Understanding Medical Negligence and How Victims Can Pursue Legal Help
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75+
Years Combined Legal Experience
Decades of representing injured individuals across Nassau & Suffolk County
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$75M+
Recovered for Injured Clients
Millions secured for victims of negligence, including medical errors
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Consistently recognized for client communication and case results
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Five-time award winner serving the Long Island community
Medical care is built on trust. When we seek treatment from doctors, hospitals, surgeons, or other medical professionals, we expect them to follow accepted standards of care and make decisions that protect our health and safety. Unfortunately, medical errors happen often, and when those errors result from negligence, the consequences can be devastating to the patient.
Medical malpractice injuries can affect every aspect of a person’s life. Patients may suffer complications that require additional treatment, long-term disability, chronic pain, or in the most serious situations, permanent life-altering harm. Families are left facing unexpected medical expenses, lost income, and uncertainty about the future all because of a medical provider’s error.
Around Long Island, medical malpractice cases may arise in hospitals, emergency rooms, surgical centers, nursing homes, and doctors’ offices. These cases often involve complicated medical issues and require detailed review of medical records and expert analysis. A medical malpractice lawyer can help you sort through these issues.
At Palermo Law, our firm focuses on representing individuals injured due to negligence. While our primary focus is personal injury litigation, medical malpractice cases involve highly specialized legal and medical issues.
We connect families with experienced medical malpractice attorneys
We work with experienced attorneys who focus specifically on medical malpractice litigation. When someone contacts us about a new malpractice claim, we help review the person’s issue and connect them with knowledgeable malpractice lawyers who have the resources and experience needed to handle these complicated cases.
The information below explains what medical malpractice is, how it may occur, and what individuals should know if they feel they have been the victim of medical negligence that has caused them harm.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider does not meet the accepted standard of medical care and that failure causes injury to a patient. Not every negative medical outcome is malpractice. Medicine is complex, and treatments sometimes do not produce the desired results even when doctors provide appropriate care.
What Qualifies as Medical Malpractice?
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01
Element 01
Duty of Care A doctor-patient relationship must exist. The healthcare provider owed the patient a professional duty to deliver care that meets accepted medical standards.
Legal term: Duty
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02
Element 02
Breach of Standard The provider deviated from the care a competent physician in the same specialty would have delivered under the same circumstances.
Legal term: Breach
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03
Element 03
Causation The breach must be shown to have directly caused the patient’s injury — not the underlying condition. This is often the most contested element in malpractice cases.
Legal term: Causation
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04
Element 04
Compensable Harm The patient must have suffered measurable damages as a result — medical expenses, lost income, physical pain, or lasting disability. Negligence alone is not enough without provable harm.
Legal term: Damages
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Determining whether these elements are present usually requires detailed analysis of medical records and consultation with qualified medical experts in the field that the malpractice happened in.
In most situations, patients may not immediately understand or know that malpractice occurred. Complications or worsening symptoms may develop over time, and understanding whether those issues were caused by negligence often requires careful review by specialists hired by your malpractice lawyer.
Common Examples of Medical Malpractice
Medical malpractice can happen in many different settings. Some of the most common types of malpractice claims involve diagnostic errors, surgical mistakes, and treatment failures.
Misdiagnosis or Delayed Diagnosis
One of the most common forms of medical malpractice involves failing to diagnose a serious medical condition or diagnosing it too late for effective treatment.
Examples may include:
- delayed diagnosis of cancer
- failure to identify stroke symptoms
- misdiagnosis of heart attack symptoms
- failure to detect infections or internal bleeding
Delayed diagnosis can allow a condition to worsen significantly before appropriate treatment begins.
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Surgical Errors
Surgical procedures involve many complicated steps and require careful attention to patient safety. Errors during surgery can lead to severe complications. Examples include:
- operating on the wrong body part
- performing the wrong surgical procedure
- leaving surgical instruments inside the patient
- causing unnecessary damage to surrounding organs or tissues
These mistakes can require additional surgeries and may cause permanent harm.
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Medication Errors
Medication mistakes may occur when a healthcare provider prescribes the wrong drug, the incorrect dose amount, or fails to consider dangerous drug interactions with medicines previously prescribed. Pharmacists and medical staff may also contribute to medication errors through dispensing mistakes or incorrect instructions.
