What Is Medical Malpractice in New York?

Many people have suffered injuries and even death at the hands of their doctor’s misconduct or judgment errors. If you find this has happened to you, then you may very well be entitled to file a medical malpractice claim. If your malpractice act has taken place in New York then surely you want to have some understanding of the New York malpractice laws before you even think about filing a claim. Performing appropriate due diligence on the New York laws will be beneficial to your claim, but more often than not, contracting the services of a professional New York malpractice lawyer is not only necessary but very practical as well.

To begin with, let’s define medical malpractice and standard of care. Medical malpractice occurs when a doctor or medical provider of any type, violates the typical standard of care, resulting in either injury or even death to a patient. Standard of care is a standard method of care that a doctor or other healthcare provider should provide to an individual patient suffering from a specific illness or condition. Obviously, depending upon a patient’s condition, age and ailment, the exact standard of care will vary.

When bringing a malpractice claim it is mandatory to not only prove that a doctor deviated from the standard of care, but that the very deviation was the sole source of your injury or death. Relying upon the professional opinions and facts presented by medical expert witnesses is key to proving both these facts.  It is important to know that there is a limitation of time within which you can file a medical malpractice claim. This time limit is known as the statute of limitations and will vary from state to state. In New York, individuals have up to 2 years and 6 months to file their medical malpractice claim. If you do not file it within this time frame then you can no longer make a claim for any damages or losses.

You may ask - when does the statute of limitations begin to run? The statute begins to run from the point where your doctor began treatment or surgery that resulted in your injury. From that point forward, you have 2 years and 6 months in New York to file your claim. Because there are so many limits that come into play with any medical malpractice claim in New York, including limits that exist on damages that a patient can seek as a result of their injuries, it is imperative that patients engage the services of a professional medical malpractice attorney to provide them with proper representation of the facts.

As is the case in any lawsuit or legal matter, the restrictions, guidelines, and limitations are many. Therefore, hiring a professional medical malpractice attorney to represent you and present your case to the court, is both necessary and beneficial to your cause and is apt to result in greater monetary rewards as well as personal satisfaction when all is said and done. Your quality of life is essential to your happiness and if you have suffered at the hands of your doctor’s errors or misconduct, then take time out now to research and hire a reputable New York attorney who is sure to make all the difference when it comes time to pleading your malpractice case.

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