Nassau County NY Medical Malpractice Lawyer

Medical malpractice lawsuits in New York City are often among the most intricate personal injury claims. Many individuals find the prospect of taking legal action against a doctor, hospital, or large insurance company daunting. This apprehension primarily stems from the formidable legal teams that hospitals and insurance companies possess, making medical malpractice claims challenging to confront.

At Hill & Moin LLP, our team of legal experts boasts decades of experience in navigating these intricate claims and addressing the intricacies associated with filing and prosecuting such cases. Our Nassau County medical malpractice attorneys have successfully secured millions of dollars in settlements and verdicts on behalf of their clients.

If you or a loved one suspects medical malpractice, contact one of our New York malpractice attorneys at Hill & Moin LLP for a no-risk-free case evaluation.

Who Can You Sue For Medical Malpractice in Nassau County

When pursuing a medical malpractice lawsuit in Nassau County, the range of potential defendants is diverse, including individual healthcare providers and healthcare institutions. Potential defendants can be:

Professionals such as:

• Doctors
• Nurses
• Dentists
• Anesthesiologists
• Chiropractors
• Pharmacists

Or entities, like:

• Hospitals
• Clinics
• Pharmacies
• Pharmaceutical companies
• Medical device companies
• Testing labs

In cases where multiple parties contribute to an injury, contributory negligence laws provide the opportunity to file a claim against healthcare professionals partially liable for damages.

The complexity of determining liability in medical malpractice cases is substantial. It demands a thorough understanding of the case’s medical nuances, including protocols, diagnoses, procedures, and accepted standards of care. Identifying errors or lapses in care involves a detailed analysis, as different defendants may bear responsibility for distinct aspects of malpractice. Legal and financial evaluations of involved parties are essential to avoid pursuing financially unsound defendants.

Medical practitioners and their malpractice insurance

Medical professionals often carry malpractice insurance to safeguard against potential lawsuits arising from errors or negligence in patient care. This insurance provides financial protection for both the practitioner and the patient, ensuring compensation for damages in the event of medical malpractice. It serves as a crucial risk management tool in the healthcare industry, promoting accountability and facilitating the resolution of legal claims while upholding the standard of patient care.

How Do You Sue a Healthcare Provider for Medical Malpractice

The whole process starts with filing a claim. But even before filing a claim, there are several steps to take to build a solid case. For example, you and your legal professional will need to gather compelling evidence, such as medical records, photographs, witness statements, and expert opinions, demonstrating the healthcare provider’s negligence and its direct impact on your injuries.

Several factors must be considered when proving whether or not a patient has grounds for a medical malpractice claim in Nassau County. These are:

• Duty of care – the obligation of healthcare professionals to provide a standard level of care to their patients;
• Breach of duty – occurs when healthcare providers fail to meet the established standard of care, deviating from accepted medical practices;
• Causation – establishing a direct link between the breach of duty and the patient’s injuries, demonstrating that negligence was the cause;
• Damages – refers to the measurable harm or injuries suffered by the patient as a result of the healthcare provider’s breach of duty.

The statute of limitations for filing a medical malpractice claim must also be taken into account. The New York medical malpractice laws state that the timeframe within which a medical malpractice suit must be filed is 2.5 years, with several exceptions. Missing this deadline jeopardizes your right to pursue legal action, making it essential to comprehend and adhere to these limitations.

The legal process of a medical malpractice lawsuit

The timeline of a medical negligence suit usually fits the following timeline:

Consultation and independent investigation. Initiate the process by consulting a reputable medical malpractice attorney. During the initial consultation, your attorney will delve into the details of the medical negligence leading to your injury, its financial impact, and the emotional toll endured. An independent investigation follows, aiming to gather evidence supporting the claim’s validity. This crucial stage may span weeks or months, evaluating if the case is viable for court.

Complaint filing and service. Upon confirming malpractice, proceed by filing a lawsuit, known as a complaint, outlining your allegations against the defendant. Simultaneously, a summons is filed, mandating the defendant’s court appearance. In New York, a certificate of merit, attesting thorough case evaluation by your medical malpractice attorney, is typically required.

3. Discovery and gathering evidence. Both parties engage in discovery, requesting and receiving evidence intended for court use. The comprehensive nature of medical malpractice evidence extends the discovery period. Medical exams, affidavits, and depositions may be required, with potential legal measures to enforce cooperation, further lengthening this phase.

