Long Island Medical Malpractice Attorney
What is "Medical Malpractice"
Generally speaking, medical malpractice occurs when a doctor fails to treat
their patient with a reasonably prudent level of care, subsequently resulting
in injury or death. This could range from a careless misdiagnosis to a
fatal surgical mistake, as the possibility for error is endless when a
doctor fails to competently perform their medical duties.
Three Basic Requirements for a Medical Malpractice Claim
If you believe that you have grounds to pursue damages from a negligent
medical professional, it is recommended that you discuss your case with
a Long Island medical malpractice lawyer from The Odierno Law Firm, P.C.
In doing so, you can more accurately determine whether or not you are
entitled to compensation, as each of the following factors must be established
in order to fulfill the requirements for a medical malpractice claim.
#1: Was a doctor-patient relationship actually established?
- The first thing that you must establish when preparing a medical malpractice
claim is that a doctor-patient relationship actually existed between you
and your doctor. If you sought informal advice from a physician, for example,
it may be difficult to prove that they had agreed to treat you—thus
negating their responsibility to provide a medically acceptable level of care.
#2: Did your doctor act in a negligent or unreasonably careless manner?
- When pursuing a medical malpractice claim, your case will hinge upon the
determination of whether or not the doctor had acted negligently. Although
some people assume that they can seek compensation if they are simply
unhappy with their treatment, it is important to understand that your
claim would not be successful without establishing negligence.
#3: Were your injuries caused by your doctor's negligent actions?
- Once you have proven that the doctor had, in fact, acted negligently, you
must then determine whether or not their negligence had caused you to
sustain an injury. If you did suffer any specific damages as a result
of the doctor's negligence, you would not have a reason to pursue
compensation. For this reason, it is recommended that you speak with a lawyer.
Examining the Most Common Types of Medical Malpractice
Medical malpractice can occur under a number of different circumstances;
from a delayed diagnosis to a medication mix up, there are countless ways
that a patient could be wrongfully injured or even killed. For this reason,
it can be difficult to determine whether or not your case actually meets
the legal burden of proof. Fortunately, you can gain a more comprehensive
understanding of this area of the law by consulting a Long Island medical
Some of the most common types of medical malpractice include:
Our Long Island Injury Lawyers Help You Recover
If you or someone you love has been forced to suffer the consequences of
a doctor's negligent actions, it is imperative that you take the time
to discuss your case with a
personal injury lawyer in Long Island from The Odierno Law Firm, P.C. Since all medical malpractice claims are
subject to a statute of limitations in New York—which is typically
upheld at 2 ½ years—you may not have much time left to pursue
the level of compensation that you deserve. To get started today, contact
our firm at (877) 379-5144 for a
free initial consultation.
You can also submit a free case evaluation form online by