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Hurt by a Doctor or Hospital in Queens? Let’s Talk About What Happened and What Comes Next

A Queens medical malpractice attorney focused on accountability, answers, and real recovery

When you seek medical care, you trust that the professionals treating you will follow accepted standards and put your health first. Whether you walked into an emergency room, scheduled a surgery, or trusted a doctor with a diagnosis, you had every reason to believe you were in capable hands. When that trust is broken and you are left injured, confused, or worse, the impact can be life-changing.

If you or a loved one were harmed due to medical negligence in Queens, you may have the right to pursue a medical malpractice claim. Our team is passionate about helping injured patients and families seek accountability and financial recovery, so they can focus on healing and rebuilding their lives.

Medical malpractice cases are complex, emotionally draining, and aggressively defended. You should not have to navigate this process alone. We are here to guide you, protect your rights, and fight for the compensation you deserve..

What Is Medical Malpractice Under New York Law?

Medical malpractice occurs when a doctor, hospital, nurse, or other healthcare provider fails to follow the accepted standard of care and that failure causes injury or death. In New York, not every bad medical outcome qualifies as malpractice. The law requires proof that a healthcare provider acted in a way that a reasonably competent professional would not have acted under similar circumstances.

Examples of medical malpractice may include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Medication errors
  • Birth injuries
  • Anesthesia mistakes
  • Failure to monitor a patient
  • Improper treatment or lack of treatment
  • Hospital negligence

In a borough as large and medically dense as Queens, patients receive care from major hospitals, outpatient clinics, urgent care centers, and private practices every day. While many providers deliver excellent care, mistakes still happen, and when they do, the consequences can be devastating.

medical malpractice

How a Medical Malpractice Case Is Evaluated

Understanding the standard of care

Every medical malpractice case begins with one critical question: did the healthcare provider meet the accepted standard of care? The standard of care refers to what a reasonably skilled and careful medical professional would have done in the same situation.

To evaluate this, several steps must take place:

  • A detailed review of your medical records
  • An analysis of your symptoms, diagnosis, and treatment timeline
  • Consultation with qualified medical experts in the relevant field

Medical experts play a crucial role in determining whether the care you received deviated from accepted medical practices and whether that deviation caused your injury.

  • He was professional, sharp, & most of all extremely humble & kind

    If you are looking for an attorney that will fight for you, look no further.
    I would highly recommend choosing Scott McCann. I was luckily introduced to Scott when my previous lawyer retired & looking back I am thankful for that everyday. I had a very complicated case of strangers trying to claim interest/ownership on my home. From day one, he was professional, sharp, & most of all extremely humble & kind
    Ms. Hamid

Proving causation and damages

Even if a mistake occurred, it must be shown that the mistake directly caused harm. This is known as causation. For example, if a doctor misdiagnosed a condition but the outcome would have been the same regardless, malpractice may not be established.

Your case must also demonstrate damages, which may include:

  • Physical pain and suffering
  • Emotional distress
  • Medical expenses and future care costs
  • Lost income and reduced earning capacity
  • Long-term disability or loss of quality of life

Our goal in every case is to identify all available damages and pursue full compensation that reflects the true impact of what you have endured.

Why Medical Malpractice Claims Are Especially Difficult

Medical malpractice cases are among the most challenging personal injury claims. They are expensive to litigate, highly technical, and strongly defended by insurance companies and hospital legal teams.

Patients often face obstacles such as:

  • Complex medical terminology designed to confuse
  • Delays in obtaining records
  • Doctors who refuse to acknowledge mistakes
  • Insurance companies that deny responsibility
  • Pressure to accept low settlements

All of this often happens while you are still recovering from an injury or coping with the loss of a loved one. That is why having an experienced medical malpractice attorney is so important.

How Hospitals and Insurance Companies Evaluate Your Case

Healthcare providers and their insurers approach malpractice claims with one primary goal: minimizing financial exposure. Their evaluation process often includes:

  • Denying that a mistake occurred
  • Claiming your injury was unavoidable or pre-existing
  • Arguing that your symptoms are exaggerated
  • Shifting blame to another provider or condition
  • Delaying the process to wear you down

They may explain their position using dense medical language and legal jargon that makes you question your own experience. This is not an accident. It is a strategy.

Our role is to level the playing field. We translate the medicine, challenge the narratives, and build a case rooted in facts, expert analysis, and New York law.

