Medical Malpractice Attorney

We trust physicians and medical care professionals to follow the standards of their profession. Unfortunately, thousands of individuals in Long Island and across the country are injured by medical errors each year. When these errors were the result of negligence, victims may be able to file a medical malpractice claim to recover their added medical costs and other losses.

medical malpractice lawyer at work

Medical malpractice claims are difficult to pursue, and many have to end up going to court in order to seek a fair amount of compensation. The burden of proof on the injury victim is high, and the proof itself is based on professional standards, rules, and laws that may be difficult for the average person to understand.

Hiring an experienced medical malpractice lawyer in Long Island ensures that you have the resources and skillset at your disposal to build a strong case. 

TonaLaw can give you the aggressive legal representation you need to file a claim that insurers will take seriously and, if need be, fight for your case in court.

Speak with a Long Island medical malpractice lawyer for free during a no-obligation initial case review. Call 1-833-TONALAW or contact us online to schedule your free case evaluation today.

Medical Malpractice and Physician Errors Cost Thousands of Lives Each Year

250,000 patients die each year from medical errors. That’s according to a comprehensive review of patient safety data from 2007-2015 by experts from Johns Hopkins University.

Some of these errors are considered acceptable by the medical community because the treating physician followed all of the normal standards of care. Even if a doctor made a huge mistake or a risky decision if they followed protocol they may not be held responsible for the consequences of their error.

However, when physicians fail to follow the standard of patient care and that lapse in their duty of care caused harm to a patient, that patient may be able to file a medical malpractice claim. 

Sometimes, insurance companies will deny a medical malpractice claim or offer an unfair amount and refuse to negotiate. In these cases, your Long Island medical malpractice attorney will file a lawsuit and sue the insurance company to seek a fair settlement.

TonaLaw is highly experienced with trial litigation for medical malpractice lawsuits. We have tried many types of cases in various county court systems on Long Island and in NYC. We are not afraid to aggressively represent your interests and use any legal tactics available to seek the full, fair amount for your settlement.

Types of Damages Available for Medical Malpractice in Long Island

A medical malpractice settlement is supposed to compensate you for all of your costs and other losses that resulted directly from the provider’s medical error. These losses are legally referred to as “damages.”

Damages commonly awarded in a medical malpractice claim include:

  • The cost of medical treatment, past and future, for adverse conditions caused by the medical error
  • Lost income from the patient missing work because of the medical error
  • Out of pocket expenses the patient paid related to their treatment
  • The patient’s pain and suffering
  • If the patient is deceased, funeral and burial costs

Medical malpractice claims will ideally result in a settlement with the insurance company covering the offending healthcare provider.

When no settlement agreement can be reached, your attorney will attempt to resolve your case through mediation. Some cases may advance to arbitration or, preferably, a jury trial. If the injured patient (or their surviving family members) can convince the jury that the provider was negligent and that their damages are reasonable and directly related to the medical injury, then the jury will award the patient with compensation for their damages.

In some cases, medical malpractice lawsuit damages will include “punitive damages,” which is an extra part of the award that acts as a fine meant to punish the provider and send a message to others in the future.

Proving Your Medical Malpractice Claim

To succeed in your medical malpractice claim (or lawsuit), you will have to be able to prove with evidence that the medical provider acted negligently. You must also be able to show that this negligence directly caused your medical injury.

This legal process is similar to other negligence cases, which must establish four main things:

  • Duty of Care: The defendant had a duty of care to follow laws and exercise ordinary care as a reasonable person would
  • Breach: The defendant breached their duty of care, either by breaking the law, committing an act that went against their professional standard of care, or failing to act in a way that would uphold their duty of care
  • Proximate Cause of Injury: The defendant’s breach directly caused the plaintiff’s injury
  • Damages: The plaintiff’s injury resulted in financial costs and other damages that they wish to recoup through the legal system

Your lawyer will use the medical profession’s own standards of care to establish your treating provider’s duty and how they breached it. 

Standards of care in medicine are complex and vary from patient case to patient case. As such, some mistakes are considered less acceptable than others. Some mistakes also fall in a gray area, requiring the input of trained medical professionals who have a high level of knowledge of medical standards and the procedures or treatment process that should have been used.

