Staten Island Medical Malpractice Lawyer
As a patient, you believe that your doctor and health care facility will do everything they can to take care of you and ensure you get the proper medical treatment you need. That is why it can shock you when you or a loved one is injured or killed because of a healthcare professional’s medical mistake. What can make this situation even more unfathomable is when the doctor and hospital refuse to give you honest answers about what went wrong and not even try to help you through this awful situation.
However, if you are going through this challenging ordeal, you need to know that you do not have to shoulder all the devastating consequences of these circumstances alone. Instead, you should be able to fight back and go after the financial damages and the justice you deserve.
For these reasons, if you or a family member sustained injuries due to a medical error or omission, you should reach out to a Staten Island medical malpractice lawyer, such as those at Jacoby & Meyers LLP, as soon as you can.
Jacoby & Meyers LLP, Staten Island’s Personal Injury Law Firm
Since our founding in 1972, Jacoby & Meyers LLP has grown to become a large, innovative, and well-known law firm.
Our Staten Island personal injury lawyers focus on achieving one goal: helping our clients by:
- Providing them with legal representation,
- Preserving their dignity and privacy throughout the whole legal process,
- Making sure that our communications remain clear and straightforward, and
- Providing them with case evaluations that they can fully comprehend while offering them the quality legal presentation they need.
As a result of this hard work, dedication, and drive, we have not only helped countless clients over the last 50 years, but we have also secured millions of dollars on their behalf through settlements and verdicts, including the following recent judgments:
- $8,323,000 settlement for a medical malpractice incident that caused cerebral palsy
- $4,000,000 verdict for a medical malpractice case against a hospital and a doctor
- $1,600,000 settlement for a missed cancer diagnosis
- $1,000,000 settlement to a family who lost a loved one because a hospital committed medical malpractice
While we guarantee no results, contact us today at Jacoby & Meyers LLP to see what we can do for you and your case.
Medical Malpractice—Do You Have a Valid Claim?
Medical malpractice is a legal cause of action that occurs when a health care professional deviates from standards in their profession, either through a negligent act or omission, and ends up causing harm to a patient.
However, for one of these acts or omissions to be considered medical malpractice under the laws, the claim needs to meet the following elements:
A Relationship Existed Between the Patient and the Doctor
To pursue a medical malpractice claim, the patient needs to establish a relationship between them and the medical professional. This relationship emerges when the doctor affirmatively acts in a patient’s case by treating, diagnosing, or agreeing to take care of them, and the patient agrees to treatment.
Violation of a Standard of Care
In the medical field, the standards of care are the acceptable medical treatments that reasonably prudent health care professionals would use under similar circumstances. Consequently, patients have a right to expect that their health care professional will meet these standards. When they do not, the professional acted negligently.
Negligence Resulted in an Injury
Unfortunately, in a medical malpractice suit, it is not enough to show that a doctor simply violated their standard of care. Instead, the injured patient also needs to prove that the health care professional’s negligence resulted in their injury and that this injury would not have occurred in the absence of negligence.
Substantial Damages Occurred
Because medical malpractice cases are so costly to litigate, if a patient wants their claim to be viable, they will often have to show they suffered substantial damages due to their medical malpractice injury. Otherwise, if the damages are minor, the cost of a medical malpractice lawsuit can be higher than the potential financial recovery.
Consequently, patients will usually need to show that they suffered debilitating pain, extensive hardships, significant medical bills, disabilities, and lost wages because of their injuries.
Common Examples of Medical Malpractice in Staten Island
Although medical malpractice can take on many different forms, in Staten Island, some of the more common examples of medical malpractice include:
- Not reading laboratory results properly or ignoring them altogether
- Performing unnecessary surgeries
- Failing to diagnose a health issue
- Performing surgery on the wrong area or other surgical errors
- Improperly administering medications or giving patients the wrong dosage
- Discharging a patient prematurely
- Not following up with the patient post-treatment or performing poor aftercare
- Failing to recognize a patient’s specific symptoms
- Failing to order the proper medical tests
- Not taking into account the patient’s medical history
- Birth injuries, including cerebral parsley and shoulder dystocia
However, you have to understand that this list is not exhaustive of all the types of medical malpractice scenarios that can occur, and not every medical mistake will mean you have a legal case. That is why if you believe you have a medical malpractice claim, the best way to know for sure is to contact a Staten Island medical malpractice attorney at Jacoby & Meyers LLP as soon as possible. We can review your case, figure out if you have a valid claim, and determine how to pursue the compensation you deserve.
