We routinely entrust our family’s health and well-being in the hands of medical professionals. Unfortunately, that trust is sometimes violated by inadequate medical and nursing care. If you have suffered harm as a result of a medical professional’s negligence or wrongdoing, you might be entitled to compensation.
At The Case Handler, we assist individuals who have been injured in medical malpractice cases. Our lawyers work diligently to ensure medical malpractice victims obtain the compensation they need to fully recover. If you believe that you suffered harm from a medical provider’s wrongful act or omission, contact our office to schedule a free consultation.
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional departs from the accepted standards of medical practice. This may involve a failure to diagnose, misdiagnoses, sloppy medical care, or failure to properly perform a surgical procedure.
Common types of medical malpractice:
- Failure to diagnose
- Misdiagnoses
- Lack of adequate medical care
- Surgical errors
- Failure to order tests or treatments
- Anesthesia errors
- Prescription errors
- Failure to follow protocol
- Failure to monitor
- Lack of informed consent
Any time that a medical provider, including the hospital itself, fails to provide a reasonable standard of care, they may be legally responsible for the resulting harm. It can be challenging however to hold a medical provider accountable without the help of an attorney.
What Damages Will I Receive in My Medical Malpractice Case?
If you are injured as a result of medical malpractice in New York, you may be entitled to damages. The amount of damages will depend on the specific circumstances of your case.
Damages you may receive in your medical malpractice case may include compensation for your:
- Medical and hospital bills
- Lost wages
- Loss of future earnings
- Ambulance bills
- Cost of prescriptions
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Disability or disfigurement
To determine the amount of damages you should pursue in a medical malpractice claim out of New York City, you need to speak to an attorney.
Is there a Cap on the Damages I Can Receive?
Unlike many other states, New York does not place a cap or any restrictions on the amount of money that a person can recover in a medical malpractice lawsuit. Even if you are partially responsible for your injuries, you may still be able to obtain compensation for your harm.
What Is the Statute of Limitations for a Medical Malpractice Claim?
According to the New York Civil Practice Law & Rules Section 214-A, an action for medical malpractice must be brought within 2 years and 6 months. There are limited exceptions to this legal timeline. For instance, if the action is brought because of harm related to a foreign object being left in the body, it must be brought within one year of the date of the discovery of the foreign object or when the object should have reasonably been discovered.
It is imperative that you understand the statute of limitations that applies to your case. If you attempt to file a lawsuit outside of the statute of limitations, your case may be dismissed. Even if you would have had a valid claim, you could still be denied compensation because you filed outside of the legal timeline.
Were You the Victim of Medical Malpractice? Contact Our Office.
Were you the victim of medical malpractice in New York City? Contact our office today to discuss your case with an experienced attorney. Our lawyers offer free, no-obligation consultations on all medical malpractice cases. We are well-versed in handling complex cases and will help you obtain the compensation you deserve after your injury.
