When you put your trust in a medical professional, you expect to receive competent care. Unfortunately, when a doctor, hospital, or other healthcare provider fails to meet the accepted standard of care, the results can be devastating. Medical malpractice cases are complex, requiring an in-depth understanding of both medicine and the law. Our New York medical malpractice lawyers at Berkowitz & Weitz Law, P.C., have decades of experience fighting on behalf of injured patients, holding negligent providers accountable, and securing the maximum compensation our clients deserve.
What is Medical Malpractice in New York?
Medical malpractice occurs when a healthcare professional’s negligence causes injury or harm to a patient. To have a valid claim in New York, you must prove that your provider’s care deviated from what a reasonably skilled and competent professional would have done under similar circumstances. This deviation from the “standard of care” must be the direct cause of your injury.
New York is a state with a high volume of medical malpractice cases, and settlements are often higher than the national average. Statistics from 2012 to 2022 show that New York residents filed nearly 16,000 medical malpractice lawsuits, making it a state with one of the highest numbers of cases in the country.
Common Types of Medical Malpractice
Medical negligence can take many forms, often with life-altering consequences. We handle a wide range of malpractice claims, including:
- Misdiagnosis or Delayed Diagnosis: A failure to correctly or promptly diagnose a serious illness, such as cancer or a heart condition, can prevent a patient from receiving timely treatment.
- Surgical Errors: These can include operating on the wrong body part, leaving surgical instruments inside a patient, or making mistakes during a procedure that lead to infection or injury.
- Birth Injuries: Negligence during the prenatal, labor, or delivery process can cause permanent harm to a baby, such as cerebral palsy, nerve damage, or other developmental issues.
- Medication Errors: These mistakes can happen at any stage, from a doctor prescribing the wrong medication or dosage to a pharmacist dispensing the wrong drug.
- Anesthesia Errors: Mistakes by an anesthesiologist can cause severe and permanent brain damage, coma, or even death.
Proving Your Medical Malpractice Claim in New York
To win a medical malpractice case in New York, your attorney must prove four key elements:
- Duty of Care: You must establish that a doctor-patient relationship existed and that the healthcare provider had a duty to provide competent care.
- Breach of Duty: You must prove that the provider’s actions fell below the accepted medical standard of care. This often requires testimony from a qualified medical expert.
- Causation: You must show that the provider’s breach of duty was the direct and proximate cause of your injury.
- Damages: You must demonstrate that the injury caused by the negligence resulted in specific damages, such as medical bills, lost wages, or pain and suffering.
The New York Statute of Limitations
In New York, the statute of limitations for a medical malpractice claim is generally two and a half years from the date of the act, omission, or failure. However, there are important exceptions that can change this timeframe:
- Continuous Treatment: If you are still receiving ongoing treatment from the same provider for the same condition, the 30-month clock may not start until that treatment ends.
- Foreign Objects: If a foreign object is left inside a patient’s body, you have one year from the date of discovery to file a claim.
- Lavern’s Law: For cases involving a failure to diagnose a malignant tumor or cancer, the statute of limitations is extended to two and a half years from the date the patient knew or should have known of the malpractice, up to a maximum of seven years.
Given these strict deadlines and complex rules, it is crucial to consult with a lawyer as soon as possible to protect your right to file a claim.
If you have been harmed by medical negligence, you do not have to face this challenge alone. Contact our New York personal injury law firm today to learn how we can help you fight for justice and the compensation you deserve.