New York Medical Malpractice Lawyer
Every year, thousands of people are seriously injured because of medical mistakes. Known as medical malpractice, these unnecessary errors can take place in medical clinics, hospitals, or when receiving care from any other type of medical specialist.
Mistakes in healthcare have the potential to become life-changing, leading to pain and suffering, outstanding medical bills, and loss of income.
If you believe a doctor deviated from accepted medical practice, and you suffered an injury due to a preventable mishap, you may be eligible for compensation. A skilled New York medical malpractice lawyer could evaluate your case and fight to hold the appropriate medical professional(s) accountable for their actions. Reach out to an experienced personal injury attorney today.
The Basic Elements of a Medical Malpractice Claim
Medical malpractice is defined as any act by a healthcare professional during treatment of a patient that strays from the established standard of care in the medical community and causes an injury to the patient. Medical malpractice is broken down into four crucial elements:
- Duty
- Breach
- Causation
- Damage
The patient needs to establish that the healthcare professional had a duty of care to the patient, which can be met by showing that a doctor/patient relationship was present during the time of the accident.
The injured plaintiff must prove that the physician breached this duty. This generally involves a review of the accepted standard of care and may also require the assistance of an expert medical witness. The patient must also show that the doctor’s failure was the direct cause of the injury.
Lastly, the plaintiff must establish that the medical malpractice resulted in an injury. The court can use various calculations to determine compensation, which is designed to help make the patient whole again.
In New York, if an injured plaintiff goes to trial and is found to be partially liable for their injuries, the court may reduce the overall damages award. New York adheres to a pure comparative negligence rule. As a result, if the victim bears some amount of fault in the malpractice case, the compensatory damages are diminished in proportion to their percentage of the blame. For more information about negligence and recovering damages, get in touch with a knowledgeable lawyer.
What is the Deadline for Filing a Medical Malpractice Claim?
According to New York medical malpractice law, a claim must be filed within two years and six months of the alleged malpractice.
The discovery rule is an exception to the standard deadline in situations where the injured plaintiff could not reasonably have learned that there was a viable medical malpractice case. The rule only applies to cases where a foreign object, such as a bandage or a medical instrument, was left in the patient’s body. The malpractice lawsuit may be filed within one year of the date of the discovery of the foreign object, or within one year of the date of discovery of facts. Fortunately, a medical malpractice lawyer in New York could help an injured victim with filing a claim promptly.
If an injured patient does not file a medical malpractice lawsuit before the deadline passes, they lose their right to sue the healthcare provider, unless they fall within one of the exceptions defined under New York Civil Practice Law and Rules section 214-a.
For instance, the statute of limitations deadline may be extended if the healthcare provider left the state or country after committing the malpractice, or if the victim of malpractice was mentally disabled or mentally ill.
Contact a New York Medical Malpractice Attorney Today
Proving negligence in suspected medical malpractice cases can be difficult for the victim. Many healthcare professionals may argue that a patient had underlying medical conditions or look to disprove the claim by other means.
Retaining professional legal representation is highly advisable, as it means that you will have a trusted New York medical malpractice lawyer assisting you with evaluating your claim and fighting to hold the healthcare professional accountable for their actions.
