Suffolk County Medical Malpractice

Medical malpractice occurs when a doctor, nurse, dentist, chiropractor, or another medical professional does something or fails to do something and as a result the patient is injured. As a result of a medical misdiagnosis or some other type of medical mistake, each year patients suffer injuries such as the birth injury that Rachel Hand suffered, as well as other injuries such as paralysis, severe back injuries, or even unwarranted amputations that require the patient to endure lifelong treatment. Sadly, in many cases the patient does not survive. If you or a loved one has been injured due to medical malpractice it is important to speak with an experienced Suffolk County Medical Malpractice Lawyer who will review the facts of your case and explain to you your legal options for pursuing a medical malpractice claim.

Common types of medical malpractice

Medical mistakes can happen at any time during the care of a patient. For example, a doctor may commit medical malpractice by making the wrong diagnosis. After a diagnosis is made, the doctor may make a medical mistake by subjecting the patient to an improper course of treatment. A doctor or other medical professional may also commit medical malpractice by failing to properly warn a patient of the risks associated with a particular course of treatment, or the risks associated with not moving forward with treatment. Thus, medical malpractice claims generally fall into one of three broad categories: failure to diagnose, improper treatment, and failure to warn. The common element to any type of medical malpractice claim is that the medical professional failed to care for the patient in a manner that the average healthcare provider would in similar circumstances.

Common types of medical malpractice cases include:

  • Delay in diagnosis
  • Misdiagnosis
  • Surgical errors
  • Anesthesia errors
  • Birth injuries
  • Prescription drug errors
  • Misuse of medical devices
  • Failure to treat
  • Failure to monitor
  • Operating on wrong body part

A birth injury is a particularly devastating type of medical malpractice as such a medical mistake changes the life of a newborn baby forever. Roughly 27 of every 1,000 births will involve a birth injury. A common type of birth injury is cerebral palsy which is a disorder that affects the child’s ability to move.

Another all too common type of medical malpractice involves a surgeon leaving medical instruments such as surgical sponges in the patient. Leaving a foreign object in a patient can cause serious medical problems such as infections, physical pain, the need for additional surgery and death.

Pursuing a medical malpractice claim

In order to have a viable medical malpractice case, you must have suffered some sort of injury or loss. Thus, if your doctor did indeed make a medical mistake, but you did not suffer any type of harm you could not successfully sue for damages.

Patients injured by malpractice in New York are entitled to compensation for their resulting medical expenses related to the breach of care. A successful claim can also result in damages for:

  • Lost wages, including lost future wages
  • Pain and suffering
  • Loss of enjoyment of life
  • Cost of physical therapy

If the patient died due to a medical mistake, the victim's family can pursue compensation by filing a wrongful death claim.


Robert Messina was taken to a hospital with a life-threatening medical condition. Messina developed severe bedsores that lead to a debilitating hip infection and other complications. Messina's injuries are permanent and now must use a wheelchair. Robert Messina filed a medical malpractice lawsuit against a nurse, arguing that he was left unattended for extended periods. Because of that, Messina developed bedsores. Messina v. Staten Island University Hospital, 2012 NY Slip Op 33636(U) (N.Y. Sup. Ct., 2012). Messina was awarded nearly $3,000,000 in pain and suffering, plus compensation for medical expenses and loss of future earnings.

Suffolk County Medical Malpractice Lawyer

If you or a loved one was injured due to the incompetence of a healthcare professional, you should contact an experienced attorney who understands the legal issues associated with medical malpractice cases. Stephen Bilkis and Associates is experienced in successfully representing victims in medical malpractice cases involving medical misdiagnosis, failure to warn, improper treatment, as well as other types of medical malpractice claims. We have the experience, knowledge and resources to evaluate medical records, hospital protocols, the credentials of the medical professionals involved, and other relevant documents, to make a proper assessment of the compensation to which the you are entitled. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations:

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1-800-NY-NY-LAW (1-800-696-9529)