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Birth Injuries
Birth injuries can occur when medical professionals fail to properly monitor a pregnancy or respond in the right way during labor and delivery. Some birth injuries involve conditions such as:
- oxygen deprivation
- nerve damage during delivery
- failure to perform a timely cesarean section
These cases can involve several different medical and legal issues because they may affect a child for the rest of their life.
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Anesthesia Errors
Anesthesia must be carefully administered and monitored during surgical procedures. Mistakes involving anesthesia can lead to serious complications, including brain injury or cardiac arrest.
Injuries That Can Result from Medical Negligence
When medical malpractice occurs, the injuries can be severe and long lasting. Patients may require additional treatment to address complications that should have been avoided.
Common injuries resulting from medical negligence include:
- traumatic brain injuries
- paralysis or spinal cord injuries
- surgical complications
- organ damage
- severe infections
- birth injuries affecting infants
- permanent disability
In some situations, medical negligence can lead to wrongful death.
Because the consequences of malpractice can be so serious, these cases often involve extensive investigation and medical analysis by professional in the field of medicine.
Why Medical Malpractice Cases Are Complex
Medical malpractice cases are among the most complicated types of personal injury claims. Unlike many other accident cases, malpractice claims require detailed examination of medical records and expert testimony from qualified physicians.
In New York, malpractice lawsuits must typically be supported by a certificate of merit. This requirement means that an attorney must consult with a qualified medical expert who confirms that there is a reasonable basis for the claim before a lawsuit is filed.
Several factors contribute to the complexity of malpractice cases:
Medical Evidence
Medical records, imaging studies, lab results, and treatment histories must be reviewed to determine whether the standard of care was violated.
Expert Testimony
Medical experts are usually required to explain what a doctor should have done in the same situation and how the provider’s actions deviated from accepted standards.
Causation Analysis
It must be proven that the medical provider’s negligence actually caused the patient’s injury rather than the underlying medical condition itself. If a medical error does not result in a injury there usually is no case.
Complex Litigation
Medical malpractice lawsuits often involve multiple defendants, including hospitals, physicians, nurses, and medical institutions.
Because of these issues, malpractice litigation is typically handled by attorneys who focus specifically on this area of law.
Time Limits for Medical Malpractice Claims in New York
New York law imposes strict time limits on medical malpractice lawsuits.
In most cases, a malpractice claim must be filed within two years and six months from the date of the alleged malpractice or from the end of continuous treatment related to the condition.
Certain exceptions may apply in specific circumstances, such as cases involving foreign objects left inside a patient during surgery.
Because these deadlines can affect a person’s legal rights, it is important to seek guidance as soon as possible if medical negligence is suspected.
Medical Malpractice Filing Deadlines
| 1 | Date of Malpractice
Clock begins |
| 2 | End of Continuous Treatment
Alternative start date |
| 3 | Filing Deadline
Case cannot proceed |
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Foreign Object Exception
If a surgical object is left inside the body, the clock starts when the object is discovered — not the date of surgery.
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90-Day Notice of Claim
Claims against public hospitals or municipal providers require a Notice of Claim filed within 90 days — well before the standard deadline.
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Act Quickly
Missing any deadline ends your right to pursue compensation. Speak with an attorney as soon as negligence is suspected.
How Palermo Law Helps With Medical Malpractice Cases
At Palermo Law, our firm focuses on representing individuals who have been injured due to negligence. Over the years, many people have contacted us after experiencing complications or unexpected outcomes following medical treatment.
Medical malpractice cases require highly specialized knowledge of both law and medicine. For this reason, these claims are typically handled by attorneys who focus specifically on malpractice litigation and have the resources necessary to analyze complex medical evidence.
When someone contacts our firm regarding a potential medical malpractice case, we help review the situation and determine whether the circumstances may involve medical negligence. If appropriate, we refer the matter to experienced medical malpractice attorneys who focus on this area of law and have extensive experience handling these cases.
Our goal is to ensure that individuals receive guidance from attorneys who have the knowledge and resources required to evaluate and pursue these complex claims.
When a Personal Injury Leads to a Medical Malpractice Claim
In some situations, a person who suffers injuries in an accident may later discover that the medical care they received afterward was negligent. This can create a situation where two separate legal claims exist: one against the party responsible for the original accident and another against the healthcare provider who failed to treat the resulting injuries properly. These cases require careful coordination between personal injury and medical malpractice attorneys to ensure that every avenue of recovery is pursued.
