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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
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Long Island Wrongful Death Lawyers

It is every person’s worst nightmare. A loved one goes into the hospital or a surgical center, and they don’t come back. Medical malpractice happens all too often in the United States, and in the most severe cases, it can lead to death. If you’ve lost a loved one due to this negligence, please contact our Long Island wrongful death lawyers.

Long Island Wrongful Death Lawyers

According to patient safety experts and studies conducted from Johns Hopkins Hospital and the John Hopkins University School of Medicine, 251,454 patients die each year due to medical error. This translates to 9.5% of the number of deaths in the United States. According to the research team responsible for the study, this places medical errors as the third leading cause of death in the United States when involving medical care.

For perspective on just how serious a problem medical errors truly are, in 2015, there were 36,252 people killed by guns in the United States. In the same year, 36,161 people were killed in car accidents. In other words, almost 4 times as many people are killed by medical errors in the United States than by guns and car accidents combined.

Of course, these statistics are irrelevant if it is your loved one who has died as a result of medical malpractice. The Long Island wrongful death attorneys of Winkler Kurtz, LLP understand how devastating such a loss is. Our practice is devoted to helping families like yours recover compensation when negligence has led to the death of a loved one due to medical mistakes.

For more than 30 years, Winkler Kurtz, LLP has helped victims in personal injury lawsuits, including medical malpractice cases. Call us today at 631-928-8000 or contact us online to schedule a consultation with a skilled Long Island wrongful death attorney.

Holding Negligent Medical Professional Accounting for Wrongful Deaths

Medical malpractice is far too common in the United States. While most doctors and other medical professionals maintain the highest standards of case, the pressures of modern practice often mean that quality of care plummets which doesn’t help in preventing medical errors.

Common mistakes that may lead to patient deaths include:

  • Misdiagnoses;
  • Equipment malfunction;
  • Failure to communicate among treating medical professionals;
  • Surgical errors;
  • Failure to follow protocols;
  • Administering the wrong medication;
  • Neglecting to monitor the patient’s condition;
  • Delayed treatment of life-threatening conditions; or
  • Losing or mixing up patient files.

Surgical errors are an ever-increasing source of wrongful deaths. Even during a relatively minor surgery, patient might die due to:

  • Failure to provide insulin to a diabetic;
  • Anesthesia mistakes;
  • Failure to monitor a patient’s condition while in recovery;
  • Excess bleeding during surgery;
  • Surgery performed on wrong body part;
  • Wrong surgery performed on patient; or
  • Leaving surgical tools or instruments in patient.

While many families may be reluctant to file a lawsuit after the death of a loved one, one of the best ways to hold hospitals, doctors and medical staff accountable for their negligence is through litigation. A lawsuit can give families answers about what went wrong, and can help prevent others from experiencing the same tragedy.

Proving a Wrongful Death Case in New York

Medical malpractice cases, including wrongful death, involve negligence. To prove that a medical professional or hospital was negligent, you will need to demonstrate 4 elements:

  1. That the hospital or doctor owed a duty of care to the patient;
  2. That the hospital or doctor breached that duty;
  3. That the breach caused your loved one’s death;
  4. That you suffered damages or a loss as a result.

Under New York law, doctors owe patients a duty to use reasonable care and his or her best judgment during medical treatment. In addition, doctors and hospitals must provide the accepted level of care that a reasonable doctor or hospital would give under similar circumstances. To prove that the doctor or hospital breached its duty, your Long Island wrongful death attorney will request medical records and other evidence. This is especially the case when it involves hospital deaths.

In a wrongful death lawsuit, family members may be entitled to a range of damages, including medical bills, funeral costs, pain and suffering, loss of companionship, and the future income contribution to the family that the patient would have made. In cases where the doctor or hospital was grossly negligent, the family may be entitled to punitive damages, which are meant to both punish the wrongdoer and prevent further conduct of a similar kind.

There is no cap on damages in a wrongful death case in New York as a result of a death occurring. However, New York does permit an award to be reduced based on comparative fault. If the patient were partially at fault for his death, then a judgment could be reduced by the percentage that he or she was at fault.

Proving a wrongful death case for medical malpractice in New York can be complicated. This is especially true when it comes to showing that a doctor or hospital breached its duty of care and proving damages. In these cases, working with an experienced Long Island wrongful death attorney can help families as they seek justice.

How Long Island Wrongful Death Lawyers Can Help

While no amount of money will bring your loved one back, a legal claim against the parties responsible can bring financial security and give you peace of mind in knowing that you have held the wrongdoers accountable. Winkler Kurtz, LLP understands that filing a lawsuit is not an easy decision. We are here to help.

Since 1987, we have worked with families who have lost loved ones to medical malpractice. We will advocate for your best interests, and help you get the money — and answers — and you deserve. Call us today at 631-928-8000 or contact us online to schedule an appointment with our experienced Long Island wrongful death lawyers.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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