  • He is a person who will be aggressive and attentive with your case from the beginning to the end.

    I have had the experience of having Scott McCann as my legal counsel and have found him to be a person who will be aggressive and attentive with your case from the beginning to the end. He will look out for your best interest and handle your case with diligence and care. Scott is a person whom you can be at ease with and have confidence in the trust you would expect from a person who will listen and defend you throughout what is often a long duration to the conclusion of your case.
    Brenda

Medical Malpractice Cases We Handle in Queens

Queens is home to a diverse population and a wide range of healthcare facilities. We represent clients injured in many different medical settings, including hospitals, surgical centers, clinics, and private practices.

Common types of cases include:

Misdiagnosis and delayed diagnosis

Failure to diagnose conditions like cancer, infections, strokes, or heart attacks can lead to delayed treatment and worse outcomes.

Surgical errors

Mistakes during surgery may include operating on the wrong site, leaving surgical instruments inside the body, or causing unnecessary damage to surrounding tissue.

Medication and pharmacy errors

Incorrect medications, wrong dosages, or dangerous drug interactions can cause severe injuries or death.

Birth injuries

Negligence during pregnancy, labor, or delivery can result in permanent injuries to infants and mothers.

Anesthesia errors

Improper administration or monitoring of anesthesia can lead to brain damage, cardiac events, or death.

Hospital negligence

Hospitals may be liable for understaffing, poor infection control, or failure to monitor patients properly.

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What to Expect When You Contact Our Office

When you reach out to us about a potential medical malpractice claim, you will speak directly with an attorney experienced in these cases. We approach every conversation with care, patience, and respect.

We will ask questions such as:

  • When and where you received medical treatment
  • Which doctors or facilities were involved
  • What injuries or complications you experienced
  • Whether you have a prior medical history
  • If you sought treatment elsewhere afterward
  • How the injury has affected your work and daily life

If you already have medical records, we will review them. If you do not, we will obtain the necessary records on your behalf. You do not need to have everything figured out before calling. That is our job.

Compensation Available in a Queens Medical Malpractice Claim

Depending on the facts of your case, compensation may be available for:

  • Past and future medical expenses
  • Rehabilitation and long-term care
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Wrongful death damages for surviving family members

We also work to negotiate unpaid medical bills and liens whenever possible, helping you keep more of the compensation you recover.

Why Choosing a Local Queens Medical Malpractice Attorney Matters

Medical malpractice laws in New York are strict and deadline-driven. Claims must comply with specific procedural requirements, including expert certifications and statutes of limitations.

A local Queens attorney understands:

  • New York malpractice laws and court rules
  • How Queens juries view medical negligence cases
  • The practices of local hospitals and insurers
  • The importance of acting quickly and correctly

Local knowledge and focused experience can make a meaningful difference in the outcome of your case.

Frequently Asked Questions About Medical Malpractice in Queens

How long do I have to file a medical malpractice claim in New York?

In most cases, New York law requires medical malpractice claims to be filed within two and a half years from the date of the malpractice or the end of continuous treatment. There are exceptions, especially for minors and wrongful death cases, so it is important to speak with an attorney as soon as possible.

Do I need a medical expert to file a malpractice lawsuit?

Yes. New York law requires that medical malpractice claims be supported by expert medical opinions. An attorney will work with qualified experts to review your case and determine whether the standard of care was violated.

What if I signed consent forms before treatment?

Consent forms do not excuse negligence. While patients often consent to known risks, they do not consent to careless mistakes or substandard treatment.

Can I sue a hospital in Queens for malpractice?

Yes. Hospitals can be held liable for the negligence of their employees, as well as for institutional failures such as improper staffing or unsafe policies.

How long does a medical malpractice case take?

Medical malpractice cases often take longer than other injury claims due to their complexity. Some cases resolve through settlement, while others proceed to trial. Your attorney can give you a clearer timeline based on your specific case.

What does it cost to hire a medical malpractice attorney?

Medical malpractice attorneys typically work on a contingency fee basis. This means you do not pay upfront legal fees. Attorney fees are paid only if compensation is recovered.

Take the First Step Toward Answers and Accountability

If you believe medical negligence caused you or a loved one harm in Queens, you deserve answers. You deserve accountability. And you deserve a legal team that will take your case seriously.

We encourage you to contact us today for a free, confidential consultation. There is no risk in reaching out, and no obligation to move forward. Let us help you understand your options and take the next step toward justice and recovery.