Medical Malpractice in Westbury and Nassau County
When you seek medical treatment inWestbury, Nassau County, or anywhere on Long Island, you trust healthcare providers with your life and well-being. When that trust is violated through negligence, the consequences can be catastrophic. Understanding your rights is the first step toward justice and recovery.
What Constitutes Medical Malpractice in New York?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in patient harm. To establish a valid claim in New York, you must prove:
- Doctor-patient relationship existed- You were under the provider's care
- Breach of standard of care- Provider failed to meet accepted medical standards
- Causation- The breach directly caused your injury
- Damages- You suffered measurable harm (physical, financial, or emotional)
Common Types of Medical Malpractice
Misdiagnosis or Delayed Diagnosis:
- Cancer misdiagnosed as benign condition
- Heart attack symptoms dismissed as anxiety
- Stroke signs not recognized promptly
- Infections left untreated due to missed diagnosis
Surgical Errors:
- Operating on wrong body part or wrong patient
- Leaving surgical instruments inside the body
- Anesthesia errors causing brain damage or death
- Unnecessary surgeries performed
- Post-operative infections due to unsanitary conditions
Medication Errors:
- Prescribing wrong medication or dosage
- Failing to identify dangerous drug interactions
- Pharmacy dispensing incorrect medication
- Administering medication to wrong patient
Birth Injuries:
- Cerebral palsy due to oxygen deprivation
- Erb's palsy from shoulder dystocia mismanagement
- Failure to perform timely C-section
- Improper use of forceps or vacuum extraction
Medical Facilities in Westbury and Surrounding Areas
Malpractice can occur at any healthcare facility, including well-known institutions inWestbury, Nassau County, and Long Island:
- NYU Langone Hospital – Long Island (Mineola)
- Nassau University Medical Center (East Meadow)
- St. Joseph Hospital (Bethpage)
- Winthrop-University Hospital (Mineola)
- Private practices and outpatient clinics throughout Westbury
New York's Statute of Limitations for Medical Malpractice
Critical deadlines you must know:
Standard deadline:2.5 years from the date of malpractice OR from the end of continuous treatment by the same provider for the same condition (whichever is later).
Important exceptions:
- Foreign object cases- 1 year from discovery (or when reasonably should have been discovered)
- Cancer misdiagnosis- 2.5 years, but discovery rule may apply
- Minors under 10- Until age 10, or 2.5 years from malpractice (whichever is longer)
- Cases against government hospitals- Notice of Claim within 90 days
The Certificate of Merit Requirement
New York law requires that medical malpractice lawsuits include aCertificate of Merit, which means:
- Your attorney must consult with a qualified medical expert
- The expert must review your medical records
- The expert must believe there's a reasonable basis for the claim
- Certificate must be filed with the court within 90 days of filing
Damages You Can Recover
In successfulWestbury and Nassau County medical malpractice cases, victims may recover:
Economic Damages:
- Medical expenses- Past and future treatment, rehabilitation, therapy
- Lost wages- Income lost during recovery
- Lost earning capacity- If unable to return to previous profession
- Home modifications- Wheelchair ramps, accessible bathrooms
- Medical equipment- Wheelchairs, hospital beds, prosthetics
Non-Economic Damages:
- Pain and suffering- Physical pain endured
- Emotional distress- Anxiety, depression, PTSD
- Loss of enjoyment of life- Inability to engage in hobbies and activities
- Disfigurement- Scarring or permanent physical changes
- Loss of consortium- Impact on relationship with spouse
Why Medical Malpractice Cases Are Complex
These cases present unique challenges:
- Expensive to litigate- Expert witnesses cost $10,000-$50,000+
- Time-consuming- Cases often take 2-4 years to resolve
- Difficult to prove- Must establish deviation from standard of care
- Emotional toll- Reliving traumatic medical experiences
- Powerful opposition- Hospitals and insurance companies have vast resources
How to Prove Medical Malpractice
Evidence required for a strong case:
- Complete medical records- Hospital charts, test results, imaging studies
- Expert testimony- Medical professional in same specialty confirms negligence
- Documented damages- Medical bills, wage statements, therapy records
- Timeline- Clear chronology of treatment and when harm occurred
- Standard of care evidence- Medical literature, guidelines, protocols
Steps to Take If You Suspect Malpractice
1. Continue necessary medical treatment
Don't let fear prevent you from getting needed care. Your health comes first.
2. Request complete medical records
Under HIPAA, you have the right to your records. Request copies from all providers involved.
3. Document everything
- Keep a journal of symptoms and pain levels
- Save all medical bills and receipts
- Document lost work days
- Take photos of visible injuries or conditions
4. Don't discuss the case
- Avoid talking to insurance adjusters without an attorney
- Don't post about your case on social media
- Don't sign any releases or waivers
5. Consult with a medical malpractice attorney
Time is critical due to statute of limitations. Early consultation preserves your rights.
Why Choose an Experienced Malpractice Attorney
Medical malpractice cases require attorneys with:
- Medical knowledge- Understanding complex medical concepts and terminology
- Expert network- Relationships with qualified medical experts in various specialties
- Financial resources- Ability to fund expensive litigation
- Trial experience- Not all cases settle; you need a lawyer ready to go to court
- Track record- Proven success in medical malpractice verdicts and settlements
Common Defenses Used by Healthcare Providers
Be prepared for these defense strategies:
- No duty owed- Claiming no doctor-patient relationship existed
- Standard of care met- Arguing treatment was appropriate
- Pre-existing condition- Blaming injury on prior health issues
- Patient non-compliance- Claiming you didn't follow instructions
- Informed consent- Arguing you accepted known risks
Free Consultation for Westbury Residents
If you believe you or a loved one was harmed by medical negligence inWestbury, Nassau County, or anywhere on Long Island, Coville & Associates offers a free, confidential case evaluation.
Our experienced team has successfully handled complex medical malpractice cases, working with top medical experts to hold negligent providers accountable. We understand the medical and legal complexities involved and have the resources to take on hospitals and insurance companies.
Don't wait- New York's statute of limitations is strict, and evidence must be preserved quickly. Contact us today to protect your rights and explore your legal options.