Medical Malpractice lawyer New Hyde Park
Tannenbaum, Bellantone & Silver P.C. is a law firm that limits its practice to the representation of injured and sick clients in personal injury, medical malpractice, nursing home, construction accident, military malpractice, automobile accidents, and premise liability litigation. Our firm is trial counsel to many well known and respected firms throughout the metropolitan area. We have a long and successful track record in our areas of practice.
We work with recognized doctors, certified industrial hygienists, pharmacologists, physical therapists, economists, vocational specialists, life care planners, accident reconstructionists, and other experts to maximize the value of your case.
To better serve the needs of our clients and to assure proper attention to every case, we limit our practice to the representation of seriously injured people. If you are unable to meet with us at our offices, we will be pleased to meet with you at a convenient location. Please feel free to contact us to obtain an evaluation of your case. One of our attorneys will promptly respond to your inquiry.
MEET OUR ATTORNEYS:
Contact Our Medical Malpractice Lawyer New Hyde Park
About Medical Malpractice
Military malpractice is essentially the same as any other form of medical malpractice. It can take place when a member of the military, active or veteran status, is suffering from or has suffered from trauma due to the negligence of a treating physician.
The negligence that has taken place can lead to worsening conditions, and in some cases, even death. If this happens to you, don’t let your case be overlooked, our team specializes in malpractice law and can help assure that proper justice is served.
Who is able to sue for military malpractice?
In the past, if you were an active service member at the time of your incident, you were not eligible to sue. However, thanks to a law that was signed into effect in December of 2019, those who can sue for medical malpractice now includes:
- Activity duty military service members.
- Next of kin of active duty military service members.
- Veterans if they were injured in a VA hospital or another federal care facility.
Retired military personnel.
Limitations to keep in mind:
- Active members cannot sue for medical malpractice if it took place in a combat zone.
- Medical malpractice cases cannot take place in federal court.
- Those who have been affected by medical malpractice before 2017 are currently unable
to receive any damages.
If you believe you’ve been affected by a medical malpractice case, working with the expert attorneys that comprise our team at Tannenbaum, Bellantone & Silver P.C. will provide you with the best chance of reaching a favorable outcome. Our team is well versed in what goes into crafting a successful military malpractice case and will utilize our knowledge to help all clients that are interested in our services.
What Are The Types Of Damages For Medical Malpractice?
Tannenbaum, Bellantone, and Silver, P.C is a law firm representing clients who have been injured or sick due to personal injury, nursing home, construction accident, military malpractice, and medical malpractice. Our firm has several Medical Malpractice Lawyer New Hyde Park that can help you or a loved one deal with the damages in medical malpractices. We use several experts from pharmacology, physical therapy, and many other specialists who can assist in maximizing the number of damages recovered. Our attorneys, Steven B. Tannenbaum and Gregory D. Bellantone, are here to help you and your family receive the justice you deserve and guide you every step of the way.
What is Medical Malpractice?
Medical malpractice is when a healthcare professional fails to provide the proper treatment for the patient, doesn’t take the correct action in helping the patient, and gives below standard treatment and care that can cause the patient harm, injury, or death. Another word for medical malpractice is a medical error. This could be from an incorrect diagnosis, treatment, prescription or dosage, or aftercare. Many factors need to be met for something to be considered medical malpractice.
- The standard of care was not met – The law requires that all healthcare professionals meet the proper care standard when treating a patient.
- Negligence caused an injury – It needs to be proven that the injury occurred due to negligence from the provider and that if there was no negligence, the injury would have never happened.
- Serious consequences occurred from the injury – the client claiming medical malpractice must prove that a considerable amount of damage occurred due to the professional’s negligence.
Tannenbaum, Bellatone, & Silver, P.C. has several Medical Malpractice Lawyer New Hyde Park that can help defend your case.
Consent
In many circumstances, medical malpractice cases can occur when the doctor or medical professional did not get informed consent from the patient. If the patient does not provide informed consent to the doctor before the procedure and there is harm or injury that occurs, the doctor is held liable for any damages that have ensued.
For example, if a doctor is doing a procedure on a patient where there is a 30% chance or more the patient could lose a limb and fails to inform the patient of this, the doctor is liable if the patient loses a limb even if the procedure was completed correctly. The reasoning for this is because if the patient was aware of this risk, he or she could have potentially opted out of the procedure.
What Does a Medical Malpractice Lawyer Do?
When we see a doctor or go to a hospital for help, we put our faith in them to understand what we are going through and help us in the best ways. However, unfortunately, there are times where medical professionals do not work at the level that is expected of them. When this occurs through the medical professionals’ negligence, it can be considered a case of medical malpractice. If you think you have suffered at the hands of medical malpractice, reach out to us at Tannenbaum, Bellantone, & Silver P.C. for expert medical malpractice Lawyer New Hyde Park that can help you!
Medical Malpractice
Medical malpractice is a term that refers to when a healthcare professional causes an injury to their patients through negligent care or omissions. This definition is pretty broad, and it can be confusing when medical malpractice actually applies to a case. To be considered a medical malpractice case, some conditions need to be met, such as:
- A violation of what is considered standard practice – standard practice refers to what is considered as an acceptable medical treatment by health care professionals in similar situations. A healthcare professional is expected to deliver care that is consistent with what is considered standard practice.
- The violation caused an injury – even if your doctor violates standard practice, it isn’t a case of malpractice unless an injury or complication occurs. There needs to be a clear negative effect occurring from the violation to be medical malpractice.
- The injury caused was significant- pursuing a case of medical malpractice can be time-consuming and expensive. To make your case of medical malpractice reasonable to pursue, you have to prove that the injuries you received are significant.
