malpractice.
Staffing Levels and Training Deficiencies
Some medical care facilities and nursing homes are severely understaffed. This limits the available time they have to focus on individual patients and leads to rushed decisions, misdiagnosed symptoms, and a general failure of the system to protect patients. Caregivers don’t seem to have the time to listen to patients, which adds to the problem.
If you or a loved one has been neglected or mistreated, leading to a worsening of your condition or a misdiagnosis, seeking a complimentary case evaluation can be an essential first step.
Researching and Investigating Your Medical Malpractice Case
With over 30 years of experience in representing the injured people of Long Island, the legal team at Friedman & Simon, L.L.P. knows the intricacies of the medical care industry. We know where to look for evidence to connect the liable party(s) to your injuries.
Some of the places we will search for such evidence include:
- Your medical records
- Professional history of each medical practitioner
- Witness accounts
- Medical facility history
- Professional opinions from medical experts
Our goal as we gather evidence is to form an airtight case that establishes the party(s) at fault for your injury. Our team will conduct an investigation to discover all the facts that led to your malpractice claim. We begin by establishing the four elements of negligence.
Meeting the Requirements for Medical Malpractice
Upon identifying the at-fault party or parties, we will establish the core elements of a medical malpractice case. This effort will include proving the following:
- Duty – The defendant owed you the duty of care inherent in a healthcare practitioner-patient relationship.
- Breach of Duty – The medical provider failed to fulfill this duty of care by failing to provide the level of care or skill that another medical practitioner within the same area of practice or specialty would have provided in a similar situation (expert testimony will be required here).
- Damage – You suffered a physical or emotional injury, whether a new condition or the worsening of an existing condition.
- Causation – The injury you sustained results from the defendant’s breach of duty (again, we will tap into opinions provided by experts to meet this burden of proof).
Once our medical malpractice team has established negligence in your case, we can proceed with your compensation claim.
Calculating Recoverable Damages for Your Oceanside Medical Malpractice Case
During our investigation, the evidence we gather will also support your claim for damages — how you experienced economic or non-economic loss from this medical malpractice case.
Each medical malpractice case is different, but some types of damages that are commonly associated with this type of case include:
- Medical expenses
- Doctor and surgeon fees
- Prescription medicines
- Home health care
- Lost income and benefits
- Home modifications
- Assistive mobility devices
- Diminished quality of life
- Pain and suffering
If you lost a loved one due to medical malpractice, we are very sorry for your loss. Please know that your family is entitled to pursue a wrongful death action. Our firm can represent your family in this matter. We will fight aggressively to get the compensation that your family is entitled to and the justice your departed loved one deserves.
Statute of Limitations and Other Technical Case Requirements
The state of New York’s statute of limitations under NY § 214-A restricts the time you have to take legal action in your medical malpractice case. Furthermore, claims and litigation are governed by other rules that also impose time deadlines and other technical requirements for how various instruments and other case components are served, filed, and presented.
Your medical malpractice lawyer will stay on top of all these important details to ensure your case moves smoothly through the legal process, in a timely manner, with the best results for you. It is important to keep in mind that the sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
What To Do Next If You Have a Medical Malpractice Claim
If you think you have grounds for a medical malpractice case, there are some steps you can take immediately to ensure that your claim is filed promptly.
Keep all of your medical reports, files, and bills in a safe place. This information will play a crucial role in building your case. If you have pictures or video documenting your injuries or your loved one’s negligent care, these will become part of your evidence file. Before your complimentary consultation, write down a list of any questions or concerns you have about your case. Our team is here to address all of your inquiries and keep you posted on the progress of your case if you choose to work with us.
An Oceanside Medical Malpractice Lawyer Can Help You
Let a member of the Friedman & Simon, L.L.P. legal team represent you in your medical malpractice case. We will work aggressively to get you the compensation you deserve.
Call us today for a free case review and consultation.