Injured Due to Medical Malpractice?

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.

Submit an online form today by clicking here.

We Have Recovered OVER 100 MILLION DOLLARS

  • $1.2 Million Dollar Settlement

    Facts: Plaintiff was driving his motor vehicle straight when defendant, who was legally drunk, crossed over a divider and struck the plaintiff's car head on. Plaintiff was the only occupant in the car and died instantly. Plaintiff had dependent wife and teenage son.

  • $1.6 Million Dollar Settlement

    Plaintiff is a 50 year old man who was doing repair work on a residential residence in Suffolk County. He was on a ladder when several bricks in the patio supporting the ladder gave way causing him to fall to the ground. The homeowner was negligent due to the improper construction and maintenance of the brick patio. Plaintiff suffered injuries to his pelvis, back, neck and legs and is disabled from future work.

  • $175,000 UM Arbitration

    Plaintiff is a 65 year old man who was injured when walking to his car parked on the street in front of a house he was visiting. Plaintiff was struck and knocked to the ground by an unidentified driver. Plaintiff reported the accident to the police and sought evaluation at the hospital. Plaintiff did not treat for one month after the accident as he was suffering from unrelated physical ailments. When plaintiff did seek treatment it was determined he suffered a torn ligament in his hip. Plaintiff’s doctor opined that the only remedy was surgery and plaintiff was not a candidate because of his COPD. Defendant contested the validity of the occurrence as well as the causation of the injury. Defendant cited the plaintiff’s previous injuries and accidents claiming his hip injury was a consequence of prior falls as well related to his history of arthritis.

  • $200,000 Mediated Settlement

    Plaintiff was a 26 year old male who died during a house fire occurring in Suffolk County. The defendant, who is the owner of the house admitted that she could not credibly testify the smoke detectors were operational as they were not checked regularly. Defendant home owner also admitted that the batteries used in the smoke detectors were never changed to her knowledge. Counsel for the defendant alleged that the plaintiff engaged in culpable conduct in the origin and subsequent spreading of the fire. Counsel also attempted to limit damages by emphasizing plaintiff did not have any dependents.

  • $250,000 Mediated Settlement

    Facts: Plaintiff is a 32 year old woman who was driving her motor vehicle and stopped at a red light when her car was struck in the rear by another motor vehicle. Plaintiff suffered horizontal tears of the anterior horns of the medial and lateral menisci of the right knee with traumatic chondromalacia. Plaintiff's injuries necessitated multiple injections to her right knee as well as two arthroscopic surgeries.

    Plaintiff's surgeon opined that a total knee replacement is a possibility as plaintiff ages because her injuries will exacerbate the normal degenerative changes. Defendant argued that Plaintiff made a full recovery as she was able to return to work without limiting the scope of her duties.

  • $250,000 Mediated Settlement

    Plaintiff is a 54 year old woman who was exiting her motor vehicle when she slipped and fell on ice and snow in defendant's parking lot. Plaintiff sustained a fracture of her left ankle requiring surgery. Defendant claimed that they plowed, sanded and salted the parking in a reasonable manner and furthermore plaintiff did not suffer any residual limitations from the injury and resulting surgery.

  • $250,000 Settlement During Trial

    Facts: Plaintiff is a 62 year old male who experienced car trouble on a busy highway at 9:00 p.m. He proceeded to pull off to the side of the roadway and open the hood. As he was standing in front of his car working under the hood the defendant was driving his motor vehicle and did not see plaintiff's car.

    Defendant struck the plaintiff's stopped car in the rear causing plaintiff to be catapulted ten feet into the air. Plaintiff landed on the roadway and suffered a severely herniated disc at L4-L5 requiring him to wear a hard back brace at all times. Defendant claims plaintiff was responsible for the accident as plaintiff did not maintain any lights or warning that his car was stopped and encroaching into a traffic lane.

  • $295,000 Mediated Settlement

    Facts: Plaintiff is a 43 year old women who was driving her motor vehicle which was struck in the rear by another car. Plaintiff suffered thoracic and lumbar herniated discs requiring a posterolateral spinal fusion at T11 – L2, segmental pedicle fixation at T11-L2 and an iliac crest bone graft. Defendant conceded liability but claimed the injury was degenerative as there was no visible damage to the motor vehicle plaintiff was operating.

  • $300,000 Settlement During Trial

    Facts: The plaintiff is a 38 year old male who was stopped in traffic when his vehicle was struck in the rear by another car. Plaintiff was awarded summary judgment on liability and the matter proceeded to trial on damages. The plaintiff suffered a lumbar herniated disc requiring a fusion and laminectomy.

    Defendant claimed that the plaintiff's injury was not related to the accident as he suffers from severe Ehlers Danlos syndrome. Defendant also obtained surveillance footage of plaintiff working at a construction site carrying various heavy objects. Case settled after jury selection and before opening statements.

  • $350,000 Trial Verdict

    Facts: Plaintiff is a 33 year old male driving his motorcycle straight when the defendant attempted to make a right turn and struck the side of plaintiff's motorcycle. Defendant claimed he followed a turn arrow and that the plaintiff rode through a steady red light. Defendant also claimed that according to plaintiff's own doctors he made an excellent recovery and suffered no restrictions.

    Plaintiff suffered a fracture of his right tibia and fibula requiring surgery. Defendant was found to be 100% liable at trial and offered a $100,000 settlement. Plaintiff refused the offer and obtained a jury verdict.

WHAT OUR CLIENTS ARE SAYING ABOUT US

  • I cannot say enough about the Odierno Law Firm! Everyone I worked with truly went out of their way

    “I cannot say enough about the Odierno Law Firm! Everyone I worked with truly went out of their way to explain the legal process, make me feel at ease, and explain each step thoroughly in language I could easily understand. I have no doubt that choosing Odierno was the best decision I could have made! Thank you to Scott, Russell, Stephanie, Maria, Kim and the entire office for all of your efforts on my behalf.”

    C.D.

  • I have foond their efforts to excel beyond that of other firms.

    “I have had the privilege of working with the Odierno law firm in excess of 15 years. I have fond there efforts to excel beyond that of other firms. They seem to always be available for not only client questions but questions regarding my practice as well. I highly recommend this firm. ”

    A.C.

  • They checked up on me every week until my case was settled and I still hear from them from time to time.

    “They represented me in a car accident that I was in and they made sure that they did everything possible to make me comfortable. They checked up on me every week until my case was settled and I still hear from them from time to time. I definitely would recommend them to people.”

    N.J.

  • The Odierno Law Firm is the most professional law office I have ever dealt with.

    “The Odierno Law Firm is the most professional law office I have ever dealt with. All calls are returned in a timely manner. The attorneys are very knowledgeable. And I would highly recommend this Law Firm to anyone who is looking for complete professionalism.”

    M.D.

  • This firm goes above and beyond to make its clients feel like family and I am happy that I chose them to represent me.

    “I highly recommend The Odierno Law Firm if you've been injured. When the insurance companies were reluctant to settle my case for a fair amount, my attorney fought for me and recovered the full policy. The staff was well-informed and always returned my calls. There was always someone available to answer my questions whether it was an attorney or a paralegal - I always got answers. Even though my case settled, I still receive cards in the mail every year for my birthday and the holiday season. This firm goes above and beyond to make its clients feel like family and I am happy that I chose them to represent me.”

    C.D.

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