Queens Medical Malpractice Lawyers
Seeking Justice for Acts of Medical Negligence
If you or a loved one has been a victim of medical malpractice, Chiariello & Chiariello is here to help protect your rights. The skilled Queens medical malpractice lawyers at the firm are prepared to prove the medical practitioner’s fault in even the most complicated medical malpractice claims, such as if the initial liability may appear to be unknown. Injuries or death sustained from a medical miscalculation is not only a breach of trust between you and your physician, but it is also a violation of the standards put in place to keep patients safe.
Chiariello & Chiariello is a family-owned and operated law firm that aims to provide personalized and dedicated representation to injured clients. Despite being a small firm, they are not afraid to take on large insurance companies and advocate steadfastly for their clients. The attorneys have more than 50 years of combined experience proving fault against doctors, nurses, and hospitals for ignoring standard procedures for the sake of maintaining profit margins.
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The Statute of Limitations and the “Discovery Rule”
Typically, medical malpractice lawsuits in New York must be filed within 2 years and 6 months of the act of medical negligence. This statute of limitations becomes a little more convoluted if the healthcare professional’s malpractice is part of a long-term treatment program. In such a case, the 2.5-year statute of limitations does not begin counting down until the date the treatment has concluded.
In situations where a patient could not have reasonably discovered that they have experienced medical malpractice, New York implements a “discovery rule” impacting the statute of limitations. This rule can be applied in any of the following scenarios:
- A medical professional has failed to diagnose cancer. The statute of limitations begins on the later of: (1) the end of treatment, or (2) when the patient should have known the diagnostic error happened and caused their injuries.
- A foreign object (e.g., surgical instrument) was left in the patient’s body. The statute of limitations in such a situation is the earlier of: (1) 1 year within the date of discovery of the foreign object, or (2) 1 year within the date of learning the facts that would reasonably lead to the discovery of the object.
Because of the nuances concerning the medical malpractice lawsuit time limits, you should seek to consult a lawyer immediately to protect your rights.
Medical Malpractice Cases We Have Successfully Handled
Chiariello & Chiariello's attorneys aim to help you obtain a full financial recovery for any pain and suffering, medical expenses, lost wages, and other expenses you have endured due to medical negligence. The firm represents clients who have sustained injuries by a number of medical professionals, including physicians, dentists, nurses, chiropractors, podiatrists, or physical therapists, as well as by clinics, surgery centers, and hospitals.
Some examples of medical malpractices cases the firm has successfully handled include:
Surgical Errors & Hospital Negligence
Surgery is an invasive procedure that must be performed with the utmost care to avoid causing harm to the patient. Common surgical errors that may constitute a medical malpractice claim include cutting an organ by mistake, operating on the wrong body part, performing inappropriate or unnecessary surgery when other options were available, and mistakes made during pre- and post-operative care.
Foreign Objects & Surgical Instruments Left in Body After Surgery
Another common surgical error involves leaving surgical instruments and other foreign objects, such as needles or sponges, inside of the body after a surgery. As unbelievable as that sounds, it does happen. The consequences can be severe for the patient and can include severe pain, infection, and other life-threatening complications.
Anesthesiologists have a duty to administer the correct type and dosage of anesthetic medication to patients prior to surgery. If he or she fails to account for a patient allergy or gives too much or too little anesthesia to a patient, they may be held liable in a medical malpractice claim. The consequences of an anesthesiology error can cause brain damage, permanent injury, or the death of the patient.
Delayed or Misdiagnosis of Cancer, Including Breast Cancer
Early cancer detection is key to improving a patient's prognosis. Incorrectly diagnosing cancer when the patient actually had another illness, incorrectly diagnosing an illness when the actual culprit was cancer, or failing to detect cancer altogether can keep the patient from getting the correct care he or she needs. The longer cancer goes untreated or improperly treated, the greater the chance of a poor outcome for the patient.
Failure to Properly Read MRIs, X-rays, or Mammograms
A doctor's misinterpretation of medical imaging like MRIs, X-rays, and mammograms can set off a snowball effect of misdiagnosis and improper care. For example, failing to identify a brain tumor can lead to a delayed cancer diagnosis while the patient continues to suffer. Failure to identify a bone fracture can leave the patient with considerable pain and difficulty healing from an injury.
There are many ways that medical negligence can contribute to a birth injury, such as failing to order the correct pre-natal care, failure to diagnose maternal medical conditions, improper use of birth-assisting tools like forceps, failure to plan for complex or high-risk deliveries, failure to respond to signs of fetal distress, and more. Examples of possible birth injuries for newborns include collar bone fractures, brain injuries, spinal cord injuries, peripheral nerve damage, and birth asphyxia. Mothers can also suffer from birth-related problems like infections, preeclampsia, excessive bleeding, negative reactions to epidurals, and more. For a medical malpractice claim to be valid, it must be proven that these injuries are the direct result of a doctor's mistake.
Nursing Home Negligence
When you entrust a loved one to the care of a nursing home or assisted living facility, the last thing you should expect is that they will be mistreated in any way. The unfortunate reality is that even facilities that specialize in the care of the elderly are not immune from errors, both unintentional and intentional. Chiariello & Chiariello can help you pursue compensation for yourself or on behalf of a loved one for nursing home negligence leading to bed sores, infections, malnutrition, medication errors, emotional and physical abuse, and death.
Lack of Informed Consent
Part of a medical provider's duties is to ensure that a patient is provided with all appropriate information about the risks, benefits, and alternatives to any recommended medications and treatments. Everyone has a right to make informed decisions about their medical care, so if a doctor or hospital fails to readily provide this information in a clear and understandable way, and the patient is subsequently harmed, they may be held liable for malpractice.
Failure to Treat Infections
Bacterial and viral infections can be life-threatening to a patient. Failing to recognize symptoms and diagnose an infection can result in sepsis, severe pain, and other problems that can ultimately be fatal.
Failure to Present Options Other than Surgery
Surgery isn't always the answer to a serious medical problem; in fact, it should be considered as a last resort if there are other effective and proven treatment options that can be administered. A doctor may be guilty of medical malpractice if her or she recommends a surgery that was not really necessary without informing the patient of possible alternatives, and the result is preventable harm to the patient.
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If you are experiencing hardship in your life due to another’s negligence, working with a skilled and knowledgeable legal team can make all the difference in improving your situation — and helping you get your life back on track.
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