Long Island Medical Malpractice Attorney

When a person visits their doctor or another medical professional, that person expects that the medical professional will treat them according to accepted medical standards. There is no guarantee that a patient will experience a positive outcome from a particular course of treatment. However, if a person is injured because of their doctor’s negligence, they may be entitled to compensation for any damages they suffer. If you have been harmed because of your doctor’s negligence, you should speak to a medical practice attorney about your legal option. Gold & Gold can help you understand your rights and pursue compensation for your losses.

  • For more than 40 years, Gold & Gold’s team of attorneys has been fighting with integrity for the injured and those who have lost loved ones.
  • We pride ourselves on holding others accountable for their actions and have secured six and seven-figure settlements for injured victims and their families.
  • Our reputation for integrity and hard work demands respect from opposing counsel, insurance companies, and other involved parties.

If your doctor’s negligence caused you injury, contact the Long Island medical malpractice attorneys at Gold & Gold. We strive to secure the best outcome possible for our clients whether by settlement, mediation, or trial. Call us today at (516) 888-4653 for a free case evaluation.

What is Medical Malpractice?

Medical professionals, including doctors, have a duty to treat their patients according to the accepted standard of care in every situation. When a medical professional fails to follow the expected standard of care while treating their patient and their failure causes the patient harm, they may be liable for medical malpractice.

Proving Medical Malpractice

Under New York law, the required elements to prove medical malpractice are:

  • The doctor or medical professional owed the victim a duty of care
  • The doctor breached their duty of care by failing to follow accepted medical practice in treating the victim
  • The alleged failure to follow accepted medical practice was the proximate cause of the victim’s injury or damage
  • The victim suffered actual damages from the doctor’s actions

In a medical malpractice claim, the victim must specify the injuries suffered and provide sufficient evidence to show that their injury was caused by the doctor’s failure to follow the accepted standard of care in that particular case. To prove a medical malpractice claim, you will need a medical expert with experience in the same area of medicine to give testimony about the expected standard of care in your case and how the defendant’s breach of duty caused your injury.

Common Examples of Medical Malpractice

Medical malpractice can take many forms. It happens when harm is done to a patient by a doctor or a medical professional because they took negligent actions in the patient’s care.

Often, healthcare is rushed, and sometimes, patients are not listened to or taken seriously. This can lead to inappropriate care and doctors neglecting a patient’s needs. If you or a family member has been the victim of medical negligence, you may be eligible to file a medical malpractice suit against the medical professional who behaved wrongly.

Speak to a medical malpractice attorney. They will review your case and ensure that your rights are protected. If the evaluation demonstrates the existence of medical malpractice, you can then pursue a case of medical malpractice for compensation for your losses. Listed below are some of the more common instances of medical malpractice:


When a doctor or medical professional does not properly diagnose a condition, the patient can be left in dire straits. This might include a condition that progresses and becomes critical, a prescription or dosage that was not appropriate for the treatment of their illness, or a medication that interacts dangerously with another medication the patient is already taking.

There are times when a healthcare professional’s misdiagnosis can have fatal consequences. For instance, missing an early diagnosis could cause a disease to progress to the point of no return, leading to a wrongful death. Sometimes, a condition that damage could have been limited progresses to the point of irreversible damage.

For a misdiagnosis to be considered a case of medical malpractice, the healthcare worker must have provided care and expertise to the level that another doctor would have. By doing this, they failed to notice something that another doctor would have caught.

Delays in Diagnosis

This is similar to a misdiagnosis. Doctors who miss an issue soon enough put the patient at risk of a much more progressive disease or condition. This could mean that the disease has progressed to a stage that will be difficult to treat or may be irreversible.

If a diagnosis is delayed, you must be able to show that another, more competent doctor would have recognized your condition in a more reasonable time frame. This could point to tests that should have been performed, things that were overlooked in examinations, and or information that was vital that was ignored.

