Medical malpractice is a bigger problem in the United States than many people realize. Thousands of people die per year as a result of medical malpractice and even more suffer long-term injuries. Out of all the people that suffer as a result of medical malpractice, only a small percentage files a claim and seeks compensation. A New York medical malpractice attorney can help you get compensation that may be very much needed as a result of your injuries.

Medical malpractice includes errors and omissions made by doctors as well as neglecting standard procedure, resulting in the injury or death of the patient. Your physician may have given you the wrong prescription or failed to diagnose an illness in a timely manner. If any mistake or neglect on the part of your doctor has caused you injury, you may have grounds for a medical malpractice case. While unforeseen complications do not fall under medical malpractice, any injury sustained due to improper or neglectful treatment would constitute medical malpractice. Seek legal counsel from an experienced New York medical malpractice attorney if you believe you are suffering injuries due to medical malpractice in New York. Medical malpractice applies to injuries caused by not just doctors, but nurses, dentists, osteopaths, healthcare facilities and nursing homes that provide medical care.

Medical Malpractice includes but is not limited to:

  • Prescription error
  • Infection and bleeding
  • Surgical errors
  • Anesthesia errors
  • Misdiagnosis and failure to diagnose illness

Don’t neglect to file charges because you don’t want to deal with going to court and missing work. The majority of medical malpractice cases are settled out of court. However these cases may not settle quickly and the attorney must proceed as though the case is going to trial, thoroughly preparing all the necessary documents. The physician’s lawyer will be prepared to argue against your case and you will be required to prove your case. Insurance companies benefit by claimant’s use of a lawyer inexperienced in medical malpractice cases. There are specialized procedures and knowledge that must be understood in order to be successful in these cases. New York State Law requires that the attorney consults a physician to determine whether the injury claims are valid.

The New York statute of limitations is 2 ½ years. A statute of limitations is the amount of time within which a patient must file a claim. There are some exceptions to this limitation. If the doctor leaves behind a foreign object in a patient’s body while performing surgery the statute of limitations begins from the date that the foreign object was discovered. Usually children have ten years to file a claim.

If the other party wishes to appeal, they must file it within 30 days of receiving the judgment.

Don’t delay in seeking legal counsel if you have been a victim of medical malpractice in New York. Contact us to speak with an experienced malpractice attorney today.