For example, someone injured in a car accident, slip and fall, or construction accident may later learn that a delayed diagnosis, surgical error, or other treatment failure compounded their original injuries. In these cases, both claims must be evaluated carefully and within their respective deadlines. Palermo Law can help individuals understand what happened, identify all potentially responsible parties, and how best to proceed with each claim.
Contact Palermo Law if You Suspect Medical Negligence
If you or a family member experienced serious complications after medical treatment and believe negligence may have been involved, it may be helpful to speak with an attorney about your situation.
Our team can help review the circumstances surrounding the incident and guide you toward appropriate legal recourse.
Palermo Law serves clients throughout Nassau County and Suffolk County. Our offices are conveniently located across Long Island, including Huntington, Babylon, Patchogue, Riverhead, East Hampton, Mineola, Hauppauge, Carle Place, and Elmont, making it easy to speak with an attorney close to home. Contact us today for a free consultation.
Helping the Injured Throughout Long Island
“...cannot be happier with our decision!”
Steven Palermo was referred to us from a friend and I cannot be happier with our decision. He worked hard to obtain a settlement to compensate for pain I had to undergo as a result of an accident. I will continue to refer anyone in need of a car accident attorney to this office! Thanks Palermo for everything!
...He heard everything that I had to say...
Steven was an amazing attorney. He heard everything that I had to say about my injury and he was very reassuring. The staff at Palermo Law were also very helpful. If I had any questions they were always there to answer my questions. I felt that my case was handled professionally and there was a great outcome that I was looking for. I really appreciate the work that they did for my case.
...I wouldn’t think twice to recommend them to anyone in need of an attorney.
Steven and his team - Danielle, Ana, and Paula are the right people to have in your corner fighting for you. I selected this firm based on the reviews and their website and I have been nothing but thankful for the efficiency and professionalism I have experienced. I just settled my case and throughout the entire process I consistently felt reassured that I had made the right choice. All the feelings of anxiety and stress related to dealing with a lawsuit with this team were kept in check with their immediate responsiveness and determination to help me get what I needed to assist with my injury. Any question or concern was answered no matter what time or day of the week. Everything was explained and I wouldn’t think twice to recommend them to anyone in need of an attorney.
...Steve immediately got me on track to see the right kind of doctor...
I was unhappy with my previous attorney & decided to switch to Palermo Law. Steve immediately got me on track to see the right kind of doctor, who ultimately discovered the root of my injury. I believe that the medical treatment I received together with Steve’s hard work resulted in a successful outcome of my case.
Steve came to the Rehab center...
Steve came to the Rehab center, where I was placed following my admission to the hospital, to introduce himself & explain the steps he would take to help me. He also came to visit me at my home, when I couldn't drive, to give me updates on my case. Everyone at his office was very friendly and answered my questions. Steve always took time to explain each step of my case to me so I understood completely. He displayed empathy towards not only my physical pain but emotional, as well.
FREQUENTLY ASKED QUESTIONS
What qualifies as medical malpractice?
Medical malpractice happens when a healthcare provider fails to meet accepted medical standards and that failure causes injury to a patient. Not every poor medical outcome is malpractice, and determining whether negligence occurred often requires expert review.
How long do I have to file a medical malpractice lawsuit in New York?
In most cases, the statute of limitations for medical malpractice claims in New York is two years and six months from the date of the malpractice or from the end of continuous treatment.
Do all medical mistakes qualify as malpractice?
No. Medicine is complex, and some treatments carry risks even when performed properly. A malpractice claim generally requires proof that the provider deviated from accepted medical standards. A bad outcome alone does not usually give rise to a malpractice claim.
Why are medical malpractice cases difficult to prove?
These cases require extensive medical knowledge and use expert testimony from a doctor. Courts typically rely on qualified medical experts to explain the standard of care and whether it was violated.
What types of doctors can be sued for malpractice?
In our experience malpractice claims may involve many types of healthcare providers, including physicians, surgeons, nurses, anesthesiologists, and hospitals.
Should I speak with an attorney if I suspect malpractice?
If you believe a medical error caused serious harm, it may be helpful to discuss the situation with an attorney. Lawyers can review the circumstances and determine whether the situation may warrant further investigation.