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Understanding Medical Malpractice in New York

Understanding Medical Malpractice in New York

New York medical malpractice is, unfortunately, a regular occurrence. It can affect you, your family, and your life when it happens. It can leave you wondering what to do, who to turn to, and how to get compensation for your damages.

At Banville Law, our New York medical malpractice lawyers are well-versed in understanding how New York medical malpractice law works. We know the ins and outs of the complicated medical malpractice system. We know what to look for when reviewing medical records and how to evaluate a case and determine if a case is valid.

Whether you were injured due to a doctor's error, a hospital's failure to diagnose, or a nurse's failure to provide adequate care, our medical malpractice lawyers are here to help you.

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What Are Medical Malpractice Laws in New York?

New York has one of the country's most complex medical malpractice laws. You may be entitled to compensation if you were injured due to negligence.
In order to file a claim against a doctor or hospital, you must first prove that the defendant was negligent. This means that the doctor or hospital did not provide adequate care for your injury.

There are two types of claims that you can bring against doctors and hospitals: professional liability claims and ordinary negligence claims. Professional liability claims include allegations of medical errors such as misdiagnosis, failure to diagnose, improper treatment, and prescribing dangerous medications.

What Are New York's Statute of Limitations for Medical Malpractice Cases?

In New York State, medical malpractice claims against doctors and hospitals are governed by a statute of limitations. This means that once a certain amount of time passes since the alleged negligent act occurred, the claim cannot be brought anymore. The New York statute of limitations begins running immediately upon the occurrence of an event giving rise to a legal right. Therefore, the statute of limitations starts ticking down immediately after the negligent act occurs.

Under New York law, a plaintiff must file a lawsuit within two years after the cause of action accrues. For example, if a doctor negligently performs surgery on a patient, the patient may suffer complications such as infection, nerve damage, or organ failure. If these complications occur, the patient would have two years from the date of the injury to bring a medical malpractice case.

However, if the patient dies within two years of the injury, the death begins the clock on the statute of limitations. Therefore, the patient's estate must file a lawsuit within one year of the decedent's death. 

What is Required to File a Medical Malpractice Claim in New York?

Medical malpractice cases are often difficult to prove, especially when the patient has died. In order to file a claim, you must first determine whether the doctor was negligent. Negligence occurs when a doctor fails to act reasonably under the circumstances.

Negligent acts include failing to diagnose, treat, or prescribe medication properly. This may happen due to a lack of training, inexperience, or negligence.

There are two types of medical malpractice cases:

Ordinary Negligence Claims

Ordinary negligence involves any person providing medical services, such as a nurse, dentist, pharmacist, or hospital employee. Ordinary negligence claims involve allegations of inadequate training, supervision, equipment, and facilities.

Professional Liability Claims

Professional liability claims involve allegations that a physician failed to provide adequate treatment or diagnosis. For example, a patient may allege that a surgeon performed an unnecessary operation or prescribed improper medications. Patients often sue after suffering serious injuries or death following surgery or receiving inappropriate treatment.

  • Professional liability claims usually arise from alleged mistakes made by a doctor during a surgical procedure or failure to perform certain tests or procedures.
  • A patient may also allege that a doctor improperly diagnosed them with a condition.
  • Professional liability claims typically involve allegations that a doctor did not follow proper standards of practice.
  • Professional liability claims are complex and difficult to prove. Therefore, most patients choose to settle their case rather than go to trial.

What Do You Have to Prove in a Medical Malpractice Lawsuit in New York?

So, what does a plaintiff have to prove in order to win a medical malpractice lawsuit? Here are some things that they have to prove in order to prevail in a case against a doctor or hospital.

  • Evidence of Negligence
  • Causation
  • Damages

How Can You Get Compensation for New York Medical Malpractice Injuries?

In order to receive compensation for your injuries, you must first prove that the doctor was negligent. This means that they failed to provide adequate care for your injury.
After establishing that the doctor was negligent, you must then establish that their actions caused your injuries. For example, did the doctor fail to diagnose an illness or injury properly? Did they prescribe the wrong medication? Was the treatment provided too late?

It is possible to recover damages for pain and suffering, lost wages, and emotional distress. But these types of damages are usually limited to certain circumstances.

New York Medical Malpractice Attorneys Are Here to Help

New York Medical Malpractice is very common. It can happen in any number of ways, including an error on the part of a doctor, nurse, or hospital staff.
If you or a loved one were injured due to medical malpractice, then you should call Banville Law. We can help you explore your options, evaluate your case, and ensure that you get the compensation you deserve.

Our New York Medical Malpractice Attorneys at Banville Law have extensive experience handling all medical malpractice cases. We know how to handle these complicated matters.
Contact us today for a free consultation if you were injured due to medical malpractice.

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Laurence P. Banville
Date Published: December 6, 2022
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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