Staten Island Medical Malpractice Lawyer
If you’ve been injured or lost a loved one due to a healthcare professional’s negligent behavior, you may be entitled to compensation. While it’s true that we can’t expect doctors to be flawless at all times, they should still do everything in their power to diagnose and treat a condition in the most effective manner.
Unfortunately, episodes of malpractice cause many deaths each year. In 2023, there were 398 medical malpractice claims filed. No one deserves to suffer because of a mistake they didn’t commit, especially if a professional is a culprit. As a victim, you need to speak with a Staten Island medical malpractice lawyer as soon as possible. The attorneys at Kuharski, Levitz & Giovinazzo, Esq. are ready to help you recover.
What Constitutes a Staten Island Medical Malpractice Case?
New York state saw the largest number of medical malpractice lawsuits filed among the country’s 50 states between 2012 and 2022. The study said there were 15,951 medical malpractice suits lodged in New York against doctors, nurses and healthcare professionals over the decade-long period, beating out California, which ranked second, by more than 3,500 suits. Many different circumstances can lead to a Staten Island medical malpractice claim. It all depends on how a patient is treated, as the case might be looked at from different points of view depending on the elements that led to your mistreatment.
Here are just a few ways you may have been failed by a medical professional that your lawyer can help you recover from.
Misdiagnosis or Failure to Diagnose
This form of malpractice is particularly dangerous, and it’s also the most common one. Informing a doctor of how you feel and eventual changes in your symptoms won’t always provide you with the desired results. In certain instances, healthcare professionals may ignore you or not pay enough attention to how your body is changing due to a specific illness.
This can result in misdiagnosis, which means you’ll be following the wrong treatment for an extended amount of time. That can cause irreversible damage. Failure to diagnose a specific condition will let it evolve into something more dangerous and potentially life-threatening. For this reason, you should be adequately compensated for all damages caused by their negligence.
Failure to Warn of Risks
Every procedure or treatment carries a variable percentage of risks, depending on underlying conditions and unpredictable factors. Doctors should always inform you of all known risks and give you the time to evaluate if the benefits are worth it, as certain medications or surgical procedures may alter your future and the way you experience life.
If you undergo treatments that you would have otherwise refused if you were aware of the risks because no one warned you about them, you’re well within your rights to file a medical malpractice claim, even if the therapy chosen was the right one for your condition.
Inadequate Follow-up Care
Taking measures that are effective in the long run is to be expected of Staten Island healthcare professionals. As a patient, you should always receive the proper follow-up care, especially if you’re experiencing new symptoms or you feel like a certain medication is interfering with your daily activities. These changes often indicate there are other problems to diagnose.
If a doctor treats you unfairly at any point after a professional relationship was established, they can be considered liable for all damages that could have been prevented if they had taken the appropriate measures to deal with them. Ignoring a patient’s updates may be negligent behavior, and you may have the basis for a medical malpractice claim.
Additional Requirements to File a Staten Island Malpractice Claim
The aforementioned elements are not the only ones you’ll need to file an effective claim. Proving the existence of a doctor-patient relationship and how your injuries are a direct result of their actions are additional requirements that you should never ignore when you’re pursuing compensation.
A Staten Island medical malpractice attorney will focus on obtaining evidence regarding these elements before anything else, as well as proving how the expected standard of care was breached, which resulted in unfair and damaging consequences for your finances and your well-being.
For example, the standard of care is a crucial component of your claim, as it’s directly linked to proving negligence and liability. By definition, this factor is represented by what a patient should expect as reasonable care towards their circumstances, and how a doctor with a similar background should have acted in a similar situation.
Receiving treatment that’s below the expected standard of care means a professional was negligent, is at fault for your injuries or your loss, and should compensate you. Remember that doctors can’t be accused of malpractice if they respected this element and did everything they could, even if you’re not satisfied with the therapy you experienced.
Why You Should Consult with a Medical Malpractice Lawyer
Cases involving malpractice are difficult to win without legal representation. Legal intricacies you’re not aware of could hurt your claim’s value, and not receiving the money you’ll need to fix the damage caused by someone else’s negligent behavior will cause financial problems in the future.
But this is not the only reason why you should consult with a Staten Island medical malpractice attorney. Below are a few key ways a lawyer can aid with your claim.
