Medical Malpractice Is A Breach In The Standards Of Medical Care That Causes Harm To The Patient
Medical Malpractice Claims are difficult and complex because you must prove that there was a breach in the standards of medical care (a fancy way of saying negligence). In New York, you must have a medical expert prepared to certify that your case has merit. The expert must establish that there was negligence and that negligence caused the patient substantial harm.
These claims are complex because you are dealing very often with scientific principles in medicine. Sometimes a bad result occurs which is caused by a known risk or complication. Just because a poor result occurs does not mean that malpractice was the cause. Careful review of the entire medical record is often necessary to make a determination concerning medical negligence.
In the state of New York, the statute of limitations is 2 ½ years from the date of the alleged malpractice. This time limit can be extended depending on the date of last treatment by the medical provider.
Who Could Be Responsible For Your Harm In A Medical Malpractice Claim?
Any medical provider (individual or entity) who breached the standard of care and caused you harm can be liable in a medical malpractice claim in New York State. This can include:
- Nurse Anesthetists
- Practitioner Assistants
- Surgery Centers
How Serious Should My Injuries Be In Order To Be Successful In A Medical Malpractice Claim In New York State?
Bringing medical malpractice claims to trial can be very expensive. An experienced attorney must weigh the cost of trial against the potential recovery of the claim. There are many circumstances where harm was caused; however, the potential amount of (money) damages would be outweighed by the cost of making the claim. In these circumstances, an attorney would often refuse to take that case.
Medical malpractice requires a lot of investment. Not only does it cost a fair amount of money, but it also costs a lot in terms of time. Therefore, the injuries/damages must be significant and serious.
For more information about Medical Malpractice Law in New York, an initial consultation is your next best step.