Medical Malpractice Lawyers in Staten Island, NY
Suffering an injury or loss due to a medical mistake is devastating. When the healthcare professionals you trust cause harm instead of healing, you deserve answers and compassionate advocates who fight for you. At Chelli & Bush, Attorneys at Law, our medical malpractice attorneys in Staten Island, New York, provide relentless legal advocacy and genuine compassion and support. Over the past five decades,
our attorneys have secured more than $500 million in compensation for injured victims in Staten Island, Brooklyn, and the surrounding areas.
Key Takeaways
- Strict claim filing process in New York — Filing a medical malpractice claim involves complex requirements, including a Certificate of Merit, which affirms your case is medically supported.
- Breach of standard of care — A successful claim requires proving that a healthcare provider's action or inaction fell below the professional standard of care and directly caused the resulting injury.
- Statute of limitations — In New York, most medical malpractice claims must be filed two years and six months from the date of the malpractice, although there are some exceptions.
- No upfront cost — Our Staten Island medical malpractice lawyers take cases on a contingency fee basis, which means you won’t pay attorneys’ fees unless we successfully recover compensation for you.
Understanding Medical Malpractice in New York
Medical malpractice occurs when a doctor, hospital, or another healthcare provider fails to meet the accepted standard of care, and this failure directly causes injury or death to a patient. It means the care you received fell below what a reasonably skilled and competent medical professional would have done under the same circumstances.
Proving Deviation from the Standard of Care
Demonstrating that a healthcare provider failed to follow the standard of care is the foundation a successful medical malpractice claim. Your medical malpractice lawyer must prove:
Duty: The healthcare provider had a professional obligation to care for you.
Breach: The provider breached that duty by failing to meet the professional standard of care.
Causation: This failure or error caused a new injury or worsened an existing condition.
Damages: The injury led to quantifiable damages and losses, such as medical bills and pain and suffering.
Successfully making this connection requires the knowledge of an experienced lawyer who knows how to analyze complex medical records and diagnostic imaging. To establish the standard of care and its breach, our medical malpractice attorneys work closely with respected healthcare experts. They can determine whether care fell below the accepted standard, what the proper course of action should have been, how the negligent party failed to follow it, and how it caused you harm.
Common Types of Medical Malpractice Cases
Our medical malpractice attorneys have decades of experience handling a wide range of complex claims, including those involving:
- Birth injuries
- Surgical errors
- Anesthesia errors
- Medication errors
- Misdiagnosis or failure to diagnose
- Hospital negligence
- Nursing home abuse and neglect
- Lack of informed consent
- Wrongful death
If you believe you or a loved one was harmed by any form of medical negligence, our medical malpractice lawyers can listen to your story and advise you on the best path forward to secure justice and compensation for your family.
Recovering Damages in Medical Malpractice Cases
When your health is compromised by a medical error, it can threaten your financial security as well. You deserve to be fully compensated for your losses and get the care you need. Our Staten Island medical malpractice lawyers can help you pursue damages such as:
- Past and future medical expenses and long-term care
- Lost wages and reduced earning capacity.
- Rehabilitation and necessary home modifications
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of companionship and consortium
- Wrongful death damages
Our lawyers work closely with medical experts, financial professionals, and life care planners to project all future costs and ensure the value of your claim reflects the full scope of your damages and losses.
State-Specific Rules and Deadlines
New York has specific procedural rules for medical malpractice claims.
Certificate of Merit
When filing a medical malpractice lawsuit in New York, you must submit a Certificate of Merit. This process helps to minimize frivolous claims and ensures cases are supported by the opinion of qualified medical professionals.
Our medical malpractice attorneys obtain and review your medical records and consult with a licensed medical professional in the same specialty as the defendant. They will provide a written statement explaining why they believe the standard of care was breached and how it caused your injury. Your lawyer will then file the complaint and Certificate of Merit with the court.
Statute of Limitations in New York
The deadline for filing a medical malpractice lawsuit in New York is typically two years and six months from the date of the alleged act of malpractice. Specific exceptions may extend this deadline, such as those involving the delayed discovery of a cancer misdiagnosis, foreign objects left in the body, or birth injuries. It’s also important to note that if the medical provider in question is part of a government agency, you may need to file a Notice of Claim within 90 days of the incident to preserve your right to sue.
Attempting to navigate these complex processes and deadlines on your own can be overwhelming. That's why having an experienced medical malpractice lawyer by your side is vital.
Why Choose Our Staten Island Medical Malpractice Lawyers?
Because medical malpractice claims are complex and often involve sensitive health matters, you need an experienced law firm with a history of success, compassion, and integrity. With Chelli & Bush, Attorneys at Law, you get:
- Results that speak for themselves — Our firm has over 50 years of experience navigating complex personal injury cases. We’ve recovered more than $500 million for injured victims in New York. We’re proud of our exceptional record of success in the most challenging medical malpractice cases.
- No financial risk — We handle cases on a contingency fee basis. This means you won’t incur any upfront costs and will pay no attorneys’ fees unless we win your case.
- Relentless, compassionate advocacy you can trust —
Our mission is to help injury victims and hold negligent parties accountable with empathy and resolve. We have the resources, strength, and strategy to take on large hospital defense teams while ensuring you feel heard and supported every step of the way. Our
client testimonials reflect the personal support and dedication we bring to every case.
Contact a Medical Malpractice Lawyer in Staten Island, NY
If you or a loved one has been harmed by medical negligence, you don’t have to face it alone. The dedicated team at Chelli & Bush, Attorneys at Law, is here for you. To schedule a consultation with a medical malpractice lawyer near you in Staten Island, NY,
contact us or call 718-987-8444. We serve clients in Staten Island, Brooklyn, and surrounding areas.
Frequently Asked Questions About Medical Malpractice in New York
What should I bring to my first consultation with a medical malpractice attorney?
Bring all relevant medical records, imaging, diagnostic test results, prescriptions, and a written timeline detailing the events surrounding the medical error and your injuries.
Should I take the insurance company’s settlement offer?
No. Do not accept any offer or sign any documents before consulting with an experienced medical malpractice lawyer. Insurers are notorious for initially offering low amounts. If you accept the first offer that comes along you’ll likely lose your right to pursue additional compensation.
How long do medical malpractice cases typically take in New York?
Due to their complex nature, medical malpractice claims typically take at least 18 months or more from filing to resolution.
Why do I need a medical malpractice lawyer?
Battling large health systems and their insurance companies is daunting. Our medical malpractice lawyers handle all aspects of your case, including communications and negotiations with insurers. We take care of all complex procedural matters for filing a claim, ensure important deadlines are met, and work tirelessly to obtain the fair compensation you deserve, whether inside or outside the courtroom.