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New York Medical Malpractice Lawyer.

Medical Malpractice Lawyer in New York

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Medical Malpractice Lawyer in New York

Doctors and medical professionals are highly trained individuals with whom we entrust our lives and health. In some cases, these professionals make mistakes that can permanently alter, or even end, the life of one of their patients.

If you or a loved one has been the victim of medical malpractice, you may be able to hold that negligent medical professional liable for your injuries. A medical malpractice lawyer in New York can help.

What constitutes medical malpractice?

In general, medical malpractice occurs when a doctor or medical professional makes a mistake or commits an act of negligence that can include:

  • A prescription error
  • Emergency room negligence
  • Delay or misdiagnoses of an illness which has serious consequences
  • A surgical error which results in injury, disability, or death
  • Neonatal mistakes or negligence which result in birth injuries that lead to exorbitant medical expenses for the child’s life

To win a lawsuit for medical malpractice, you will have to prove four elements:

  1. The medical professional you are suing owed you a duty of care.
  2. The medical professional violated the standard of care.
  3. The injury was definitively caused by the substandard conduct you received, instead of by an underlying medical condition or another contributing factor.
  4. You have compensable damages resulting from your injury, such as additional medical expenses, loss of wages, disability, or death.

Medical malpractice can be a complicated case to prove, because many physicians will argue that the injuries sustained were the result of extraneous factors or underlying medical conditions. To contradict these assertions, you must hire an expert witness to review evidence and provide medical opinions on the injuries. An attorney can get you in contact with an expert witness that can assist with your case.

What is the standard of care?

In New York, the “locality rule” dictates a doctor’s standard of care. This rule states that when a physician enters into a doctor/patient relationship, he is expected and obligated to possess a “reasonable degree of learning and skill that is ordinarily possessed by physicians and surgeons in the locality where he practices.”

What this means is that a doctor’s level of care provided is not measured against what physicians around the country provide, but rather those in a comparable community to the one he services. This can mean that the level of negligence required to establish malpractice varies from county to county, and can involve complex issues that require expert witness testimony to resolve.

What damages am I entitled to?

If your case is successful, you can recover compensation for:

  • Additional medical expenses incurred as a result of the malpractice, as well as ongoing care
  • Loss of wages or diminished earning capacity in the case of disability
  • Costs for modifications to home or vehicles to accommodate a disability
  • Pain and suffering

How long do I have to file a medical malpractice claim in New York?

In New York, the statute of limitations requires that you file suit for your malpractice case within two years and six months of the alleged malpractice or your final treatment, unless you fit one of the following exceptions:

  • The discovery rule gives you the ability to sue when there is a discovery of a foreign object in a patient’s body. It gives you the ability to initiate a suit for one year after the discovery of said object.
  • If the victim of malpractice is a minor, the statute of limitations begins on the child’s 18th birthday, but only if it occurs within 10 years of the malpractice.
  • You might also be able to toll the statute of limitations for a mentally ill victim.

A medical malpractice attorney can provide you with a free case consultation to discuss the unique facts in your case and give you an objective opinion on your ability to sue for medical malpractice. An attorney familiar with New York law will protect your rights and make every effort to seek a favorable outcome in your case.

Call a New York medical malpractice attorney to schedule a consultation today.

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