When a medical professional fails to uphold the standard of care that is expected, they could find themselves at the end of a medical malpractice lawsuit. All medical professionals have the responsibility and duty to provide safe and quality care to their patients. Unfortunately, that standard is sometimes breached or violated. If a medical professional, such as a doctor, nurse, physician, surgeon, psychiatrist, or dentist fails or neglects to perform their duties, the outcome can be dire. Sadly, the patient seeking the services is the one who suffers the consequences.
Medical malpractice can consist of errors in diagnosis, treatments, and medical prescriptions. It can also be the result of negligence. If a health care practitioner neglects telling their patients of a diagnosis or does not perform a treatment that is on par with other similar medical services, a medical malpractice suit can follow if the patient becomes harmed or injured.
When a medical or health care professional deviates from the standard of care established for their profession because of a negligent act or omission, and the deviation caused injury to a patient, that is medical malpractice. In the United States, medical malpractice law is under the authority of the individual states. In other words, a malpractice case in New York is governed by New York state laws.
An injured patient in New York may file a medical malpractice case against any licensed health care provider such as a medical doctor, nurse practitioner, dentist, or other health care professional. There is a time period, known as the statute of limitations, for filing a medical malpractice claim in New York for medical, dental, and pediatric malpractice. The injured party has two years and six months from the date of the malpractice, or from the end of continuous treatment by the medical professional to file a civil suit for medical malpractice for monetary damages. It is important to know that in New York, the statute of limitations clock does not begin until the injury was or should have been discovered.
When bringing a medical claim against a healthcare professional, the burden of proof rests on you. When proving medical negligence, you and your attorney will be required to prove every element of the case using the information gathered during discovery.
New York recognizes comparative negligence law which means that any damages awarded by a court are reduced in proportion to your contribution to your injury. You are able to recover damages even if you are found to be 99% at fault for the injury. While this law makes it easier for you to recover damages, it makes personal injury cases, including medical malpractice, claims more complicated.
If you are successful in your medical malpractice claim, you are awarded damages according to the comparative negligence laws of New York. There are two categories of damages in medical malpractice. Compensatory damages are intended to compensate you for your injury and include actual damages for medical bills, medications, nursing care, physical therapy, and lost wages because of your inability to work. General damages are intended to compensate you for events that are hard to value such as pain and suffering, loss of consortium, future medical expenses, and the loss of future wages.
A third category of damages is known as punitive damages that are intended to punish the individual for intentional reckless or wanton behavior. An example of punitive damages in a medical malpractice case is a when a doctor changes information in medical records to cover up an error that led to harm or death to a patient.
Initiating a medical malpractice lawsuit requires the skills of an expert medical malpractice lawyer to prepare the case for litigation for the civil court in the event that you are unable to reach a settlement. The process is multifaceted that includes depositions, written interrogatories, document production, expert witness reporting and testimony and myriad forms and filings.
The Law Office of Sharon L. Silver is a highly respected law firm that is known for excellence in medical malpractice law and litigation. Having a top-rated medical malpractice attorney like Sharon Silver is critical to obtain the compensation you deserve for your injuries.
Medical malpractice is a serious situation. If you or a loved one has a medical malpractice claim on your hands, you will need a practiced medical malpractice injury attorney to help guide your case. Our firm has the resources and knowledge to support your case. Let us stand with you and help recover the maximum amount for your injury. Contact the Law Office of Sharon L. Silver for a personalized consultation.
What Would Be Considered Medical Malpractice In New York?
Medical malpractice cases show a deviation from the accepted medical standards in the community. The doctor, in other words, acted unreasonably. You have to show that the doctor’s actions or inactions were a deviation from the standard or were not reasonable, and to establish that, you need to bring in expert testimony from another doctor…Read more
Call Now For A Confidential Case Evaluation