TonaLaw works with seasoned doctors, medical administrators, and other highly educated and experienced professionals to investigate your medical accident and provide evidence that your provider violated their duty of care. We also thoroughly review all of your medical bills and other costs after your accident in order to seek the maximum amount of compensation available for your injuries.

Pi Ebook Download

Contact a Medical Malpractice Lawyer in Long Island at TonaLaw Now

You may have no idea how much your case is worth and what legal strategies are needed to help you win if you don’t use your right to appoint an attorney. Long Island medical malpractice lawyers at TonaLaw are ready and waiting to take on your case.

We never charge you for our service unless we obtain money for you.

Talk to an experienced medical malpractice attorney during a free, no-obligation consultation to learn more about your legal rights and options. 

Call 1-833-TONALAW or contact us online now to schedule your appointment.

What Our Clients Are Saying

Based on 297 reviews
powered by Google
Amber PalermoAmber Palermo
17:50 23 Dec 22
The professionalism and expertise of the TonaLaw team is unmatched. I’ve worked with Juliet and she was incredibly knowledgeable, friendly and I could tell that she cared about helping me. If you’re looking for a legal team that helps with you any problem, big or small, TonaLaw is a team you can trust.
Regan moriartyRegan moriarty
16:49 23 Dec 22
The TonaLaw team is full of wonderful and hardworking people. I have personally worked with Juliet and she is excellent. You can tell she truly cares about the work she is doing. Highly recommend.
Elizabeth MartinezElizabeth Martinez
15:42 16 Dec 22
I can not be thankful enough for the amazing experience Tonalaw has given me from the very beginning. If you are looking for a lawyer who truly cares about your case then TonaLaw is for you. The amount of time and dedication they put in a case really shows how above and beyond they go. Not to mention how sweet everyone is really makes it a pleasure to work with TonaLaw.
Beatrice CestaroBeatrice Cestaro
22:06 14 Dec 22
I am extremely satisfied and happy to have chosen Tonal Law . The whole experience was flawless And I had absolutely no issues throughout the entire process. Everyone was so helpful and on time with everything, answered any questions I had, and we’re always easily available if I had any concerns. I basically did not have to lift a finger or do absolutely anything at all but answer a few questions. I put my full trust into Tona Law and I’m happy I did so. Would for sure recommend to any of my family and friends.
Anita AbramsAnita Abrams
21:14 05 Dec 22
Tona Law was an absolute pleasure to work with. As a local ART and Custom Framing resource, we helped to enhance their new offices, with beautiful and sophisticated, well curated artwork. Tom and his team were closely involved in all of the selections, and the environment is warm and friendly, as a result. Everyone at Tona Law, is considerate and professional.
Dawn DemartinoDawn Demartino
16:25 11 May 22
From start to finish I was informed every step of the way of the status and updates of my case… the time and steps taken to resolve my case in the best possible outcome was just one of the many great things Tonalaw provided. Personal care and commitment is top notch. Thank you !!
Louis B.Louis B.
15:27 08 Apr 22
Over the last few years Tona Law has guided me through the process with clear communication throughout. They are truly a client advocate and will do everything in the best interest of the client. Cannot thank them enough for all their work done for me.
Richard WoolleyRichard Woolley
19:49 26 Mar 22
Tom Tona and his team are fantastic. They do a great job for their clients. Can't recommend them highly enough.
Stacy LofredoStacy Lofredo
23:41 24 Mar 22
Tona Law has simplified no fault medical billing in a way that allows staff to effortlessly navigate through what could be a confusing process. Their staff is knowledgeable and responsive that we never have to worry about the ever-changing regulations because they are on top of keeping up to date with any changes in keeping their clients informed which is priceless!
Ruben ReyesRuben Reyes
15:29 13 Aug 21
They responded right away and were very professional. Brittany Reyes was very helpful. Thank you for your help
Randy RodriguezRandy Rodriguez
03:24 09 Aug 21
Would highly recommend if anyone is seeking any legal advice!