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Medical Malpractice FAQ

Answers from a Malpractice Attorney in Long Island, NY

For those who have suffered due to the negligence of a health care provider, they may have questions regarding whether or not they have a medical malpractice case.

To succeed in a medical malpractice case, there are basic elements which have to be proven. There must be proof of malpractice, or a “departure or deviation from standards of care.” Proving malpractice usually requires an expert, a doctor in the same field, for instance, to support the case, and if needed, to testify that there was malpractice. Doctors must tell the truth, and will only support a case when there is real evidence of malpractice. We have worked with doctors in virtually very field of medicine to support malpractice cases. There also must be proof of damages, or injuries, that resulted from the malpractice. This is called proof of causation and damages.

If you have questions, ask an attorney from our office now!

Here are some common questions we receive:

Is misdiagnosis considered to be malpractice?

Misdiagnosis may be malpractice. A doctor is required to use reasonable efforts to diagnosis a condition. Misdiagnosis occurs when a doctor fails to accurately diagnose a condition that a patient was suffering from. Sometimes, this can happen even when a doctor uses reasonable efforts because some conditions are difficult to diagnose. Other times, misdiagnosis occurs because of malpractice. In cases like cancer, meningitis, and heart attacks, a misdiagnosis can be fatal. Immediate treatment may be necessary in order to have any chance of stopping the disease or condition. A misdiagnosis may result in the condition not being treated, or being treated in a manner which could actually make the illness worse. (read more ...)

What is a Certificate of Merit?

In New York, before a medical malpractice lawsuit is filed with the court, it is first required that the attorney secure a certificate of merit. As there are so many people seeking to file medical malpractice lawsuits, they have to manage the number of cases that are brought before the court. By having a medical expert approve that there is a valid claim, this ensures the court is not wasting their time.  (read more ...)

What rights do I waive after signing a consent form?

When you are asked to sign a medical consent form before a procedure, it is important to remember that you are not signing away all of your rights. A consent form gives the doctor limited authority in order to give a specific treatment to an individual for a specific illness. If they act outside of their rights or they act negligently or fail to treat you in accordance with the standard of care, you still have the right to sue them. Although all types of medical procedures involve a certain degree of risk, it does not mean that malpractice is excused. (read more ...)

Do I have a failure to diagnose case?

If you went to a medical professional in order to find the reason for a certain set of symptoms, you expect them to do whatever is necessary in order to correctly diagnose what the condition is. However, if they reasonably should have been able to diagnose the condition but failed to do so, they could be guilty of medical malpractice. Not only will your condition not be treated, but if were you misdiagnosed, the treatment you receive could make your illness worse. (read more ...)

What do I need to prove to have a case?

If you suspect that you may have been the victim of medical malpractice, you may have questions regarding how to prove if you have a case. This is something you must speak to the lawyer about, but cases require proof of malpractice, causation and injuries. Your medical records, your testimony, and the testimony of the doctors and experts are all important parts of the proof. (read more ...)

Is wrongful death covered in medical malpractice?

If you suspect that you may have been the victim of medical malpractice, you may have questions regarding how to prove if you have a case. This is something you must speak to the lawyer about, but cases require proof of malpractice, causation and injuries. Your medical records, your testimony, and the testimony of the doctors and experts are all important parts of the proof. (read more ...)

What is the Statute of Limitations in New York?

This is a very complex question which must be discussed with the attorney. There are many rules which apply to many different situations. Statutes of limitations are harsh, and generally inflexible, and if the case is not filed in time, it will be forever lost. So don’t delay. If you think you may have a case, speak with an attorney today. (read more ...)

Do birth injuries constitute a malpractice case?

Was your child harmed because of medical negligence? If so, you could have a case. The time surrounding the birth of a child is supposed to be a joyous time and an injury can quickly turn it into a tragedy. If your child sustained cerebral palsy, brain damage, or a brachial plexus injury, allow our team to evaluate your case and seek to protect your rights and the rights of your child. (read more ...)

Can I sue for medication errors?

With the number of prescriptions being filled growing in the U.S., so is the number of medication errors and pharmacy errors. You should not have to suffer because you were given the wrong medication or were given the wrong instructions on the dosage. Not only could your condition become worse, but the medication could prove to be damaging when you did not need it. Click here to read more about if you can sue for medication errors. (read more ...)

How much will a malpractice case cost?

When attempting to determine whether or not to file a medical malpractice lawsuit, understanding how much it may cost you may be a deciding factor. Our team understands that a lawsuit can place an unnecessary burden on families, so we do not charge any fees unless we are able to win your case. How can I win a med mal Lawsuit? Learn about tips for winning your medical malpractice lawsuit! The success of winning your case will greatly depend on who you have representing you, however, there are other steps you can take by which you can increase your likelihood of receiving the compensation you deserve. (read more ...)

