White Plains/Bronx/Queens/Manhattan/Brooklyn/Staten Island/Westchester County/Rockland County/Putnam County/Dutchess County
A doctor is responsible for complying with the minimum standards of care in their specialty. If a doctor does not follow those standards of care, and a patient is injured due to their negligence, the patient may be entitled to collect monetary compensation for their physical pain and emotional suffering.
Injured By a Healthcare Professional? Here’s What You Need to Know
1. In New York State, the statute of limitations to file a medical malpractice lawsuit is two and a half years (30 months) from the date of the injury. However, if the health care provider’s mistake took place as part of ongoing treatment, the two and a half year time period starts once the entire course of treatment is finished.
2. There are four requirements for a medical malpractice claim. One requirement is to prove that a doctor-patient relationship existed. You must show that you were an actual patient of the doctor who hurt you, and that you were directly treated by that particular doctor.
You must also show that the doctor was negligent. For a medical malpractice lawsuit to be considered, you need to be able to show that a particular doctor or doctors caused you harm in a way that other competent doctors, under the exact same circumstances, would not have. It is not required for the doctor to have provided you with the best care possible, but simply to have performed his duties, reasonably, skillfully and carefully. This type of care is the core of most medical malpractice cases. Very often, attorneys will hire medical experts to review the details of a case to determine whether or not the appropriate standard of medical care was used, and if not, how the doctor’s procedures deviated from that standard of care.
The third step is to prove that it was indeed the doctor’s wrongdoing that caused your injury. You need to show the likelihood that the doctor’s carelessness and failure to follow the standard of medical care actually led to your injury. A qualified medical expert can testify whether or not your doctor’s negligence caused the injury.
The fourth step is to show that the injury you have sustained led to specific damages. Even if the doctor did not treat you within the proper standard of medical care, you can only sue for medical malpractice if you actually sustained injuries. For example, you can’t sue a doctor if he gave you his medical opinion and you don’t like it. You also can’t sue a doctor if he treated you and you weren’t satisfied with the quality of service. You can only sue for damages if you were injured by the doctor. Some examples of harm that you can sue for include physical pain, mental and emotional suffering, excessive medical bills, loss of the ability to work, and lost earning potential.
3. There are several different types of medical malpractice. One type is the failure to diagnose. Under this circumstance, a patient saw a doctor, and the doctor failed to identify a potential illness, disorder or other diagnosis that might have otherwise been identified by another qualified doctor in the same or similar specialty.
Improper treatment is another type of medical malpractice. In this situation, a patient received treatment that is not sufficient to better their medical condition. This type of case can also be put into suit if a doctor decides on an suitable treatment, but administers it inappropriately.
The failure to warn a patient of known risks can also lead to a medical malpractice suit. This type of malpractice has to do with doctors who do not disclose to patients the possible risks of treatment or procedures. Informing patients of these risks is known as the duty of informed consent. It is the doctor’s responsibility to let patients know about the potential dangers of certain treatments or procedures. If the doctor fails to inform the patient, he may be liable for malpractice.
Medical malpractice cases require an experienced New York lawyer because they are challenging and complex. Our skilled attorneys at The Law Offices of Jason B. Kessler know the laws of evidence, damages and civil procedure in regards to medical malpractice in New York State. We have helped recover monetary benefits for clients who have been injured due to the negligence of medical professionals. If you or a loved one has sustained a serious injury due to the carelessness of a doctor, we can help you. Call The Law Offices of Jason B. Kessler at 914-220-1088 so that we can investigate the medical facts in your case and provide you with a free consultation.