Statute of Limitations
You don’t have an unlimited amount of time to file your claim. All legal actions need to adhere to a statute of limitations, which is a legal deadline that defines the period in which you can seek compensation. In New York, you have thirty months, or two years and six months, after a malpractice episode took place to receive monetary compensation.
A lawyer can seek justice on your behalf before important evidence is lost or the true value of your injuries becomes unclear. This way, they can take all the time necessary to evaluate your case and provide you with the best compensation possible before this deadline expires.
Carrying Out an Investigation
A qualified medical malpractice lawyer will look into your issues and carry out a preliminary investigation. They may even go as far as getting in touch with expert witnesses, where medical personnel can evaluate your injuries, look into your condition, and compare the treatment you received with the expected treatment used in similar situations.
These doctors can also release a statement supporting the evidence your lawyer obtains, and if necessary, they can testify on your behalf if your case goes all the way to a courtroom. A good lawyer is always prepared for all circumstances, and won’t let you proceed blindly while defendants take advantage of your pain.
Handling Paperwork
Documentation is already difficult to gather and comprehend when you’re healthy, and it can quickly turn into a nightmare when you’re injured. A mistake or misunderstanding when dealing with legal jargon could mean delays in receiving your settlement, and could potentially hurt the value of your claim, especially if defendants notice something’s wrong before you do.
With a Staten Island medical malpractice attorney by your side, you won’t have to worry about this step, as they will handle all the paperwork, respond to eventual correspondence, and examine settlement offers on your behalf. Doing so will let you focus on your recovery while avoiding that feeling of confusion and stress that usually comes with these procedures.
Communicating with Insurance Companies
Receiving a call from an insurance adjuster who’s looking for a recorded statement that will be used to avoid payout can be a frustrating experience. Unfortunately, that’s only the beginning when personal injury claims are involved. If you don’t negotiate properly, a drawn-out back-and-forth between lowball offers and your answers could start.
A number of strategies will be used against you, and accepting a quick settlement offer can be potentially dangerous for your future expenses. A reputable attorney can negotiate aggressively while stopping insurance companies from wasting your time. When you have one by your side, it will be difficult for these businesses to ignore your version of the facts.
Establishing Your Claim’s True Value
It’s not unusual for a malpractice victim to accept an inadequate offer because they didn’t account for what they’ve been through mentally, along with the pain they had to endure every day. A lawyer won’t let you commit this mistake, as they’ll make sure your compensation also includes non-economic damages.
This type of damage doesn’t have a specific monetary value (like your medical bills, cost of treatment, and more) and can be difficult to establish, as it’s a unique element that changes from case to case. An experienced malpractice lawyer is the only professional figure who truly knows how much you deserve because of the anguish you experienced.
In this situation, it’s recommended to keep a journal where you describe your symptoms and how they negatively impacted your daily routine. If you return to work and find yourself pushing through a considerable amount of pain, attorneys will make sure that’s also included in your settlement.
Examining Your Case
If you file a claim without connecting with an attorney, you may find yourself going straight into a losing battle. Any mistake or lack of information can leave you without the resources you need for the compensation you’re due.
An attorney will take a look at the circumstances and details that led to your decision of filing a claim, proceeding only if it’s worthwhile for you. If your chances of being compensated are extremely low, they can save you from wasting time and money by warning you about your low possibility of winning.
Contact a Staten Island Medical Malpractice Attorney
A medical malpractice claim involves many steps, and it would be unwise to let an injured individual go through them and expect to be successful. Fortunately, you’re not alone in your pursuit of justice, as our team of experienced lawyers is ready to provide you with all the help you need to make things right.
At Kuharski, Levitz & Giovinazzo, Esq., we have the skills, knowledge, and will to proceed in multiple ways to get your life back on track. We won’t let anyone ignore the facts, and we won’t back down from a trial if that’s what it takes to provide our clients with the compensation they deserve.
Ready for a free consultation? You can call our office at 718-448-1600 or fill out the online contact form below to learn more about your options.
Citations
Medical Malpractice Claims, NYC Comptroller report
https://comptroller.nyc.gov/reports/annual-claims-report/
Study: NY Had Nation’s Largest Number of Med-Mal Suits Filed Over Last Decade, law.com report
https://www.law.com/newyorklawjournal/2022/11/01/study-ny-had-nations-largest-number-of-med-mal-suits-filed-over-last-decade/?slreturn=20240707142446