New York Medical Malpractice
In New York medical malpractice is a civil cause of action available to patients injured by medical negligence on the part of their healthcare provider. Medical malpractice may be commonly referred to as "med mal" or medical negligence. When a healthcare provider fails to act consistent within the accepted standard of care set by the profession and as a result causes harm to a patient, the patient should consult a New York medical malpractice attorney for a possible med mal claim. Common instances leading to medical malpractice claims include:
There are a variety of other instances of medical negligence that can give rise to a med mal action, and a patient who has been harmed after treatment from a healthcare provider in New York should consult a New York medical malpractice attorney.
Who Can Commit Medical Malpractice in New York
A patient alleging medical malpractice may file a suit against a healthcare provider. A healthcare provider is any person or entity"employed or otherwise involved in the provision of healthcare or treatment." This can include an individual such as a physician, nurse, dentist, or medical specialist. The law also includes institutions such as hospitals, nursing homes, or other healthcare facilities. For questions on whether or not an injured patient can file suit against a specific person or entity, contact a New York med mal attorney.
New York Medical Malpractice Statute of Limitations
A medical malpractice action in New York must be brought within 2.5 years of the act or omission that led to the patient's injury, or, in the event of continuous treatment, within 2.5 years of the conclusion of treatment. In cases where a foreign object has been left in the patient's body as a result of the medical malpractice, the patient has 1 year from the date of discovery of the object to file the claim. Consult a New York medical malpractice lawyer for questions about when a particular statute of limitations has commenced, and the date a claim must be filed by.
Damage Limitations on Medical Malpractice Claims in New York
New York does not place a damages cap on medical malpractice claims. However, many of the types of medical malpractice claims have specific requirements about who qualifies as a plaintiff. Plaintiffs considering a medical malpractice claim should consult a New York med mal lawyer to ensure they qualify, and to set a damage request prior to filing suit.
How to File a Medical Malpractice Claim in New York
Any potential plaintiff seeking to file a medical malpractice claim in New York should consult a med mal attorney immediately. The process of filing a medical malpractice claim in New York requires a technical knowledge of legal procedures, and includes a standard step of requiring that an attorney file a Certificate of Merit of the claim prior to a court hearing the action. The Certificate of Merit must be filed after a medical malpractice attorney has reviewed the case, consulted, or made a good effort to try to consult, a medical professional who has knowledge of the type of case the plaintiff has, and signed the certificate stating the plaintiff's claim is legitimate. Additionally, a plaintiff can be sure that the defendantís insurance company will prepare a well-crafted defense will defend the defendant healthcare providers. A medical malpractice attorney ensures a plaintiff's claim will be more likely to advance past potential procedural issues that could stall or dissolve the case before settlement negotiations or trial occur. If considering a medical malpractice claim in New York, consult a medical malpractice attorney prior to taking any action.
New York Statutes