Queens Medical Malpractice Lawyers

When you or someone you love suffers harm because of a healthcare provider’s mistake, the consequences can be devastating. Medical malpractice isn’t just a legal term—it’s a life-altering event that leaves families struggling with pain, financial strain, and uncertainty about the future. In Queens, NY, where hospitals and medical professionals serve millions, errors can and do happen. If you believe you’ve been a victim of medical negligence, you need a legal team that understands the complexities of these cases and fights relentlessly for justice.

At Gencarelli & Rimassa Law Firm, our Medical Malpractice Lawyers in Queens NY have spent years holding negligent doctors, nurses, and hospitals accountable. We know how overwhelming this process can be, especially when you’re already dealing with the physical and emotional fallout of a medical error. That’s why we combine legal expertise with genuine compassion, guiding you every step of the way while aggressively pursuing the compensation you deserve.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider—whether a doctor, nurse, surgeon, or hospital—fails to meet the accepted standard of care, resulting in harm to a patient. The “standard of care” refers to the level of skill, knowledge, and treatment that a reasonably competent professional in the same field would provide under similar circumstances. When a provider deviates from this standard, and that deviation causes injury, it may constitute medical negligence.

However, not every bad outcome is malpractice. Medicine is an imperfect science, and complications can arise even when a provider acts responsibly. To prove medical malpractice, you must demonstrate four key elements:

• Duty of Care: The healthcare provider owed you a duty of care (e.g., a doctor-patient relationship existed).
• Breach of Duty: The provider failed to meet the standard of care (e.g., misdiagnosis, surgical error, medication mistake).
• Causation: The breach directly caused your injury (e.g., a delayed diagnosis led to advanced cancer).
• Damages: You suffered measurable harm (e.g., medical bills, lost wages, pain and suffering).

Proving these elements requires medical records, expert testimony, and a deep understanding of both medicine and the law. That’s where our Queens medical malpractice attorneys come in. We work with top medical experts to build a compelling case on your behalf.

Common Types of Medical Malpractice Cases in Queens

Medical negligence can take many forms, and the injuries it causes are often severe. Some of the most common types of medical malpractice cases we handle include:

Surgical Errors

• Wrong-site surgery (operating on the wrong body part).
• Leaving surgical instruments or sponges inside a patient.
• Anesthesia errors (too much, too little, or improper monitoring).
• Nerve damage or organ perforation during surgery.

Misdiagnosis or Delayed Diagnosis

• Failing to diagnose cancer, heart disease, or infections in time.
• Misreading lab results, X-rays, or MRIs.
• Discharging a patient too soon, leading to worsening conditions.

Birth Injuries

• Failure to monitor fetal distress, leading to oxygen deprivation (hypoxic-ischemic encephalopathy).
• Improper use of forceps or vacuum extractors, causing brain damage or cerebral palsy.
• Delaying a necessary C-section, resulting in birth trauma.
• Medication errors during pregnancy or labor (e.g., Pitocin misuse).

Medication Errors

• Prescribing the wrong medication or dosage.
• Failing to check for drug allergies or interactions.
• Administering medication incorrectly (e.g., IV errors).

Hospital Liability

• Understaffing leading to neglect (e.g., bedsores, falls, infections).
• Failure to properly train or supervise staff.
• Inadequate sanitation, causing hospital-acquired infections (e.g., MRSA, sepsis).

Failure to Obtain Informed Consent

• Performing a procedure without explaining risks, alternatives, or potential complications.
• Pressuring a patient into treatment without full disclosure.

If you or a loved one has suffered due to any of these errors, you may have a valid medical malpractice claim. The first step is speaking with an experienced medical negligence lawyer in Queens who can evaluate your case and explain your legal options.

How Is Liability Proven in a Medical Malpractice Claim?

Proving liability in a medical malpractice case is complex. Unlike a car accident, where fault may be obvious, medical negligence often requires a deep dive into medical records, expert opinions, and industry standards. Here’s how our Queens medical malpractice lawyers build a strong case:

1. Gathering Medical Records and Evidence

We start by obtaining all relevant medical records, including:

• Doctor’s notes and treatment plans.
• Surgical reports and anesthesia records.
• Lab results, imaging studies (X-rays, MRIs, CT scans).
• Hospital policies and staffing logs.
• Medication administration records.

These documents help us identify deviations from the standard of care and establish a timeline of events.

2. Consulting Medical Experts

New York law requires that medical malpractice claims be supported by an expert’s affidavit. We work with board-certified physicians, surgeons, and specialists who review your records and provide sworn testimony about:

• What the standard of care required in your situation.
• How your provider’s actions fell short.
• How the negligence directly caused your injuries.

These experts are crucial in proving causation—a key hurdle in many malpractice cases.

3. Establishing Causation

Even if a provider made a mistake, we must prove that the error directly caused your harm. For example:

• If a doctor misdiagnosed your cancer, we’d need to show that the delay in treatment allowed the disease to progress.
• If a surgeon nicked an artery during a procedure, we’d need to demonstrate that the resulting blood loss caused permanent damage.

