Medical malpractice is a serious issue that affects numerous individuals and families each year. It is essential to understand what medical malpractice entails and what steps to take if you believe you or a loved one has been a victim.
In this blog, we will answer some of the most frequently asked questions surrounding medical malpractice claims in New York.
What is Medical Malpractice?
Medical malpractice occurs when a medical professional or facility fails to provide treatment that meets an accepted standard of practice, leading to injury or death for the patient. This negligence can include:
- Failure to diagnose or misdiagnosis
- Errors in treatment or surgery
- Prescribing the wrong medication
Who Can Be Held Liable in Medical Malpractice Claims?
Any medical professional or facility that negligently causes an injury can be held liable in a medical malpractice claim. This can include doctors, surgeons, nurses, nursing homes, hospitals, and other healthcare professionals.
Who Can I Sue If I Received the Wrong Medication?
If you received the wrong medication, you may be able to file a medical malpractice claim against the doctor who prescribed it, the nurse who administered it or the pharmacy that filled the prescription. The liability will depend on the specific facts of the case.
What Are the Most Common Types of Medical Mistakes?
Some of the most common types of medical mistakes include:
- Delayed or incorrect diagnosis
- Surgical errors
- Medication errors (including prescribing the wrong medication, incorrect dosages or administration)
- Misreading or ignoring laboratory results
- Miscommunication in medical teams
- Birth injuries
How to Prove Medical Malpractice?
To prove medical malpractice, the plaintiff must show that the healthcare professional or facility failed to meet the accepted standard of care that led to the patient’s injury. This means demonstrating that the medical professional or facility failed to provide a level of care that any reasonable medical practitioner or facility would provide under similar circumstances.
Additionally, the plaintiff will need to provide evidence that the healthcare professional or facility’s negligence directly caused the injury, and that the injury resulted in damages, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Other losses
What Are the Time Limits for Filing a Medical Malpractice Claim?
The statute of limitations for medical malpractice claims in New York is 2.5 years from the date of the malpractice or, in some cases, the date the continuous treatment ended. However, it’s recommended to speak with a qualified attorney as soon as possible, as gathering evidence and preparing a case can take time.
Can I File a Medical Malpractice Claim Even If I Signed a Consent Form?
Signing a consent form does not mean you cannot file a medical malpractice claim. It merely means that you acknowledge that the procedure includes certain risks, and you have agreed to have the procedure, assuming those known risks.
However, a signed consent form does not release healthcare professionals or facilities from taking reasonable precautions to avoid causing injury or death to the patient.
Medical malpractice claims can be complicated, but understanding the basics can help those affected make informed decisions. If you believe you or a loved one have been a victim of medical malpractice, it’s essential to speak with an experienced attorney right away.
Effective legal representation can help you navigate the legal system, gather evidence, and prove that the healthcare professional or facility was negligent. You may be eligible for compensation for damages suffered as a result of medical malpractice, including medical bills, lost wages, and pain and suffering.
Medical Malpractice Attorneys at Salenger, Sack, Kimmel & Bavaro, LLP
At Salenger, Sack, Kimmel & Bavaro, LLP, we understand how stressful medical malpractice claims can be, which is why our attorneys are dedicated to providing personalized, compassionate service to our clients. We will work diligently to protect your rights and ensure you get the compensation you deserve for your injuries.
Contact us today at (800) 572-7246 for more information about filing a medical malpractice claim in New York.