Staten Island Medical Malpractice Lawyer
When an individual has been injured because of a healthcare professionals misconduct, then he or she may have grounds to file a medical malpractice claim. Each state has different laws based on medical malpractice, so a New York resident should have an understanding of medical malpractice laws in New York before filing a lawsuit. For those who have questions about medical malpractice, they should contact a medical malpractice lawyer who understands the laws in New York.
What is Medical Malpractice?
In most cases, medical malpractice occurs when a healthcare professional breaches or violates the standard of care that results in the injury or death of the individual who was receiving care. To be considered medical malpractice, an individual will need to prove the healthcare professional breached or violated the standard of care, and the breach or violation was the cause of the patient’s injury. In order to file a medical malpractice lawsuit, an individual will need to prove the following:
- He or she was under the care of a physician;
- During treatment or diagnosis, the doctor failed to provide care;
- The patient resulted in injury due to the actions of the physician.
Some examples of common medical malpractice cases include improper treatment and diagnosis, mistakes with prescriptions, failure to monitor, failure to diagnosis or misdiagnosis, surgical errors, failure to inform a patient of any risks that can occur during a specific procedure.
Medical Malpractice Statue of Limitations
If an individual feels he or she is a victim of medical malpractice, then it is imperative to seek legal representation immediately. Statue of limitations is how long an individual has to take legal action. There is a statue of limitations set for medical malpractice in New York. If an individual takes action after the statue of limitations, then he or she will not be able to file a lawsuit in court. In New York, the statue of limitations for medical malpractice is two-and-a-half years from the date of the incident. For foreign object cases, an individual has one year after the object was discovered to file a lawsuit. Foreign object cases involve a doctor leaving a foreign object in a patient after a surgical procedure.
Medical Malpractice Damages
When an individual has suffered from medical malpractice, New York has laws set in place that limits the amount an individual can receive if he or she files a lawsuit against a healthcare professional for medical malpractice. When an individual receives compensation for medical malpractice, it is known as damages.
In the state of New York, there are three primary damages that are available to victims of medical malpractice. These damages provide compensation to a victim to cover medical costs or lost wages that occurred from medical malpractice. The three types of damages are known as compensatory damages, non-economic damages, and punitive damages.
Compensatory damages are provided to victims of medical malpractice that will cover medical costs and lost wages because of time off of work due to the injury.
Non-economic damages are provided to victims of medical malpractice that will compensate them for pain and suffering and other related issues.
Punitive damages are provided to some victims of medical malpractice. In order to receive punitive damages, an individual must prove the healthcare professional acted in a reckless manner that could include malice or fraudulent behavior.
What to do if you are a Medical Malpractice Victim
If you feel that you are a victim of medical malpractice, then you should seek help from an experienced attorney as soon as possible. Be sure to keep a detailed record of what happened during the incident, which will help your case. Healthcare professionals who did not meet the standard of care, which resulted in the injury of a patient, should be held accountable for their actions. Although filing a lawsuit can be stressful, an experienced medical malpractice attorney has the knowledge that is needed to get the compensation that you deserve. According to fellow personal injury attorney Steve Raiser, medical malpractice settlements can be typically in the high millions.