At Shaevitz & Shaevitz, we handle various types of personal injury cases, including medical malpractice. If you have been injured due to your doctor’s failure to provide the standard of care, you may be entitled to compensation. Our experienced legal team based in Queens, NY, is fully equipped to advocate for you and protect your interests. We provide expert legal guidance and representation in court or settlements, working to secure the justice you deserve. With over 65 years of experience, Shaevitz & Shaevitz has helped clients recover over $500 million in verdicts and settlements. If you’re facing a medical malpractice case in Queens, NY, trust our dedicated team to fight for the compensation you deserve.
What Is Medical Malpractice?
Cornell Law School defines malpractice as professional negligence. As professionals, doctors need to be held to a standard of care generally accepted by everyone in their profession. The standard of care refers to the quality of treatment that a reasonably skilled provider in the same medical community and with similar experience would offer in comparable situations. Failing to meet this standard constitutes malpractice.
For an incident to qualify as medical malpractice, it typically needs to meet certain criteria:
- A violation of the standard of care
- An injury caused by the negligence or error
- Significant damages resulting from the injury
Before any procedure, doctors require you to sign a form stating that you understand your diagnosis, proposed treatment, and the potential risks. This is called informed consent. The doctor explains various aspects of your treatment, including the side effects or negative outcomes that could occur as a result of the procedure. This conversation is an opportunity to gain a crucial understanding of your treatment and to ask questions. You then sign a consent form.
However, it is important to note that signing that form does not absolve the doctor of negligence. If we prove your doctor did not meet the standard of care, you may be entitled to compensation for any negligence they demonstrated before, during, or after your procedure.
Examples of Medical Malpractice
For a case to be considered medical malpractice, there must be significant injury or damage to your person as a direct result of your doctor’s negligence, errors, or failure to follow standard protocols. Problems like a late or wrong diagnosis can lead to substantial health issues that the doctor should have caught earlier. Medical malpractice could be an error during surgery, like making an incision in the wrong place or leaving a tool in your body after stitching you back up. Even birth injuries could be considered medical malpractice.
If you believe you have a medical malpractice case, it’s crucial to consult experienced lawyers like Shaevitz & Shaevitz as soon as possible. Our team can evaluate your situation, guide you through the legal process, and help protect your rights.
How To Pursue Legal Action
The first step in pursuing legal action is to contact an experienced attorney. After medical malpractice occurs in Queens, reaching out to Shaevitz & Shaevitz can help ensure you get the justice and fair compensation you deserve.
Please keep in mind that in the state of New York, we have two and a half years to file your claim when dealing with a private doctor, though there are some exceptions and variations. For a doctor employed by the city, we have only 90 days to file a claim. With strict deadlines in place, it’s important that you act quickly by securing legal representation.
To secure compensation, we must establish four key elements. First, there must be a doctor-patient relationship, which establishes the doctor’s duty of care. Second, your lawyer will demonstrate a breach of the standard of care—typically shown through expert testimony that compares the doctor’s actions to what a reasonably competent medical professional would have done in similar circumstances. Third, we’ll show that the breach of the standard of care directly caused your injury or harm. Finally, we’ll quantify the damages resulting from the malpractice, such as medical bills, lost wages, or pain and suffering.
An experienced attorney can achieve this through expert testimony, thorough evidence collection, and strategic negotiation. At Shaevitz & Shaevitz, our skilled legal team is equipped to provide guidance and represent you both in and out of court. In fact, most medical malpractice cases are resolved through settlements, where we’ll negotiate on your behalf, saving you time and money.
Your goal should be healing, so let the experienced team at Shaevitz & Shaevitz handle the rest for you!
We Stand With You After Medical Malpractice in Queens
At Shaevitz & Shaevitz, we understand the impact medical malpractice can have on your life. With decades of experience and a proven track record, our dedicated team in Queens is committed to fighting for the justice and compensation you deserve. From understanding your case to building a strong claim through expert testimony and evidence, we’ll work tirelessly on your behalf.
If you’ve been affected by medical malpractice, don’t navigate this journey alone. Reach out to Shaevitz & Shaevitz for compassionate, experienced support. Schedule your free consultation today and take the first step toward reclaiming control and securing your future.
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