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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 malpractice attorney.

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 clicking here.

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