During a case of medical malpractice, you will need to prove the violation of standard care and the resulting injuries. For this, it is useful to have medical professionals who can give their experience and testimonies. To get help from medical professionals and medical malpractice Lawyer New Hyde Park, reach out to us at Tannenbaum, Bellantone, & Silver, P.C., and see what we can do for you!
Medical Malpractice Lawyers
Medical malpractice attorneys represent and work on behalf of patients or surviving members of the patient. They work with patients to sue medical practitioners, whether a doctor or a hospital or a medical facility. Because a case of medical malpractice can stem from a large plethora of cases and medical fields, your medical malpractice lawyer will need a wide range of knowledge and experience in all kinds of medical malpractice fields to help you. Medical malpractice cases arise from surgery complications, medical misdiagnosis, unreasonable decisions, and delays in treatments, birthing traumas, and many other situations.
Medical malpractice lawyers work day today in a way similar way most civil litigators do. Civil litigators work in cases where there are usually no criminal charges, and in that sense, a medical malpractice lawyer is a specified civil litigator. Some of their day to day work would include :
- Interviewing clients, conducting investigations, and drafting motions
- Work with medical experts to develop theories, create reports, and make testimonies
- Gather and analyze medical data and records
- Setting up and retrieving independent medical examinations to get second opinions on the patient’s conditions and situations before and after the case.
- Work with legal nurse consultants to analyze case merits, review medical records, and work through doctor’s notes.
Additionally, because medical malpractice cases can be very in-depth and specific to one facet of medical health care, medical malpractice lawyers can also be specified and manage medical malpractice cases in specific fields of health care. Here at Tannenbaum, Bellantone, & Silver P.C., we have medical malpractice Lawyer New Hyde Park, experienced in many different medical fields that can help you through your medical malpractice case.
Contact Our Medical Malpractice Lawyer New Hyde Park
If you are filing a case for medical malpractice, you would want an experienced lawyer that can help you. Some areas of Expertise you would want from your medical malpractice lawyer include:
- Legal Expertise– a medical malpractice case can have many unique legal issues and can take years to fully resolve. A good lawyer can plan a case trial through all this time and understand the many issues that can occur during your case.
- Medical Expertise– your lawyer should understand the medical profession well enough to look at a client’s case and distinguish what rules were broken and what case could be made for medical malpractice.
- Experience– you should seek out a lawyer who has worked through a medical malpractice case before and understands how difficult a medical malpractice case could be and what is needed to work through one.
If you are looking for someone to help you that fits all these requirements, reach out to us at Tannenbaum, Bellantone, & Silver, P.C., for medical malpractice Lawyer New Hyde Park!
What Is A Misdiagnosis Claim?
When someone is in a condition where medical attention is needed, the margin for error is small. If you leave a doctor’s office in worse shape than you were when you entered, you may be entitled to damages. At Tannenbaum, Bellantone & Silver, P.C., our legal team is comprised of experts who are well versed in misdiagnosis claims for medical malpractice. To learn more about this area of law, and if this type of claim applies to your situation, don’t hesitate to schedule a consultation with our team.
What Is A Misdiagnosis?
Before diving into more detail about medical malpractice, the first thing our team would like to discuss is what is considered to be a misdiagnosis. Doctors are responsible for providing patients with the necessary care. However, a misdiagnosis takes place when an incorrect assessment of the patient’s condition leads to any of the below:
- The wrong treatment.
- Delayed treatment.
- No treatment.
- Worsening of the patient’s condition.
- In extreme cases, death.
What Is Medical Malpractice
If you’ve been misdiagnosed and want to make a legal claim, this will fall under the area of medical malpractice. Medical practitioners are legally held to a certain standard of care that each patient must receive. When this standard of care fails to be met, the receiving patient can take their doctor to court under a medical malpractice claim. To have legal grounds to stand on, all three of the below must have taken place:
- There was a violation of the standard of care.
- The violation led to an injury.
- The injury resulted in significant damages to the patients.
Proving A Misdiagnosis Took Place
There is a wide range of issues that fall under the medical malpractice branch. Misdiagnosis is just one of them. Fortunately for our clients, the team at Tannenbaum, Bellantone & Silver, P.C., is very well versed in this area. Our team can gather all of the evidence needed to prove that a misdiagnosis has taken place. The basics of establishing a claim of misdiagnosis involve showing the court the following:
- A doctor-patient relationship existed.
- The doctor was negligent in their time with the patient.
- The negligence is what caused the misdiagnosis, which led to the issue.
Showing That The Doctor Was Negligent
As we’ve mentioned numerous times, showing that the doctor was negligent when you were in their care will play the most extensive role in winning your misdiagnosis claim. Although you may be unaware of what goes into this process, our attorneys specialize in this. We’ll work diligently to prove that any other doctor acting reasonably would have been able to diagnose the issue at hand properly.
The Damages You’re Entitled To
Once we have proven that a misdiagnosis has taken place, the next step is securing the damages you’re entitled to. When a doctor’s negligence has harmed you, you shouldn’t be faced with a financial burden on top of the physical one you’re currently dealing with. That is where damages come into play. Working with our team increases the chances of you receiving the highest financial package. Examples of what the damages can cover include:
- Cost of current and future medical expenses.
- Loss of current income.
- Loss of future earning capacity.
- Physical and mental pain and suffering.
- Loss of enjoyment of life.
Contact Our Team
Coming to terms with the fact that a trusted medical practitioner has misdiagnosed you can be difficult. When this misdiagnoses seriously impacts your quality of life, it will only make matters worse. That is why here at Tannebaum, Bellantone & Silver, P.C., we take pride in the legal services we offer. We’ll create a case that proves beyond a shadow of a doubt that a misdiagnosis took place, allowing you to receive the damages you’re entitled to. For more information on how we can help, be sure to contact our team today.