When we seek medical care, we place our trust in healthcare professionals, expecting a certain level of expertise and dedication to our well-being. However, there are instances when this trust is shattered, and medical malpractice occurs. Medical malpractice refers to the failure of a healthcare provider to meet the accepted standard of care, resulting in harm to the patient.
At Joudeh & Kuller LLP, we understand the profound impact that medical malpractice can have on individuals and their families. We are here to stand by your side, advocating for your rights and seeking justice for the negligence that has disrupted your life.
The Reality of Medical Malpractice in New York
Medical malpractice is a serious issue that affects numerous individuals in New York each year. Recent statistics reveal that medical errors are a leading cause of injury and death in the United States, with thousands of preventable errors occurring annually. These errors can range from misdiagnoses and surgical mistakes to medication errors and birth injuries. The consequences of medical malpractice extend far beyond physical harm; they can result in emotional trauma, financial strain, and a loss of trust in the medical profession.
Understanding Medical Malpractice in New York
In New York, medical malpractice occurs when a healthcare professional’s treatment falls below the accepted standard of care, resulting in harm to the patient. To establish a successful medical malpractice claim, the following four elements must be proven:
- Duty: The healthcare professional had a duty to provide appropriate care.
- Breach: The healthcare professional breached their duty by deviating from the accepted standard of care.
- Causation: The breach of duty directly caused the patient’s injury.
- Damages: The patient suffered harm, such as physical pain, emotional distress, or financial losses, as a result of the healthcare professional’s actions.
Common Types of Medical Malpractice Claims:
- Surgical errors, including wrong-site surgeries and anesthesia mistakes
- Misdiagnosis or delayed diagnosis of a medical condition
- Medication errors, such as incorrect dosage or administration
- Birth injuries caused by medical negligence during pregnancy, labor, or delivery
- Failure to obtain informed consent from the patient before a procedure
Accountability for Medical Negligence
Various parties can be held accountable for medical negligence, including:
- Individual healthcare providers, such as doctors, surgeons, nurses, and specialists
- Hospitals and medical facilities that employ or oversee these providers
- Pharmaceutical companies and medical device manufacturers in cases involving defective drugs or devices
Deadlines and Exceptions for Filing a Personal Injury Claim in New York
It is crucial to be aware of the deadlines for filing a medical malpractice claim in New York. Generally, the statute of limitations is two and a half years from the date of the alleged malpractice or from the end of continuous treatment for the condition caused by the malpractice. However, certain exceptions and limitations apply.
The Discovery Rule
This rule adjusts the time limit within which a medical malpractice case must be filed, taking into account the point at which the medical issue was discovered. In some instances, patients may not realize that a surgeon or practitioner was negligent until they experience negative effects, which could be years after a procedure or test.
In 2018, New York introduced CPLR-214a, known as “Lavern’s Law,” which updated the statute of limitations for medical malpractice. This law brought two significant changes under the Discovery Rule:
- Foreign Objects: If a medical malpractice case involves a foreign object, the statute of limitations allows filing within one year AFTER the date of discovery.
- Cancer: Cases involving the failure to diagnose cancer or a malignant tumor due to negligence have a statute of limitations of up to two and a half years AFTER the date of discovery. The date of discovery must fall within seven years of the negligent action or omission or after the last date of continuous treatment.
Minor Children
There is an exception for minor children, where the statute of limitations doesn’t begin until they turn 18. However, the deadline for filing cannot extend beyond 10 years after the malpractice occurred, requiring parents to act on behalf of younger children to avoid missing the filing deadline
It’s important to note that if you miss the applicable deadline for your specific situation, you lose your right to file a medical malpractice claim in New York. It is vital to consult with an experienced medical malpractice lawyer in New York promptly to protect your rights and ensure you have the opportunity to pursue the compensation you deserve.
Damages You Can Claim for Medical Negligence
In a medical malpractice case, victims may be entitled to various types of damages, including:
- Medical expenses, both current and future, related to the malpractice
- Lost wages and diminished earning capacity
- Pain and suffering endured as a result of the malpractice
- Emotional distress and mental anguish
- Rehabilitation costs and necessary lifestyle adjustments
- Compensation for permanent disabilities or disfigurement
Why Hiring an Experienced NYC Medical Malpractice Lawyer Is Crucial
Navigating a medical malpractice case can be complex and challenging. The expertise of an experienced New York medical malpractice lawyer is invaluable in building a strong claim, gathering evidence, and advocating for your rights. At Joudeh & Kuller, our dedicated team has a proven track record of success in medical malpractice cases. We will fight tirelessly to hold negligent parties accountable and secure the compensation you deserve.
Take Action Against Medical Malpractice Today
If you or a loved one has suffered harm due to medical malpractice in New York, don’t wait to seek legal guidance. Contact Joudeh & Kuller LLP for a free consultation. Our compassionate attorneys will listen to your story, assess your case, and provide the support and representation you need during this challenging time. Let us help you pursue justice and hold those responsible accountable for their actions.