Things to Know About Medical Malpractice Cases in New York

 
 
Things to Know About Medical Malpractice Cases in New York
Things to Know About Medical Malpractice Cases in New York
ISLANDIA, N.Y. - Sept. 24, 2019 - PRLog -- If you have been hurt by a doctor or other healthcare professional's negligence, you could be entitled to compensation. Medical malpractice lawsuits are some of the most complicated to file, however. New York has strict laws regarding these claims. While a New York medical malpractice attorney can fully advise on the specifics of your case, some of the most important laws pertaining to these claims are laid out below.

Damage Caps

Many states place a cap, or limit, on the amount of damages available in medical malpractice claims. However, New York has no such law. This means that medical malpractice victims can claim the full amount of their injuries, which are typically extensive and costly in medical malpractice cases.

Comparative Negligence

New York is a pure comparative negligence state. This means insurance companies and the courts will consider the percentage of fault a victim bears. No matter the amount of negligence on the part of an accident victim, those injured by medical malpractice can still claim compensation. However, any compensation they receive will be reduced by their own percentage of fault.

For example, if a doctor misdiagnosed a condition and a patient became critically ill, the victim could file a claim against the doctor. However, if the patient did not follow the treatment plan once his or her condition was properly diagnosed, he or she could be found liable for any resulting injury or sickness that results. If a victim is found 30% at fault, for example, their compensation will be reduced by 30%.

Certificate of Merit

When filing a medical malpractice claim in New York, plaintiffs must also file a Certificate of Merit at the same time. This certificate must state one of two things. The first is that an attorney has reviewed the case and consulted with at least one licensed physician. After that consultation, the attorney determined there was a reasonable basis for a lawsuit.

If an attorney could not find a physician to review the case, the Certificate of Merit must state that the attorney made three good faith attempts to schedule a consultation with three different physicians.

Statute of Limitations

Like all other states, New York has a statute of limitations on medical malpractice cases. This is the time limit you have to file your claim. In New York, that statute of limitations is two years and six months from the date the malpractice occurred. If the malpractice occurred as part of ongoing treatment, the statute of limitations begins from the date of the last round of treatment ...

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