This often requires testimony from multiple experts, including specialists in the same field as the negligent provider.

4. Calculating Damages

Medical malpractice cases can result in significant economic and non-economic damages, including:

• Economic Damages: Medical bills (past and future), lost wages, rehabilitation costs, and out-of-pocket expenses.
• Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
• Wrongful Death Damages: Funeral expenses, loss of companionship, and loss of financial support (if the malpractice resulted in death).

Our team works with economists, life-care planners, and vocational experts to ensure every loss is accounted for.

5. Negotiating with Insurance Companies

Hospitals and doctors are typically defended by aggressive insurance companies that will try to minimize or deny your claim. We handle all communications with insurers, countering lowball offers and fighting for a fair settlement. If they refuse to negotiate in good faith, we’re prepared to take your case to trial.

Statute of Limitations for Medical Malpractice in New York

Time is critical in medical malpractice cases. New York has strict deadlines, known as the statute of limitations, for filing a claim. If you miss this window, you may lose your right to compensation forever.

General Deadline

In most cases, you have 2 years and 6 months from the date of the malpractice or from the end of continuous treatment by the same provider to file a lawsuit. For example:

• If a surgeon operated on you on January 1, 2023, and the error was discovered immediately, you’d have until July 1, 2025, to sue.
• If you were treated by the same doctor for a related condition until June 1, 2023, the clock would start on that date.

Exceptions to the Rule

There are important exceptions that may extend or shorten the deadline:

• Foreign Objects: If a surgical instrument or sponge was left inside you, you have 1 year from the date of discovery (or when it reasonably should have been discovered) to file a claim.
• Minors: If the victim was under 18 at the time of the malpractice, the statute of limitations is paused until their 18th birthday. They then have until their 20th birthday (or 2.5 years from the malpractice, whichever is later) to sue.
• Wrongful Death: If malpractice resulted in death, the family has 2 years from the date of death to file a claim.
• Discovery Rule: In rare cases where the malpractice wasn’t immediately discoverable (e.g., a misdiagnosis that went unnoticed for years), the court may allow an extension. However, New York does not have a broad “discovery rule” like some other states, so it’s critical to act quickly.

Because these deadlines are complex, it’s essential to consult a medical malpractice lawyer in Queens NY as soon as possible. The sooner we start investigating your case, the stronger your claim will be.

Why Hiring an Experienced Medical Malpractice Lawyer Matters

Medical malpractice cases are among the most challenging in personal injury law. Hospitals and doctors have teams of lawyers and insurance adjusters working to protect their interests—not yours. Without skilled legal representation, you risk:

• Having Your Claim Denied: Insurers often argue that the provider’s actions were within the standard of care or that your injuries weren’t caused by negligence.
• Receiving a Lowball Offer: Insurance companies may offer a quick settlement that doesn’t cover your long-term needs, hoping you’ll accept before realizing the full extent of your damages.
• Missing Critical Deadlines: Failing to file paperwork on time or comply with procedural rules can result in your case being dismissed.
• Facing Intimidation Tactics: Providers and their legal teams may try to shift blame onto you or pressure you into dropping your claim.

An experienced Queens medical negligence attorney levels the playing field. Here’s how we help:

1. Thorough Investigation

We leave no stone unturned. Our team:

• Obtains and reviews all medical records.
• Consults with top medical experts to identify deviations from the standard of care.
• Gathers witness statements and other evidence to support your claim.

2. Aggressive Negotiation

We don’t settle for less than you deserve. Our lawyers are skilled negotiators who know how to counter insurance company tactics and demand fair compensation for:

• Medical expenses (past, present, and future).
• Lost wages and diminished earning capacity.
• Pain and suffering, emotional distress, and loss of quality of life.
• Wrongful death damages (if applicable).

3. Trial-Ready Preparation

While many cases settle out of court, we prepare every case as if it’s going to trial. This approach sends a clear message to the defense: we’re ready to fight for you in front of a jury if necessary. Our track record of success in the courtroom gives us leverage during negotiations.

4. Compassionate Guidance

We understand that this is a difficult time for you and your family. Our team provides:

• Clear, honest communication about your case’s strengths and challenges.
• Support in accessing medical care and resources while your case is pending.
• A commitment to treating you with dignity and respect throughout the process.

What Is My Medical Malpractice Case Worth?

One of the most common questions we hear is, “How much is my case worth?” The answer depends on the specifics of your situation, including the severity of your injuries, the impact on your life, and the degree of negligence involved. While no lawyer can guarantee a specific outcome, medical malpractice cases in Queens often result in substantial compensation for:

Economic Damages

These are tangible, quantifiable losses, such as:

• Medical Expenses: Hospital bills, doctor visits, surgeries, medications, physical therapy, and future medical care.
• Lost Wages: Income you’ve already lost due to your injury, as well as future earnings if you’re unable to return to work.
• Rehabilitation Costs: In-home care, assistive devices (wheelchairs, prosthetics), and modifications to your home (ramps, grab bars).
• Out-of-Pocket Expenses: Transportation to medical appointments, childcare, and other costs incurred because of your injury.

