Medical Malpractice 


Medical Malpractice is when a medical professional falls short in their responsibility and makes a mistake in the diagnosis, treatment or prevention of a disease or condition. There are four elements that are required for a case to be justifiable. This includes the existence of a legal duty and a breach of that duty. Also, a potential plaintiff needs to show a connection between the breach and injury and lastly measurable harm from the injury. A doctor has a legal responsibility to the patient when treating them. The doctor needs to follow something called the standard of care. The standard of care is defined by medical professionals that have performed the specific procedure. The attorney needs to be able to prove that the standard of care was broken by the doctor. This means they need to show how the doctor fell short of their responsibilities. 

Types of malpractice include misdiagnosis or failure to diagnose, incorrect surgery, discharging a patient too early, failure to order tests or act on results, not following up with patient, prescribing wrong medication or dosage, leaving things inside patients’ body after surgery, operation on wrong body part, persistent pain after surgery, among other potential errors. With every case there is a statute of limitations for how long you can wait for filing a lawsuit. In New York, by state law, a lawsuit for medical malpractice must be filed within two years and six months of the act of malpractice. The law allows for some limited extensions depending on the facts. 

If you or a loved one has experienced medical malpractice contact Rudolph Migliore for a free case evaluation. Call 631-543-3663 or visit our website We are located at 353 Veterans Memorial Highway Commack, NY 11725.