New York Medical Malpractice
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UPDATED: Jan 5, 2020
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The numbers are alarming. Some studies suggest that while up to 5 % of hospitalizations are subject to some form of medical malpractice, only 1 in 8 patients will file a lawsuit. Medical malpractice originates in negligent behavior of a health care professional and can result in serious, even life-threatening consequences. Whether related to misdiagnosis, failure to act or treat, dangerous hospital conditions or an unsanitary environment, this much is clear: medical malpractice presents serious dangers to patients. And New York is no exception.
Time Limit for Filing a Lawsuit in New York
The state of New York requires that personal injury and malpractice lawsuits be brought within 3 years of injury or discovery of injury. This means that the clock starts ticking on the day of injury – scary news given the complexity and length of some New York medical malpractice investigations. This means that it’s vital to contact an experienced New York medical malpractice attorney as soon as possible after discovering the malpractice.
Proving Negligence in New York Medical Malpractice Cases
Proving fault in a New York medical malpractice case requires consideration of a number of elements. The theory of negligence is key: in order to prove that medical malpractice did in fact occur, the victim must demonstrate that the medical professional was legally obligated to exercise due care when providing medical assistance to the patient, that the professional failed to carry out this duty in some capacity, and that this failure to provide care within standard parameters caused the injury or injuries. Some margin of error is to be expected, even in modern medicine – after all, every patient assumes risks when seeking medical care. This can become even more complicated in medical malpractice cases involving patients with long-term or multiple medical problems.
Proving that a doctor violated a professional standard of care is by far the most complicated factor in a New York medical malpractice lawsuit. Not only must it be proven that a standard was in place, it must also be proven that the professional failed to live up to that standard. This usually requires expert testimony from witnesses who can demonstrate the standard of care in the medical field in question. And it requires a New York medical malpractice attorney who knows and works with experienced and credible expert witnesses.
Prevailing in a New York Medical Malpractice Lawsuit
There are many obstacles to winning a New York medical malpractice case. Insurance companies are in the business of winning medical malpractice claims, which can be intimidating and costly for victims. And it has been shown that, while plaintiffs usually win personal injury cases about 50% of the time, only 25% of all medical malpractice cases are won. However, there is good news: New York does not limit or cap medical malpractice damages, allowing winning cases to claim fair compensation for injuries, expenses and future medical care. And a competent New York medical malpractice lawyer can help navigate these complex legal waters.
While there are no guarantees in medicine or medical malpractice cases, it’s a good idea to consult with a New York medical malpractice attorney if you feel you have been injured as a result of the negligence of medical personnel.