Non-Economic Damages

These compensate for intangible losses that don’t have a dollar value but significantly impact your life:

• Pain and Suffering: Physical pain, discomfort, and emotional distress caused by the malpractice.
• Loss of Enjoyment of Life: Inability to participate in hobbies, activities, or relationships you once enjoyed.
• Disfigurement or Scarring: Permanent physical changes that affect your self-esteem and quality of life.
• Emotional Distress: Anxiety, depression, PTSD, and other mental health challenges resulting from the malpractice.

Wrongful Death Damages

If medical negligence resulted in the death of a loved one, surviving family members may be entitled to:

• Funeral and Burial Expenses: Costs associated with laying your loved one to rest.
• Loss of Financial Support: The income and benefits the deceased would have provided.
• Loss of Companionship: The emotional support, guidance, and love the deceased would have offered.
• Pain and Suffering of the Deceased: Compensation for the pain your loved one endured before passing.

Punitive Damages (Rare Cases)

In cases of extreme recklessness or intentional misconduct, a court may award punitive damages to punish the wrongdoer and deter similar behavior. These are rare in medical malpractice cases but may apply if, for example, a provider intentionally falsified records or engaged in fraud.

Factors That Influence Case Value

Several factors can affect the potential value of your claim:

• Severity of the Injury: Permanent disabilities, chronic pain, or life-threatening conditions typically result in higher compensation.
• Impact on Daily Life: Cases where the victim can no longer work, care for themselves, or enjoy life as before tend to have higher non-economic damages.
• Degree of Negligence: Gross negligence (e.g., operating on the wrong patient) may lead to higher awards than a simple mistake.
• Strength of Evidence: Clear documentation of the malpractice and its consequences strengthens your case.
• Insurance Policy Limits: The at-fault provider’s insurance coverage may cap the amount you can recover.

At Gencarelli & Rimassa Law Firm, we work with economists, life-care planners, and medical experts to calculate the full extent of your damages. Our goal is to ensure you receive compensation that reflects the true cost of the malpractice—not just what the insurance company wants to pay.

Why Choose Gencarelli & Rimassa Law Firm as Your Queens Medical Malpractice Lawyers

Not all personal injury lawyers have the experience or resources to handle medical malpractice cases. These claims require a unique combination of legal skill, medical knowledge, and tenacity. Here’s what sets our firm apart:

1. Decades of Experience in Medical Malpractice

Our attorneys have spent years representing victims of medical negligence in Queens and across New York. We understand the tactics hospitals and insurers use to avoid liability, and we know how to counter them. Our experience spans:

• Surgical errors and anesthesia mistakes.
• Birth injuries and cerebral palsy cases.
• Misdiagnosis and delayed diagnosis claims.
• Hospital negligence and medication errors.
• Wrongful death due to medical malpractice.

2. A Proven Track Record of Results

While past results don’t guarantee future outcomes, our firm has secured substantial settlements and verdicts for clients in complex medical malpractice cases. We’re proud of the trust our clients place in us and the results we’ve achieved on their behalf.

3. Access to Top Medical Experts

Building a strong medical malpractice case requires testimony from respected medical professionals. We have established relationships with board-certified physicians, surgeons, and specialists who can provide the expert opinions needed to prove negligence and causation.

4. Personalized, Compassionate Representation

We know that no two cases are alike. That’s why we take the time to listen to your story, understand your goals, and tailor our approach to your unique needs. You’re not just a case number to us—you’re a person who deserves justice and support during one of the most difficult times of your life.

5. No Upfront Fees—We Only Get Paid If You Win

Medical malpractice cases can be expensive to litigate, with costs including expert witness fees, court filings, and medical record retrieval. We believe that financial barriers shouldn’t prevent you from seeking justice. That’s why we work on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we recover compensation for you. If we don’t win, you owe us nothing.

6. Aggressive Advocacy, Whether in Settlement or Trial

While we always strive to resolve cases fairly through negotiation, we’re prepared to take your case to trial if that’s what it takes to secure the compensation you deserve. Our trial experience gives us an edge in settlement discussions, as insurance companies know we’re not afraid to fight for our clients in court.

7. Local Knowledge and Reputation

As a Queens-based law firm, we have deep ties to the community and a thorough understanding of the local courts, judges, and legal landscape. Our reputation for integrity and professionalism means that opposing counsel and insurance adjusters take our cases seriously.

Take the First Step Toward Justice Today

If you or a loved one has been harmed by medical negligence, you don’t have to face this alone. The Medical Malpractice Lawyers in Queens NY at Gencarelli & Rimassa Law Firm are here to help you navigate the legal process, hold the responsible parties accountable, and secure the compensation you need to move forward.

Time is of the essence. New York’s statute of limitations means you have a limited window to take action. The sooner you reach out, the sooner we can begin investigating your case, gathering evidence, and building a strong claim on your behalf.

Don’t let a healthcare provider’s mistake define your future. Contact us today for a free, confidential consultation. We’ll review your case, answer your questions, and explain your legal options—with no obligation. Call us now at (201) 549-8737 to schedule your consultation. Justice starts with a single call.