MEDICAL MALPRACTICE

 



I have been injured by a medical professional. How long do I have to sue?
Generally, in New York State, you have 2 ½ years from the date of injury or the last date of treatment by that medical professional for the same health issue you were being treated for at the time of the injury. (There are certain exceptions to this rule, the most common being that if the injury is to a child, the deadline to sue is the lesser of 2 ½ years after the child reaches the age of 18, or 10 years from the date of injury.)

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How do I know if I have a case?
The first thing you should do is call a qualified attorney who has extensive experience in handling medical malpractice cases. That attorney can usually tell you whether or not you have a potential case merely by discussing it with you during a brief telephone conversation, free of charge. If you wish to discuss your potential case with us, please contact us at 1-845-345-8542.

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How badly do I have to be injured before you will take my case?
At the law firm of Goldstein & Goldstein, Esqs., we generally limit our medical malpractice cases to those in which the individual has suffered permanent and serious injury as a result of the malpractice. If the problem has resolved itself or if the injury is minor, even though it was as a result of malpractice, we generally do not take the case. However, if you are not sure or have any questions, please feel free to call us at 1-845-345-8542.

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How are damages determined?
If your case goes to trial, damages are determined by either a judge or a jury. The judge or jury at your trial will listen to testimony from you as to how the injury has affected your life, and will listen to testimony from your treating doctor, as to how this injury has affected you physically and how it may affect you in the future.

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Will I have to go to court?
Very few cases actually go to trial. In our practice, more than 90% of the cases settle without going to court. However, it is important that the lawyer representing you is experienced in trying personal injury cases, rather than just going for a quick settlement. Your attorney should have a reputation with the defense lawyers and insurance companies as someone who can and will take a case to trial, should they offer you an unreasonable settlement or no settlement at all. We find that our very high success rate in trying cases in court has enabled us to obtain better settlements for our clients and has also made it less likely that we will have to go to court. But, if we do have to go to trial, we can assure you that we will put all of our resources, time, experience, and knowledge behind your case to make sure you get the best possible results.

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You should always meet the lawyer who will actually handle your case to make sure you feel comfortable in placing this important matter in his hands. Look over Paul Goldstein and Lindsey Goldstein’s biographies and make “The Right and Intelligent Choice”.

If you have further questions, please contact us at 1-845-345-8542 or e-mail us at: paul@goldsteinlawfirm.com.

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