Nassau County Medical Malpractice Lawyer

When you put your health in the hands of a medical professional, you trust them to meet the highest standard of care. When that trust is broken — through misdiagnosis, surgical error, or negligence during childbirth — the consequences can shape the rest of your life.

 

Tannenbaum, Bellantone & Silver, P.C. is a Nassau County law firm whose practice is limited to representing seriously injured and sick clients in personal injury, medical malpractice, nursing home, construction, military malpractice, automobile, and premises liability litigation. Our firm has served as trial counsel to many of the most respected firms in the metropolitan area, and we work with recognized doctors, certified industrial hygienists, pharmacologists, life care planners, economists, and accident reconstructionists to maximize the value of every case.

 

If you cannot meet with us at our offices in Lake Success, we will be pleased to meet with you at a convenient location anywhere on Long Island or in New York City.

Meet Our Attorneys

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and that deviation causes a patient harm. Three elements must be present:

  • A violation of the standard of care. Medical professionals are expected to deliver care consistent with what other competent providers would offer in similar circumstances.
  • An injury caused by that violation. A breach of standard alone is not malpractice — there must be a clear negative outcome resulting from the breach.
  • Significant damages. The injury must have produced meaningful harm — physical pain, lost income, lasting disability, or substantial medical bills.

Who Can Be Held Liable?

Medical malpractice liability is based on the laws of negligence and can apply to any licensed healthcare professional, including:

 

  • Physicians
  • Surgeons
  • Psychiatrists
  • Dentists
  • Nurses and Nurse Practitioners
  • Midwives
  • Physician Assistants
  • Allied Health Professionals

 

Liability can also extend to hospitals, urgent care centers, and private practices where the negligence occurred.

Common Medical Malpractice Claims

The misdiagnosis of a medical condition can be the difference between recovery and lasting harm. Not every misdiagnosis is malpractice — to prove that it is, three factors must be present:

  • A doctor-patient relationship existed at the time of the misdiagnosis
  • The misdiagnosis was caused by negligence rising to the required legal standard
  • The negligence caused the patient measurable harm

What should be one of the most meaningful moments in a family’s life can be devastated by medical negligence during pregnancy, labor, or delivery. We pursue claims arising from:

  • Excessive bleeding during birth
  • Placental abnormalities
  • Preeclampsia mismanagement
  • Hemorrhage during pregnancy or labor
  • Errors related to cesarean section operations
  • Birth injuries to the mother or the child

Medication errors are among the most common forms of malpractice and can be more harmful than the underlying condition. Examples include:

  • Administering the wrong medication or dosage
  • Mislabeling medication
  • Prescribing harmful medication given known patient history
  • Failing to warn of significant side effects or interactions

Surgery carries inherent risk. Negligent surgery introduces preventable harm. Common surgical malpractice claims include:

  • Operating on the wrong body part
  • Nerve damage caused by improper technique
  • Unnecessary surgery
  • Post-operative infections caused by negligent practice
  • Surgical instruments left inside the body
  • Internal organ damage

What Qualifies as Medical Malpractice?

 

Beyond the four common categories, malpractice claims can arise from:

 

  • Information withheld from the patient about their condition
  • Failure to diagnose a serious illness
  • Premature discharge from care
  • Improper testing
  • Wrong-site surgery
  • Use of improper or faulty equipment
  • Misreading laboratory results
  • Permanent or severe injury sustained under a provider’s care
  • Injuries to mother or baby during childbirth

 

If any of these describe your experience, you should speak with a Nassau County medical malpractice lawyer.

The Three Elements You Must Prove

To prevail on a medical malpractice claim, the case must establish each of the following:

  • A physician-patient relationship existed. You must show the provider you are suing was treating you in a professional capacity.
  • The provider was negligent. You must show the provider caused harm in a way a competent practitioner would not have.
  • The negligence caused your injury. You must show that the harm came from the provider’s negligence — not from an underlying condition or unrelated cause.
  • The injury produced specific damages. Pain, mental anguish, additional medical bills, or lost earning capacity.

What a Nassau County Medical Malpractice Lawyer Does

 

Medical malpractice cases are unusually complex — they sit at the intersection of medicine and law and often take years to resolve. A qualified attorney’s role goes well beyond filing paperwork. Our work on these cases includes:

 

  • Interviewing clients, conducting investigations, and drafting motions
  • Working with medical experts to develop case theories, prepare reports, and provide testimony
  • Gathering and analyzing medical records and data
  • Arranging independent medical examinations to establish the patient’s condition before and after the negligence
  • Working with legal nurse consultants to review records, identify standard-of-care violations, and interpret physicians’ notes

 

We look for three things in the attorneys representing our clients: legal expertise (the ability to plan and execute a complex multi-year case), medical expertise (the knowledge to identify exactly which rules were broken), and experience (a track record of successfully handling cases like yours). All three are essential.

How We Prove a Nassau County Medical Malpractice Case

 

Proving medical malpractice requires more than identifying that something went wrong. It requires showing — to the legal standard — that a competent provider would have acted differently and that the difference caused your harm.

 

The first and most important step is to hire an attorney. From there, we move quickly to preserve evidence, secure independent medical evaluations, and consult with the appropriate experts. The damages from malpractice often extend years into the future — additional surgeries, ongoing therapy, lost earning capacity — and a thorough case includes economists and life care planners who can quantify those future costs.

Steps to Begin Your Medical Malpractice Case

 

If you believe you or a loved one has been the victim of medical malpractice, the following steps protect both your health and your legal options:

Understanding what happened from their perspective can sometimes resolve the issue without litigation.

Especially important when patient safety remains at risk.

In New York, most medical malpractice claims must be filed within 2 years and 6 months of the date of negligence — or from the end of continuous treatment.

A second opinion is often essential evidence.

Questions to Ask Any Medical Malpractice Lawyer

 

Before retaining counsel, consider asking:

  • How long have you practiced medical malpractice law?
  • What is the extent of your medical knowledge in the area relevant to my case?
  • How many medical malpractice cases have you handled, and how many have you taken to trial?
  • Does my case face a statute of limitations deadline?
  • Which factors will work in favor of my case, and which against it?
  • Who specifically will be handling my case?
  • What expenses will I be responsible for if we do not recover?

Working With Tannenbaum, Bellantone & Silver

 

The burden of proof in a medical malpractice case rests on you — and meeting it requires significant resources and expertise. Our team has decades of experience in medical malpractice law and works on a contingency fee basis: no recovery, no fee.

If you have been harmed by the negligence of a doctor, nurse, or healthcare facility in Nassau County, contact us for a free consultation. One of our attorneys will respond promptly to your inquiry.