Medical malpractice happens when a person experiences harm from being treated by a medical professional. This harm can be physical as well as emotional. It occurs when a medical professional fails to meet an established standard of medical care.
Statute Of Limitations
This is how much time a person has to file a claim for a medical malpractice lawsuit. The laws in New York covering medical malpractice provide individuals with up to two and a half years. The statute of limitations starts when the act that caused the injury occurs. It also can start at the end of a term of treatment that caused an injury. An exception in New York is if a physician or healthcare professional leaves a foreign object in a person’s body. It’s possible for a person to make a claim at any time but must do so within twelve months after the foreign object is detected.
Standard Of Care
This is an accepted level of care a medical professional must follow. What a standard of care involves will be based on a number of different factors. This could include the patient’s specific ailment, age, previous medical conditions and more. The goal of a medical malpractice lawyer will be to show a healthcare professional breached a standard of care resulting in their client experiencing an injury. This could involve everything from prescribing the incorrect medication to mistakes made during surgeries and more.
If a person is not satisfied with their treatment or the results, it does not necessarily mean a medical professional was negligent. A medical professional’s negligence involves the diagnosis as well as treatment of a patient. It has to be shown that a medical professional caused a patient harm doing things a competent medical professional, under the same circumstances, would not have done. The care provided is not required to be the best possible. It must be careful and performed with an accepted level of skill. Determining this is usually at the center of most medical malpractice cases.
A medical malpractice attorney must first establish there was a patient and healthcare professional relationship. This means a patient asked to be treated by a healthcare professional, and they agreed to provide the treatment. Proving such a relationship existed can be easy. A problem arises when it comes proving the involvement of a consulting healthcare professional. These individual may not have directly treated the patient but provided instructions concerning a diagnosis or course of treatment.
A medical malpractice lawyer will try and get fair compensation for their client’s injuries. This could involve compensatory damages such as lost wages as well as future lost wages. All past and future medical expenses must be covered. There could also be compensation for the past as well as future pain and suffering. This is considered non-economic damages. If a medical professional is found to have been extremely reckless, punitive damages may be made available to a victim.
A medical malpractice attorney will know all of the necessary legal documents required to file a medical malpractice lawsuit.
This is a legal document where a person will claim they have experienced injuries as a result of being the victim of medical malpractice. In the complaint, the medical professional responsible for the injuries will be asked to be held responsible. The complaint will provide details about the nature of the injuries. It will also request an award for their medical malpractice injuries.
This is a legal document that formally notifies a medical professional they are being sued for medical malpractice. It must contain the name and address of the person being sued. A summons must also list the state and county as well as court where the lawsuit is being filed.
CERTIFICATE OF MERIT
In the state of New York, a person or their attorney has to also file a certificate of merit. This informs a court that a medical professional has reviewed the plaintiff’s medical records and determined the claim has merit. It can also inform that a plaintiff has had insufficient time or was unable to have their medical records reviewed.
Medical Malpractice Lawyer
In most cases, a person’s case will be taken on a contingency fee basis. This means a medical malpractice lawyer won’t get paid unless they win the case. An experienced attorney will know what a person can expect when they pursue fair compensation for their injuries.