Question 1

What is the non-emergency contact number for the local police station in Queens, New York?

Accepted Answer

311 is the non-emergency contact number for the local police station in Queens.

Question 2

Where can I get a copy of police reports for incidents related to my case in Queens, New York?

Accepted Answer

To request a crime or police report from the New York City Police Department, please fill out the record request form and include a self-addressed envelope with postage. Send the completed form to the Verification Unit within the Criminal Records Section at 1 Police Plaza, Room 300, New York, NY 10038. You can access the record request forms at the following link: https://www.nyc.gov/site/nypd/services/law-enforcement/record-request-forms.page#incident-verification.

Question 3

What are the medical malpractice case statistics in Queens?

Accepted Answer

During a specific timeframe, Queens had an annual average of 404 medical malpractice cases filed, totaling 3,236 cases. In comparison to Manhattan, Brooklyn, and The Bronx, Queens had a comparatively lower number of cases. In terms of the overall percentage, Queens represented 19.3% of medical malpractice cases filed in New York City, which is below its population share of 27.4%.

Question 4

What is the average payout to victims in medical malpractice lawsuits in Queens?

Accepted Answer

It can be challenging to determine the average payout to victims in medical malpractice lawsuits in Queens due to the case-specific factors involved. However, based on a National Practitioner Data Bank study, the average payout to victims in medical malpractice cases is $348,065. To obtain a more precise evaluation of potential payouts in Queens, it is recommended to seek guidance from experienced medical malpractice attorneys who can carefully assess the unique details of your case.

Question 5

How can a victim establish negligence in a medical malpractice case in Queens?

Accepted Answer

The victim must demonstrate certain elements to establish negligence in a medical malpractice case in Queens. These include proving the existence of a legal duty of care, showing that the duty was breached, establishing a direct link between the breach and the harm suffered, and demonstrating damages, typically in the form of physical injury or illness. Healthcare professionals owe a duty of care to patients and must provide an acceptable standard of medical care in such cases.

Question 6

Why should you consider hospital ratings in Queens?

Accepted Answer

Hospital ratings in Queens impact patient safety and the risk of medical malpractice. According to the Leapfrog Hospital Safety Grade ratings, only two hospitals in NYC received Grade A ratings. Most hospitals in Queens scored lower than a B, with NYC Health + Hospitals – Elmhurst receiving a D. Hospitals like Mount Sinai, Long Island Jewish Forest Hills Hospital, New York – Presbyterian, and St. John’s Episcopal Hospital received Cs. Consider these ratings when selecting a hospital for better safety.

Question 7

What is the time limit for filing a medical malpractice lawsuit in Queens?

Accepted Answer

In most cases, you have two and a half years from the incident. However, if an unusual event occurs, such as a foreign object left in your body, you have a year from the date of discovery. It's crucial not to miss the deadline, as it could result in losing the opportunity to hold the negligent doctor accountable and seek the compensation you deserve.

Question 8

What does a medical malpractice lawyer do?

Accepted Answer

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Question 9

Do I have a medical malpractice case?

Accepted Answer

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the provider failed to fully explain the risks before proceeding
A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
A patient is informed by their health care provider or hospital that a mistake was made

Question 10

What are the chances of winning a medical malpractice lawsuit?

Accepted Answer

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Question 11

Is a misdiagnosis suitable for medical malpractice?

Accepted Answer

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

Question 12

As a patient, how do I choose a good medical malpractice lawyer?

Accepted Answer

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

Look at the lawyer’s website for details about their malpractice experience and knowledge.
Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

Question 13

What percentage of a settlement do medical malpractice lawyers get?

Accepted Answer

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

Question 14

What’s the statute of limitations on medical malpractice?

Accepted Answer

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

Question 15

How do you file a medical malpractice lawsuit?

Accepted Answer

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

Contact the doctor or health care provider to discuss the injury and a solution to the situation.
File a complaint with the local medical licensing board.
Check the state’s statute of limitations for filing a malpractice claim.
Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

Question 16

How does a medical malpractice lawsuit work?

Accepted Answer

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

Question 17

As a healthcare provider, how do I avoid medical malpractice?

Accepted Answer

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

Question 18

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

Accepted Answer

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in Queens, New York?

Where can I get a copy of police reports for incidents related to my case in Queens, New York?

What are the medical malpractice case statistics in Queens?

What is the average payout to victims in medical malpractice lawsuits in Queens?

How can a victim establish negligence in a medical malpractice case in Queens?

Why should you consider hospital ratings in Queens?

What is the time limit for filing a medical malpractice lawsuit in Queens?