Medical Malpractice Claims in New York
Brian Magnosi | Medical Malpractice | August 31, 2023
When a doctor, hospital, or other medical professional makes a mistake, the results can be devastating. Mistakes in treatment or diagnosis may stem from inadequate training, inexperience, or even a momentary distraction, but those mistakes can lead to increased costs, pain, permanent injury, and even death. The term for mistakes made by healthcare professionals is medical malpractice, and each state has its own laws that govern when and how a claim can be made. These types of injuries require the skill of a personal injury medical injury lawyer with many years of experience.
What is Medical Malpractice?
Medical malpractice is defined as a failure to meet the accepted standard of care. Sometimes, even when a doctor does everything right, patients do not get the results they hoped for. In many cases, though, a bad result could have been prevented. Examples of medical malpractice include:
- Failure to diagnose a condition
- Misdiagnosing a condition
- Administering the wrong medication or the wrong dose of a medication
- Leaving objects inside a patient during surgery
- Injuring a baby during birth
- Failure to intervene when a baby is in distress during labor
- Operating on the wrong body part
- Failure to pay attention to a patient’s symptoms
- Neglect of a hospitalized patient
In determining whether a medical professional is guilty of malpractice, a judge or jury will have to decide whether the treatment fell below the standard of care that is reasonably expected in the circumstances of the case. Testimony from other professionals in the same area of practice will establish the accepted standard of care.
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When Can a Malpractice Claim be Made?
The general statute of limitations for medical malpractice suits in New York is two (2) years and six (6) months from the date of treatment, or from the end of a period of continuous treatment. That means that any lawsuit against a medical professional for malpractice must be filed within that time frame. There are some exceptions to that rule:
- If the claim is against a state-owned hospital, a Notice of Claim must be filed within 90 days of the date of malpractice or injury. The claimant then has a period of 15 months in which to file suit.
- If a foreign object is left inside a patient, the statute of limitations is one year after the discovery of the foreign object.
- Continuous treatment – If a person is receiving ongoing treatment from a doctor, the statute of limitations begins after the treatment has stopped.
- Children – When the victim of malpractice is a minor, the statute of limitations usually begins when the child is 18. However, no malpractice action may be brought after 10 years from the date of the malpractice, which means that in some cases the general rule may not apply.
New York Malpractice Lawyer
If you believe you or a loved one has been a victim of medical malpractice, do not wait to act. Waiting too long to seek advice may make your case untimely or more difficult and may result in the loss of your ability to pursue a claim for damages. The sooner an investigation can begin, the better your chance will be to uncover the evidence needed to prove your case. Talk to a New York lawyer with specific experience handling malpractice cases as soon as you suspect that you may have been a victim of malpractice. You can get a free, no-obligation consultation with a New York malpractice expert at Mirman, Markovits & Landau, PC by calling 212-227-4000. Visit our website here to learn more about us.