Category: Medical Malpractice

Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to medical malpractice.

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How Likely Are You To Win A Malpractice Lawsuit?

How Likely Are You To Win A Malpractice Lawsuit in NYC?

As a New York City attorney, I often get asked about the likelihood of winning a medical malpractice lawsuit. Medical malpractice cases can be complex and challenging, and the outcome of a case depends on several factors, including the strength of the evidence and the skill of the attorneys involved. So here’s a closer look at how likely you are to win a medical malpractice lawsuit in New York City.

First things first, if you’re going to win a malpractice suit,  it is important to understand the legal standard for medical malpractice in New York. To prove malpractice, a plaintiff must demonstrate that the healthcare provider failed to adhere to the standard of care, which is the level of skill and knowledge that a reasonable doctor and/or hospital (“healthcare provide”) would exercise in the same or similar circumstances. The plaintiff must also show that this failure caused them harm.


One key factor in determining the likelihood of success in a medical malpractice case is the availability and strength of evidence. You must also prove that the healthcare provider’s actions or inactions caused your injury. This may include medical records, expert witness testimony, and other evidence demonstrating the healthcare provider’s failure to adhere to the standard of care. With solid evidence, it can be easier to prove that the provider’s actions were negligent and caused harm to the plaintiff.


To win a medical malpractice lawsuit, you must also be able to prove that you suffered damages as a result of the healthcare provider’s negligence. This could include physical injury, emotional distress, lost wages, and other costs associated with your injury.

Experienced Attorneys and Expert Testimonies

Another critical factor is the skill and experience of the attorneys involved. Medical malpractice lawsuits can be complex and time-consuming. Therefore, it is essential to have attorneys with the knowledge and expertise to navigate the legal system and present a convincing case effectively. A well-prepared and experienced attorney can help to build a strong case and increase the chances of a successful outcome. In addition to having a well-versed attorney, testimonies from an expert in the field would also do an excellent service in helping win a malpractice suit in NYC. Medical malpractice cases often require expert testimony to establish the standard of care and to prove that the healthcare provider was negligent. This can include testimony from medical experts and other healthcare professionals who can provide insight into the appropriate level of care and how the healthcare provider’s actions or inactions fell short.

Statute of Limitations

It’s essential to be aware of the statute of limitations for medical malpractice cases in New York City. In New York, you have two and a half years from the date of the alleged malpractice to file a lawsuit. If you wait longer than this, you may be allowed to bring a claim.

Court and Jury

Additionally, the court and the jury also play a role in determining the outcome of a medical malpractice case. The judge and jury will weigh the evidence presented by both sides and decide based on their interpretation of the facts. The jury’s decision in medical malpractice cases is often based on their beliefs, values, and experiences. It is also important to note that the jury can award damages even if the plaintiff’s attorney doesn’t prove the case, but the jury believes the defendant is liable.

Time and Money

It’s also worth noting that medical malpractice lawsuits can be costly and time-consuming. This can deter some plaintiffs, as lawsuit costs may outweigh the potential benefits. Additionally, even if a plaintiff wins a medical malpractice lawsuit, the damages awarded may not fully compensate for the harm suffered.

Overall, the likelihood of winning a medical malpractice lawsuit in New York City depends on several factors, including your ability to establish negligence, prove causation, demonstrate damages, the skill and experience of the attorneys involved, the court and the jury, and the cost and time involved in the process. Therefore, it is important for plaintiffs to carefully consider these factors before pursuing a medical malpractice lawsuit and to have a well-prepared and experienced attorney who can help you navigate the legal process and build a strong case on your behalf.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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Medical Malpractice: When Should I Hire an Attorney?

When a patient suffers an injury due to an error on the part of a hospital, doctor, or other licensed health-care professional, this negligence is classified as medical malpractice. These mistakes and missteps may take shape as diagnostic blunders, inaccurate treatment of a condition or disease, incompetence or carelessness in continuing health management, or neglectful attention in aftercare.

It is important to note that an unfavorable outcome is not enough to establish medical malpractice, however. Did the doctor or facility fail to provide appropriate and acceptable medical care to their patient? Is there sufficient evidence to support that malpractice was committed as a result of their neglect or incompetence? Was there a professional medical relationship expectation that existed between the injured party and the offending party(s) that was breached? Is there any corroborating testimony or proof that will affirm in court that malpractice was committed and a substantial factor in causing the patient’s injuries?

Medical malpractice can present in several ways. These may include a failure to diagnose serious illnesses or conditions (including cancer), thereby misdiagnosing and/or failing to order proper testing, mistakes made during a surgical procedure, misreading diagnostic imagery including x-rays, MRI/CT scans, mammograms, PAP smears, etc., misappropriation or outright errors in dispensing prescriptions, and premature discharging of patients in their care. If you or a loved one have experienced any of these events, you may wish to consult a personal injury attorney with Daniella Levi & Associates, P.C.
In order to establish liability in a medical malpractice case, it is imperative to prove that a doctor or other health care provider deviated from the usual and customary standard of care and that this deviation from the standard of care directly resulted in causing harm to the patient. Doing so on your own can prove difficult, time-consuming, and expensive. Doctors and hospitals have well-established insurance companies who specialize in deflecting and annihilating malpractice suits. Having proper legal representation is your only recourse to ensure that your case is comprehensively established and defended against them.

New York has a statute of limitations of 2 1/2 years involving medical malpractice cases. Other negligence cases have a statute of limitations of 3 years. Sadly, many people do not even know that malpractice was committed until after the statute of limitations has expired. Your dedicated team at Daniella Levi & Associates P.C. understands that there are certain exceptions that may extend this time due to extenuating circumstances, and we know how to fight for those considerations to your benefit. Finally, we will exhaustively represent your best interest in consideration of the long-term effects that medical malpractice will have on your livelihood, income, quality of life, and well-being.

If you or your loved one has been the victim of medical malpractice resulting in continued or serious injury, contact Daniella Levi & Associates, P.C. for a professional evaluation of your case. Your first visit will be free, as we analyze the facts of your claim. It is our specialty to investigate the circumstances surrounding medical malpractice, negotiate with the other party’s insurance company, and ensure that you receive the compensation – including pain and suffering – that you deserve. Give us a call today.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their personal injury claim. To ensure that you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

For all correspondence, please use the Queens office address.

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