Who Can You Hold Liable for Medical Malpractice in Staten Island?
If you have suffered significant injuries because of medical malpractice, you may be able to pursue a lawsuit against the health care professional responsible for your harm.
These medical professionals can include:
- Pharmaceutical Companies
- Blood Banks
- Physical Therapists
- Specialists who focus on specific body parts or diseases, including the kidney, lungs, liver, heart, and brain.
In addition to these individual medical care providers, you can also hold organizations involved in providing medical care or treatments liable for your harm and losses. This can include hospitals (for instance, Staten Island University Hospital or Richmond University Medical Center), urgent care centers, hospice care centers, free clinics, and assisted living facilities.
Filing a Legal Claim in Staten Island Before Time Runs Out
In New York, following a medical malpractice incident, you will only have two years and six months from the date of the act, omission, or the last treatment date of continuous treatment to bring a legal claim.
This is called the statute of limitations, and it restricts the time an individual has to file a suit following an offense. If these individuals do not file their case within this period, they cannot recover compensation for their harm and injuries.
Some exceptions to this rule can affect this filing period:
- Foreign Objects: If you discover a foreign object left in the body, you must within one year, or one year after a reasonable person could have discovered the foreign object, whichever happens first.
- Cancer Misdiagnoses: If the legal claim is based on a medical professional failing to diagnose cancer, the statute of limitations starts when you first learn of the misdiagnoses.
- Infancy: If the medical malpractice occurs on a minor, the statute of limitations will often expand, and these minors have 10 years to file a malpractice claim unless another exception applies.
- Insanity: The statute of limitations will not run against a person who is not sane. Instead, mentally ill people must file a medical malpractice legal action within two years and six months after they recover their sanity.
- Wrongful Death: If the patient dies because of medical malpractice, their family must file a wrongful death claim within two years of their death.
To file your suit before time runs out, speak to our skilled Staten Island medical malpractice lawyers as soon as you can. We can promptly review your case, figure out the maximum amount of time you have to file your claim, and ensure that all your required legal documents are filed with the court before your time expires.
Financial Damages You Can Pursue in a Staten Island Medical Malpractice Lawsuit
If you suffered serious injuries because of a health care professional’s negligence, you might be entitled to compensation. In New York, this compensation will often include economic and non-economic damages.
Economic damages compensate the injured patient for their actual medical malpractice losses. These damages typically include compensation for things like medical expenses (doctor visits, surgeries, hospital stay, and prescription medications), lost wages, reduced earning capacity, and rehabilitation costs.
On the other hand, non-economic damages compensate patients for their subjective losses resulting from the incident. These damages are often hard to quantify and even harder to prove. They include losses related to pain and suffering, mental anguish, loss of enjoyment of life, loss of compassion, loss of consortium, and disfigurement.
Finally, in rare cases, plaintiffs can recover punitive damages. However, courts only award these damages to punish malicious and willful defendants. Consequently, for a patient to recover punitive damages, their attorney must show that the defendant’s actions involved a conscious and deliberate disregard of the patient’s interests.
Protect Your Legal Rights Following a Staten Island Medical Malpractice Incident
If medical malpractice harmed you or a loved one, the last thing you want to do is worry about what to do after this incident. However, the steps you take are not only critical to your health and safety but your legal rights.
For these reasons, if you sustained injuries because of a doctor’s negligence, you should consider doing the following:
Get to Another Doctor
Your health needs to be your top priority. That is why if a doctor’s negligence harmed you, go to another medical care professional and get the medical treatment you need. These treatments can also help your attorney understand the extent of the trauma you suffered.
However, do not get treatment from the medical professional that caused your injuries. If the doctor knows you are pursuing legal action against them, they can try to interject matters into your medical records or your care that will minimize your chance of bringing a successful claim. For these reasons, if you can, try to avoid going back to your doctor and instead get to a new one as soon as you can.
Get Your Records From the Doctor
Obtain copies of all your medical records as quickly as possible. This can help prevent the health care professional or their staff from altering, tampering, or losing any of your medical documents that can help your legal claim.
Watch What You Say
Even though venting about the situation or posting about it on your social media outlets may seem like a great way to relieve stress, this may not be the best thing to do under the circumstances. You need to realize that everything you say or post can leave a trail of evidence for the other side to use against you. That is why it is best to avoid discussing the situation with others and posting anything about the incident online.
