When an indiviudal has been injured because of a healthcare professionals misconduct, then he or she may have grounds to file a medical malpractice claim. Each state has different laws based on medical malpractice, so a New York resident should have an understanding of medical malpractice laws in New York before filing a lawsuit. For those who have questions about medical malpractice, they should contact a medical malpractice lawyer who understands the laws in New York.
What is Medical Malpractice?
In most cases, medical malpractice occurs when a healthcare professional breaches or violates the standard of care that results in the injury or death of the individual who was receiving care. To be considered medical malpractice, an individual will need to prove the healthcare professional breached or violated the standard of care, and the breach or violation was the cause of the patient’s injury. In order to file a medical malpractice lawsuit, an individual will need to prove the following:
Some examples of common medical malpractice cases include improper treatment and diagnosis, mistakes with prescriptions, failure to monitor, failure to diagnosis or misdiagnosis, surgical errors, failure to inform a patient of any risks that can occur during a specific procedure.
Medical Malpractice Statue of Limitations
If an individual feels he or she is a victim of medical malpractice, then it is imperative to seek legal representation immediately. Statue of limitations is how long an indiviudal has to take legal action. There is a statue of limitations set for medical malpractice in New York. If an individual takes action after the statue of limitations, then he or she will not be able to file a lawsuit in court. In New York, the statue of limitations for medical malpractice is two-and-a-half years from the date of the incident. For foreign object cases, an indiviudal has one year after the object was discovered to file a lawsuit. Foreign object cases involve a doctor leaving a foreign object in a patient after a surgical procedure.
Medical Malpractice Damages
When an indiviudal has suffered from medical malpractice, New York has laws set in place that limits the amount an individual can receive if he or she files a lawsuit against a healthcare professional for medical malpractice. When an individual receives compensation for medical malpractice, it is known as damages.
In the state of New York, there are three primary damages that are available to victims of medical malpractice. These damages provide compensation to a victim to cover medical costs or lost wages that occurred from medical malpractice. The three types of damages are known as compensatory damages, non-economic damages, and punitive damages.
Compensatory damages are provided to victims of medical malpractice that will cover medical costs and lost wages because of time off of work due to the injury.
Non-economic damages are provided to victims of medical malpractice that will compensate them for pain and suffering and other related issues.
Punitive damages are provided to some victims of medical malpractice. In order to receive punitive damages, an indiviudal must prove the healthcare professional acted in a reckless manner that could include malice or fraudulent behavior.
What to do if You are a Medical Malpractice Victim
If you feel that you are a victim of medical malpractice, then you should seek help from an experienced attorney as soon as possible. Be sure to keep a detailed record of what happened during the incident, which will help your case. Healthcare professionals who did not meet the standard of care, which resulted in the injury of a patient, should be held accountable for their actions. Although filing a lawsuit can be stressful, an experienced medical malpractice attorney has the knowledge that is needed to get the compensation that you deserve.
Anyone who goes into the doctor’s office, emergency room, dental office, or any other practitioner’s office expects to be treated with a certain standard of care. This standard of care is high, because doctors and medical personnel are highly trained, educated, and experienced. They’re working to save lives and keep people healthy, and their patients expect that their doctors and medical staff will do anything and everything to keep them healthy, well, and alive. Patients expect their doctors will read their lab results and charts correctly, know what needs to be done, and diagnose them as quickly and accurately as possible.
When a doctor or other medical professional fails to provide this exceptional standard of care, it can be considered medical malpractice. This occurs when a doctor’s error causes a patient exceptional harm or even death, and it happens more often than people care to admit. If you or a loved one are the victim of a medical malpractice incident, an experienced Staten Island medical malpractice attorney can help you decide which path to take to secure damages for your financial future.
What is Medical Malpractice?
Doctors make mistakes, and sometimes patients suffer because of that. However, that doesn’t make it medical malpractice. The world of medicine is highly personal, and it’s dangerous. Some patients don’t respond well to specific treatments or drugs, sometimes tests miss things, and sometimes mistakes are made that are out of the doctor’s hands. On the other hand, sometimes the misinformation, mistake, or misdiagnosis is a result of a doctor who simply misread information or didn’t do their job correctly.
– Delayed medical treatment
– Doctors using drugs or alcohol when with a patient
– Anesthesia accidents
– Failure to diagnose
– Surgical negligence
– Medication error
– Wrongful death
These are just a few examples of medical malpractice. It’s such a diverse area of the law. A doctor whose nursing staff mixes up patient files when inputting information into the computer can put a patient in a dangerous situation if the mistake is not realized and corrected, and it can be considered medical malpractice. A doctor who shows up after having a few drinks to work an emergency case could be accused of malpractice if the patient dies. Many instances are the result of malpractice, but the law is so specific yet so vast regarding medical malpractice that it takes an experienced attorney to determine which cases are relevant and which are not.
An attorney’s job is to prove three things when handling any malpractice case.
– The patient and doctor did have a working relationship
– The standard of care provided by the doctor was not within the realms of reasonable
– The fact that the doctor breached their duty of care and this is the reason the patient is now injured, sick, or dead
Proving a doctor was wrong in their actions is not always easy, and it’s not for the faint of heart. Experienced Staten Island medical malpractice attorneys are not just knowledgeable about the law. They are also knowledgeable about the medical profession.
Medical Malpractice Damages
When medical malpractice occurs, it can be devastating. Patients can become paralyzed, lose a body part, fall into a coma, or even die. Damages from a medical malpractice suit might include:
– Medical expenses
– Pain and suffering
– Loss of wages
– Loss of job
– Long-term medical care
– Medical rehabilitation
– Funeral expenses
– Wrongful death
An experienced medical malpractice attorney retains expert opinions, medical files, medical laws, witness statements, and they work to prove that a doctor was not within the realm of reasonable care when he or she was working on a patient. If they can prove this is true, the doctor and their attorneys and insurance company might offer a settlement amount to ensure their license and their reputation are not tarnished by this fact. This amount of money must be approved by you, and it must cover the cost of the financial damages you or your loved one incurred as a result of the medical malpractice.
New York law requires patients filed their malpractice claims in a timely fashion. Waiting too long allows the statute of limitations to pass, and victims of malpractice are no longer able to seek damages. Don’t wait to call an expert attorney in Staten Island.