How do I get started filing a claim?

If you have been the victim of medical malpractice, it can be confusing to know where to start. Once it can be established that the legal criteria for a medical malpractice case have been met, a medical doctor will be consulted to verify there was malpractice. Following this, the injured party will be able to file the lawsuit and notify the hospital or doctor of their intentions. (read more ...)

Does a claim have to involve a trial?

If you were injured because of medical malpractice, you may be wondering whether or not you will have to go through a court trial in order to receive the compensation you need. In many cases, the answer is no: you can settle the issue outside of court. Some cases need to be tried, and the defense must know that you hired an attorney who is ready, willing and able to go to court to try the case if you are to receive the maximum compensation. Our firm has a proven track record, and is well known to all the defense firms and insurance companies for the doctors and hospitals.

How much is a claim worth?

If you were the victim of medical malpractice and have questions regarding how much you may be entitled to, please contact our team. You could be awarded based on economic and non-economic damages based on the seriousness of your case. From lost income to past medical expenses to future medical expenses, do not wait to get the compensation you deserve. Call our office to learn more. (read more ...)

What is subrogation?

If your healthcare insurance company provided you with compensation, but it later turned out to be caused by medical malpractice, they have the right to receive this compensation back. It is your responsibility to ensure that you pay back your insurance provider if you were awarded a verdict or secured a settlement for the same injury. (read more ...)

What is comparative negligence?

When preparing your case with your legal representative, it is important to remember that New York is a comparative negligence state. This means that if you, as a patient, was shown to be partially at fault for the injury, the percentage of fault assessed to you can be taken out of your possible award. (read more ...)

What is informed consent?

Before performing a certain test or procedure, doctors are required to secure consent from their patient. Getting the patient to sign a form, however, is not enough. The doctor must first inform the patient of the risks which go along with the procedure and make them aware of all the information they need to have in order to make an informed decision. (read more ...)

What is the standard of care?

In a doctor-patient relationship, the doctor owes the patient a duty of care. If they fail in any way to act according to the generally accepted standard of care, they could be found guilty of medical malpractice. Their treatment of the patient will be compared to what a doctor is supposed to do in a particular situation – for instance, if a child has a fever, they should measure the temperature, and if a man has chest pain, they should do an EKG. Doctors are not required to be perfect, they are required to provide care in accordance with the standard of care. (read more ...)

What is preponderance of evidence?

Preponderance of evidence means that either the plaintiff or the defendant has the most evidence on their side. It does not mean that the jury has to be 100% sure, it just means that they have to be more sure than not, even if only 51%. Talk to our team to learn more. (read more ...)

Learn More About Our Verdicts and Settlements
  • $47 Million Dollar Verdict in Brooklyn Case for a Brain Injured Baby;
  • $8 Million Dollars Settlement Value in Nassau County Case for Brain Damaged Baby;
  • $5 Million Dollar Settlement in Queens Case for Woman injured by a truck;
  • $4.4 Million Dollar Settlement in Bronx Case for Woman with a Stroke;
  • $4 Million Dollar Settlement in Bronx Case for baby with cerebral palsy from medical Malpractice;
  • $4 Million Dollar Settlement in Bronx Case for Baby brain damages in Hospital;
  • $2.75 Million Dollar Settlement in Brooklyn Case involving a fire from a product defect;
  • $2.6 Million Dollar Verdict in New York City Case for a Man Dying from a Heart Attack;
  • $2.5 Million Dollar Settlement in Brooklyn Case for baby brain damages at birth;
  • $2 Million Dollar Settlement in an Orange County Case for a baby brain damaged at birth;
  • $1.8 Million Dollar Settlement after Verdict in Westchester County Case involving a truck accident;

The Law Offices of Joseph M. Lichtenstein, PC represents injured victims or families that have lost a loved one in all types of claims resulting from medical negligence.

New York City Medical Malpractice Lawyers - 60+ Years Experience!

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With Offices Located In The Following NYC Metro Areas:

White Plains

50 Main Street
Suite 1000
White Plains NY 10606
Phone: (888) 392-3104
Mobile: (516) 547-5978

Manhattan

77 Water Street
8th Floor
New York NY 10005
Phone: (646) 722-4329
Mobile: (516) 547-5978

Bronx

4575 White Plains Road
Bronx NY  10470
Phone: (718) 324-0200
Mobile: (516) 547-5978

Brooklyn

496 Clarkson Avenue
Brooklyn NY  11203
Phone: (718) 324-0200
Mobile: (516) 547-5978

Long Island

131 Mineola Boulevard Mineola NY  11501 Phone: (516) 873-6300 Mobile: (516) 547-5978