Staten Island Medical Malpractice Lawyer FAQs
If a medical malpractice incident in Staten Island injured you or a family member, you may have questions about your legal options, the remedies you can pursue, and what you need to do next. Yet, until you can speak with a Staten Island medical malpractice attorney about your specific case and get the answers you need, we have prepared responses to the following frequently asked questions many of our clients have after a medical malpractice incident.
We hope with the below information, you better understand medical malpractice claims in Staten Island, what you must do to go after the compensation you deserve, and how an experienced Staten Island medical malpractice attorney can take on this legal fight for you.
1. If a Surgery Was Botched Can You File a Lawsuit Against the Doctor in Staten Island?
Unfortunately, proving that you were a victim of medical malpractice in Staten Island is challenging. You must meet several elements beyond showing a bad outcome.
For these reasons, if you sustained severe injuries because of a botched surgery, you should reach out to a Staten Island medical malpractice attorney at Jacoby & Meyers LLP, as soon as possible. We can investigate your claim, verify whether you have a viable case, and help you pursue the damages you deserve.
2. How Do You Know If Your Health Care Professional Was Involved in a Medical Malpractice Lawsuit?
If you want information regarding a doctor’s records and background, you can check out the New York State Physician Profile Website. This website can provide you with information regarding a medical care professional’s education, billing options, and whether they were involved in any medical malpractice suits.
3. Do Most Medical Malpractice Cases Go to Trial in Staten Island?
Because medical malpractice cases are significantly time-consuming and expensive, most of these cases will typically settle before they go to court. However, if the sides cannot agree on a settlement offer, the attorneys may decide to take the case to trial, which means these cases can take anywhere from months to years to revolve.
That is why, if you believe you have a medical malpractice case, it may be a good idea to speak with a Staten Island medical malpractice attorney as soon as you can. These lawyers can help you figure out what legal options you have and walk you through the legal process involved with your case, and help you understand the settlement process and how it may apply in your situation.
4. Do You Need to Have Expert Witnesses to Prove Your Staten Island Medical Malpractice Case?
To prove a medical malpractice claim in New York, the injured patient needs to show that the health care professional breached the standard of care accepted in the medical community and the breach was the case of the patient’s harm.
Consequently, for an injured patient to prove their case, they will need to present testimony from a medical expert to support the allegations asserted. These experts must review the case, address each element introduced in the malpractice suit, and make an independent determination of whether medical malpractice occurred.
This testimony is so critical in New York that the state’s regulations require the injured patient’s lawyer to certify that they have reviewed the case with a medical expert before filing their medical malpractice claim and indicate in the complaint that there is a legal justification for the case.
Due to these legal complexities involved in filing a medical malpractice case, you should reach out to a knowledgeable Staten Island medical malpractice attorney at Jacoby & Meyers LLP as soon as possible. We can meet all these stringent requirements and prepare the case for you so that you can go after the financial recovery that you need.
5. What Legal Action Can You Pursue if Your Loved One Died Because of Medical Malpractice in Staten Island?
If you lost a family member because of medical malpractice, you might be able to pursue legal action against the parties that were liable for their death through a wrongful death lawsuit. These lawsuits allow the immediate family of someone killed in an accident to recover compensation for their injuries.
However, to be eligible to claim wrongful death, these family members must show that their loved one’s death resulted from misconduct or negligence by the accused party and that they suffered financial damages due to this death. In addition, because the deceased’s estate brings wrongful death lawsuits, a personal representative of the estate must also be present.
For these reasons, if you believe that your family member died because of medical malpractice, it is recommended that you speak with a Staten Island medical malpractice attorney about your case. These lawyers can look into your loved one’s death, determine if you have a viable wrongful death claim, and help you go after the compensation you and your family deserve.
6. Does the State Limit the Compensation You Can Recover in Staten Island for a Medical Malpractice Claim?
Unlike many other states, which limit the amount of money a victim of medical malpractice can recover in a personal injury claim, New York does not cap your medical malpractice monetary damages.
This includes damages related to pain and suffering, lost wages, medical bills, and other types of compensation.
7. How Much Compensation Can You Recover Following a Staten Island Medical Malpractice Incident?
When it comes to medical malpractice cases, no attorney can tell you exactly how much money you can recover. This is usually because there are just too many factors that can influence the value of these cases and, ultimately, the amount of money you can receive.
