Medical Malpractice in New York, NY

Medical malpractice arises when a qualified New York, New York doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should carefully review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.

What Evidence Do I Need for New York, New York Medical Malpractice Claims?

The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced New York, NY medical malpractice lawyer can guide you through this entire process.

While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.

  • There was a working relationship between the doctor and the patient. 
  • There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
  • There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
  • The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that a patient can sue for currently.

Under New York law, your attorney must file a Certificate of Merit in any New York City medical malpractice action. The Certificate must declare that the attorney has reviewed the facts of the case. It must also attest that the attorney has consulted with at least one state-licensed medical provider, relevant to the specifics of the case. Furthermore, this medical provider must confirm that your case has enough merit to proceed.

Hospital Responsibility

You may wonder if you can also sue the New York hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the New York, New York hospital or facility, they are not liable.

The Varying Types of Medical Malpractice

As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:

  • Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
  • Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
  • Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the medical procedure or treatment.

There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:

  • Misreading or ignoring test results from the lab
  • Making surgical errors
  • Not following up properly or not offering adequate post-care
  • Performing unnecessary procedures or surgeries

Damages Available in New York, NY

There are three types of damages a court will award for medical malpractice.

  • General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
  • Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
  • Special Damages – Damages for expenses from medical bills and lost wages

According to the Center for Justice & Democracy, New York State does not limit medical malpractice case damage awards. This rule applies to both economic and non-economic damages in New York City and across the state.

Statute of Limitations

Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.

In New York State, the statute of limitations for medical, dental, or pediatric malpractice is two years and six months. If you live in New York City, this means you must file suit within 30 months after the date of malpractice. In certain cases, the clock starts running from the end of continuous treatment by the defendant.

Medical Malpractice Review Panels

In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision, but the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.

New York’s Office of Professional Medical Conduct (OPMC) investigates and adjudicates complaints against physicians and physician assistants. If you live in New York City, you must mail your written complaint to the OPMC Riverview Center in Albany. OPMC investigates complaints that include gross incompetence, filing a false report, or performing services not authorized by the patient. OPMC can revoke a license, issue a censure and reprimand, order retraining, levy a fine, or require community service. However, OPMC can’t direct a physician to reimburse a patient, change a diagnosis, or alter an opinion.

Do I Need to Hire an Attorney?

Medical malpractice claims in New York, New York can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney or an attorney in New York that has a focus on medical malpractice.

A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:

  • Build your case
  • Collect important evidence
  • Find expert witnesses to testify on your behalf
  • Help you prepare for the malpractice review panel
  • Take your claim to court

Work with an Experienced Local Lawyer in New York, New York

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified New York attorney who is familiar with such cases. We can even help you connect with an attorney across New York state lines.

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