Settlement negotiations and resolution. Settlement negotiations often precede trial, with your attorney sending a demand letter outlining compensation expectations. If an agreement is reached, a settlement releases the defendant from further liability. In the absence of consensus, the case proceeds to litigation.

Trial presentation. At trial, both sides present evidence before a judge and jury. Trial duration is influenced by the volume of evidence. Establishing medical negligence, proving defendant liability, and demonstrating compensable losses are central trial objectives, encompassing financial aspects (medical costs) and non-financial elements (pain and suffering).

Settlement finalization. Concluding the process involves either finalizing a settlement agreement or awaiting trial adjudication. Successful settlements result in a signed agreement, providing resolution and releasing the defendant from future liability. If trial adjudication is necessary, the court determines the case outcome based on presented evidence and legal arguments.

Average Medical Malpractice Settlement Amounts in Nassau County

Medical malpractice settlements aim to compensate victims for the damages they have endured due to healthcare provider negligence. Damages typically fall into two categories: economic and non-economic. Economic damages encompass quantifiable losses like medical expenses and lost wages, while non-economic damages include intangible losses such as pain and suffering or emotional distress.

Recent analyses of historical medical malpractice claim data reveal intriguing trends. While claim frequency has been on a downward trajectory, the severity of claims is rising. In the most recent reporting year, the average New York medical malpractice payment reached $337,072. Over the span of 2010 to 2019, New York witnessed close to $7 billion in medical malpractice payouts, positioning the state as the nation’s leader in such compensation amounts.

Factors influencing settlement value

Several factors can significantly influence the value of a medical malpractice settlement:

• Nature and extent of injuries: The severity and long-term impact of the injuries play a crucial role in determining settlement value.
• Clear evidence of negligence: Strong, irrefutable evidence proving healthcare provider negligence strengthens the plaintiff’s position during settlement negotiations.
• Expert testimonies: The use of credible medical experts to testify about the breach of the standard of care and its consequences bolsters the case’s value.
• Economic losses: The quantifiable economic losses, including medical bills, rehabilitation costs, and lost income, contribute to the overall settlement amount.
• Non-economic damages: Intangible losses such as pain, suffering, and emotional distress are subjective but play a pivotal role in settlement calculations.
• Insurance policy limits: The maximum coverage limits of the healthcare provider’s insurance policy can cap the settlement amount.

Of course, legal teams play a crucial role, as well, in determining the final settlements in medical malpractice suits. With a skilled team of medical negligence lawyers on your side, you have significantly higher chances of scoring a settlement closer to the maximum amount possible. But when it comes to medical malpractice lawsuits, the fact that healthcare providers have highly experienced legal teams and courts almost always tend to lean in their favor, should not be disregarded.

The Role of a Medical Malpractice Attorney in Your Case

Upon confirming a medical malpractice case in New York City, it’s likely that numerous questions will arise, requiring the expertise of a dedicated medical malpractice lawyer. These lawsuits present heightened complexity compared to other personal injury cases, necessitating the specialized skills of an attorney well-versed in both legal and medical intricacies.

Our team, equipped with profound knowledge of medical malpractice, is poised to support your case and secure victory by:

• Assessing all information to determine the validity of your claim.
• Collecting relevant evidence and medical information, including case theories, expert reports, and testimonies.
• Conducting depositions with medical experts, personnel, and involved parties.
• Organizing independent medical examinations (IMEs) for an impartial evaluation of the injured party’s condition.
• Appraising the value of your claim.
• Identifying liable parties.
• Clarifying your legal rights and presenting viable options for progression.
• Handling and filing all paperwork in accordance with the intricate rules and procedures mandated by the court or state.

Contact Our Nassau County Medical Malpractice Lawyers Today!

At Hill & Moin LLP, our medical malpractice attorneys have your best interests at heart. When you choose us, it’s like “having a lawyer in the family”. If you suspect that you or a loved one has experienced neglect from a healthcare provider in New York, consult with our experienced Nassau County personal injury attorneys. We are dedicated to safeguarding your legal rights.

Throughout every stage of your case, we are committed to not only meeting but surpassing your expectations. Our objective is to take decisive action with the ultimate aim of securing a favorable outcome for you. It is your entitlement to seek compensation for injuries resulting from others’ negligence. Also, we handle medical malpractice cases on a contingency fee basis. In other words, if we don’t secure compensation for you, you owe us nothing.

Contact our personal injury law firm today at (212) 668-6000 to connect with a knowledgeable medical malpractice lawyer and learn about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!