Take, for instance, the following factors:
- The extent and severity of your medical malpractice injury
- The treatments you will need going forward
- Whether you sustained a permanent disability
- Whether you can work following the incident
- The extent of your lost wages
- The extent of your pain and suffering
- The credibility of the evidence presented
- The defendant’s culpability
- The ability to take part in everyday activities following the incident
Because of these numerous elements, it is in your best interest to work with a medical malpractice attorney at Jacoby & Meyers LLP following your medical malpractice incident. These lawyers can review each of these factors, figure out how they impact your case, and help you go after the maximum amount of financial damages you deserve.
8. If Your Doctor Made a Medical Mistake While Treating You in a Staten Island Hospital, Can You Pursue Legal Action Against the Hospital?
Suing the hospital for medical malpractice will often depend on the circumstances of the incident.
For instance, a hospital is not responsible for a physician’s medical malpractice injury if they are not a hospital employee.
And because many doctors who treat patients at hospitals such as Staten Island University Hospital are not employees of that hospital, you may not be able to pursue legal action against the hospital following a medical malpractice incident because the hospital will argue these doctors are independent contractors and the hospital is not responsible for their mistakes.
However, there are certain times when an exception may apply that can allow you to hold the hospital liable for your damages, even if the doctor is an independent contractor.
- Apparent Agency: If a doctor is not an employee of the hospital but the hospital did not make it clear to the patient that the doctor was not an employee, the patient may sue the hospital for the doctor’s malpractice.
- Granted Privileges: If the hospital granted privileges to a doctor they knew or should have known had issues with substance abuse or previous substantiated medical malpractice claims, you can hold it responsible for medical malpractice.
- A Pattern of Mistakes: You can hold a hospital responsible for a doctor’s medical malpractice if an investigation shows a pattern of mistakes by the doctor and that the hospital failed to act on.
As a result, to find out if you can pursue legal action against the hospital, you should reach out to a Staten Island medical malpractice attorney, who can determine if any of these exceptions apply and what legal options you have.
9. If a Doctor Wants to Negotiate With You Following a Staten Island Medical Malpractice Incident, Should You Talk With Them?
If a doctor, clinic, or hospital is trying to reach you to negotiate a deal following a medical malpractice incident, it may be in your best interest to first contact a Staten Island lawyer before taking any of these calls.
In many instances, these establishments and medical professionals will try to get you on the phone without legal counsel so that they can try to minimize your claim and pay you as little money as possible. However, with a lawyer on your side, you will not have to worry about handling these discussions on your own. Instead, we can treat your case with the respect it deserves and go after the fair settlement you need.
10. How Can Jacoby & Meyers, LLP Personal Injury Attorneys Help You Fight for the Justice You Deserve Following a Staten Island Medical Malpractice Incident?
As you can see, to bring a successful medical malpractice lawsuit in Staten Island, you will need to have a thorough understanding of the state laws and be able to present strong legal arguments and relevant evidence proving your claim. However, following this devastating ordeal, this is probably the last thing you want to worry about, and rightfully so—as your focus should be on your healing and recovery and not on these complex legal processes.
Fortunately, when you work with Jacoby & Meyers LLP, our knowledgeable and hardworking Staten Island medical malpractice attorneys can take on this legal case and go after the damages you deserve.
Or, more specifically, our attorneys can:
- Go over your case, determine if you have a viable claim, and figure out what legal options you have.
- Answer your questions and concerns and provide you with the legal support you need during this challenging time.
- Investigate your medical malpractice incident and gather the evidence needed to prove fault and the extent of your injuries.
- Handle the legal forms and help ensure that legal motions and documents are prepared and filed with the court before time runs out.
- Bring in medical and financial experts to prove your claim and show the extent of the damages you endured.
- Handle all the negotiations with the other side and the insurance company.
- Take your case to trial if the other side is unwilling to provide you with a reasonable settlement offer and fight for maximum compensation.
For these reasons, if you or a family member sustained severe injures due to medical malpractice in Staten Island, do not wait to get the legal help you need. Instead, contact Jacoby & Meyers LLP today at (877) 488-170 and let our legal team show you how we can help you fight for your rights.
Jacoby & Meyers, LLP
26 Watchogue Rd Suite 1
Staten Island, NY 10314