Medical malpractice cases are more complicated than they may appear. It might seem obvious that a patient deserves recourse when a doctor makes a mistake or doesn’t treat them properly. In reality, medical malpractice cases can be far more complicated than other personal injury cases. They often require medical expert witnesses, complicated filings, and a thorough understanding of New York medical malpractice law.
When you have a possible medical malpractice case, you should consider consulting with a New York City medical malpractice attorney, like those at Glugeth & Pierguidi, P.C. Our New York City medical malpractice lawyers can assess your case, guide you through the filing process, and help you build a strong case so you can obtain the compensation you deserve. Call us today!
How Do I Know If I Have a Medical Malpractice Case?
New York law allows a patient to file a medical malpractice or med-mal case against a healthcare professional who injures them. A patient may bring a case against any individual or organization employed or otherwise involved in providing health care or treatment. Healthcare providers an injured patient may sue include:
- Medical doctors,
- Nurses,
- Mental healthcare professionals,
- Physical therapists,
- Hospitals,
- Clinics,
- Living facilities, and
- Hospice care center.
Depending on the circumstances, these people or institutions could have contributed to the patient’s injury.
What Do I Need to Prove in a Medical Malpractice Claim?
Generally, you must prove that the healthcare provider caused your injury. The injury might result from the following:
- Negligence,
- Misconduct,
- Error,
- Omission, or
- Breach of contract in rendering health-related services.
When bringing a medical malpractice case against a healthcare provider, the burden of proof rests on you.
Essentially, you have to prove that the health care provider failed to exercise that degree of care, skill, and learning expected of a reasonable health care provider acting in the same or similar circumstances. Then, you have to prove that their failure was a proximate cause of the injury. Proximate cause is one of the toughest parts of a med-mal case. You may need an expert witness to testify whether the healthcare professional either lacked or failed to exercise the requisite degree of knowledge or skill held by others in their field and that their failure was the proximate cause for your injuries. Contact us today to speak with an experienced medical malpractice lawyer!
How Long Do I Have to File a Claim?
Every case has a deadline, or statute of limitations, by which you must file. New York law requires you to file a lawsuit for medical malpractice within two years and six months of the date of the injury. However, understanding when the exact date of the injury can be complicated. Generally, it’s when an injury occurs or is discovered. However, some exceptions and circumstances might alter your filing deadline.
Calculating the timeframe to file a claim is rarely straightforward, so contacting one of our New York City medical malpractice lawyers can be invaluable. Bringing the case within the statute of limitations is imperative if you don’t want your case thrown out or your claim denied.
What Compensation Am I Eligible for in a Medical Malpractice Case?
Most medical malpractice claims are negotiated and settled out of court before the case goes to trial. Possible compensation in a medical malpractice case may include the following:
- Medical bills,
- Prescription fees,
- Nursing costs,
- Physical therapy costs,
- Lost wages,
- Pain and suffering,
- Loss of consortium,
- Loss of enjoyment of life,
- Future medical costs, and
- Loss of future wages.
An NYC medical malpractice lawyer will help you understand your potential compensation.
Common Types of Medical Malpractice Claims
There are many types of medical malpractice claims. The most common medical malpractice claims include misdiagnosis, childbirth injuries, medication, and surgical errors.
Misdiagnosis
Misdiagnosis tends to be the most common type of medical malpractice claim. Misdiagnosis happens when doctors confuse a condition for a different illness. Sometimes there is no harm from the doctor’s mistake. Other times, a misdiagnosis could delay a patient’s treatment, worsening the condition. It could also result in the patient undergoing expensive treatments that don’t do anything because they don’t have the condition the doctor is treating.
Birth Injuries
Another common medical malpractice case involves injuries during childbirth. If the doctor fails to monitor the vital signs of the mother or infant, they could miss important clues about their health. They could miss the need for a C-section endangering the life of mother and child. Additionally, when birth involves forceps or a vacuum to receive the child if they improperly handle the instruments, the child can have life-long disabilities, like Erb’s palsy.
Medication Error
It is commonplace for doctors to prescribe medication to patients. However, people can get seriously injured if the prescription is not correctly filled. This is especially dangerous if they’re allergic to the medication they receive. Thus, a pharmacist might be liable for med-mal if they fill a prescription with the wrong medication, the wrong strength of a medication, or prescribe a medication that interacts poorly with other medications the patient is taking.
Surgical Error
Going under the knife for a surgical procedure is inherently risky, so extra precautions are in place to protect the patient. However, when a surgeon performs the procedure on the wrong part of the body, operates on the wrong patient, or leaves a surgical instrument in the patient’s body, they may be liable for medical malpractice.
Do I Need an Attorney for My Case?
Technically, getting an attorney for a medical malpractice case is not required. However, a patient must take many procedural steps before and after filing a claim. For example, New York requires that you file a certificate stating that your attorney has reviewed the facts of your case and has consulted with at least one expert who has concluded your claim has merit and deserves to be heard in court. Not following procedural requirements such as this could result in your claim being dismissed. Thus, getting an NYC medical malpractice attorney can be critical to a successful claim.
Contact Our New York City Medical Malpractice Firm Today
One of the main reasons to bring a medical malpractice lawsuit against a healthcare provider is to receive proper compensation for the losses you endured. After all, why should you be forced to pay out-of-pocket for an injury caused by someone else? Glugeth & Pierguidi, P.C., can help. Our attorneys are highly experienced in litigating New York and New Jersey medical malpractice claims. Plus, our firm has received national recognition for our pursuit of justice for our clients. Our attorneys are in the National Trial Lawyers Top 100 and have been recognized by Super Lawyers. Let our confident and professional New York City medical malpractice lawyers help you with your case. Contact us online or call 212-256-9255.