Errors Made During Surgical Procedures

Surgical errors can happen for a variety of reasons. These may include the following:

  • Performance of the incorrect procedure
  • Avoidable surgery was performed unnecessarily
  • Organs, nerves, or tissues were damaged in a procedure that should have been avoided
  • The procedure was performed with unsterilized instruments
  • Surgical instruments or medical equipment was not removed from the patient
  • Follow-up care was insufficient

With every medical procedure comes risks. Prior to surgery, you are informed of those risks and sign paperwork consenting to the procedure equipped with that knowledge. If there is a problem with your surgery due to one of these risks, since you provided informed consent, you do not have a case of medical malpractice.

However, when a surgical error causes issues during your procedure, which was not one of the outlined risks, it is possibly due to medical malpractice. Speak to your medical malpractice attorney about the specifics of your case to learn more.

Failure to Provide Treatment

A failure to treat differs from a misdiagnosis because the patient receives an accurate diagnosis. The issue is that the diagnosis was not adequately treated. The patient might be discharged or not offered appropriate follow-up care. This could mean they are not provided the typical standard of care that should have accompanied their diagnosis.

Failure to treat a diagnosed condition is a case of medical malpractice when the doctor who was supposed to treat you did not provide you with the type of care you could minimally expect from a competent medical professional.

Birth Injuries

Childbirth is miraculous. But, it can also be fraught with potential medical malpractice occurrences. Injuries sustained at birth are not uncommon. Some of the most common medical malpractice cases against obstetricians and gynecologists (OB/GYNs) are as follows:

These injuries occur at birth and can be caused by mistakes made by healthcare providers. This means that they could be avoided with competent care. If your child sustained an injury at birth, seek legal counsel since these injuries can create long-term, painful, expensive issues.

Pharmaceutical Prescription Errors

Prescription drugs are beneficial to patients for the treatment of specific conditions, in the short-term as well as long-term, chronic conditions. They are necessary for pain management and mental health issues. Mistakes made when prescribing pharmaceuticals can be detrimental to the patient’s life and health.

Doctors should understand any contraindications between prescriptions that their patients are already taking. Accurate diagnoses are imperative to prescribing the correct medications, and proper dosage is important to indicate, too. Any mistakes can cause problems for the patient that could be potentially fatal.

For mistakes in medication to be considered a medical malpractice situation, it must be shown that the doctor or healthcare professional acted negligently when writing the prescription or that there was negligence upon having it filled.

Anesthesia Errors

When having surgery, it is crucial to have a well-trained, competent anesthesiologist. If the anesthesiologist makes a mistake, things could end in a wrongful death, a brain injury or terrible pain. To avoid a medical malpractice issue, doctors are expected to closely monitor vital signs and administer an appropriate amount of anesthesia.

Patients are entitled to proper instructions on how to care for themselves after the procedures. Talk to a medical malpractice attorney about your case if you suspect medical malpractice.

Failing to Treat or Prevent Infections Properly

Hospitals treat all sorts of ailments and infections. Bacteria of all types are present. Conditions must be pristine to maintain a sterile environment so patients do not suffer unnecessary infections. If you develop an infection due to unsanitary medical conditions, you may have a medical malpractice case.

Another aspect of infections and how they can become cases of medical malpractice is when they are not appropriately treated. If they are left untreated, the patient can suffer from sepsis, which can end in a fatality. If you have suspicions about an infection that you or a loved one developed, speak to your attorney specializing in medical malpractice about your concerns.

How Soon Can You File a Medical Malpractice Lawsuit?

While it is important to act quickly after you discover you have been injured by your doctor’s negligence or wrongful act. The statute of limitation for medical malpractice claims in New York is generally two years and six months from the date of the malpractice action or from the end of continuous treatment provided by the doctor.

Call Gold & Gold for Experience You Can Count On

Medical malpractice cases require experience and resources to investigate a case, gather evidence, and develop a compelling case. At Gold & Gold, we have the resources and expert professionals who assist our lawyers in case preparation to achieve the best possible outcome in your case. Your damages may include medical bills, past and future lost wages, and pain and suffering. Contact our Long Island medical malpractice attorneys at (516) 888-4653 for your free case evaluation.