It is more common than you might think for people to suffer catastrophic injuries and illness at the hands of their trusted medical professionals. Cases like these are known as medical malpractice, and because these professionals are covered under malpractice insurance you’ll very likely be dealing with an insurer once you realize you’ve been wronged and file your claim.
Prior to doing so, it may be in your best interest to retain a respected personal injury attorney like Jaghab Jaghab & Jaghab, PC or Kinsley & Holden, PC so you have someone looking out for your rights. Continue reading to learn the most important details you need to know about medical malpractice claims in New York.
Statute of Limitations
If you’re going to file a medical malpractice claim in the hopes of seeking compensation for what has happened to you, keep an eye on the New York statute of limitations, which is 2 ½ years from the date that the incident first occurred, or from the day you become aware of what has happened. This is important because if you miss this deadline, you lose the shot to hold the person who hurt you accountable.
Fault in Medical Malpractice Cases
Many people wonder who they should file a claim against, especially if more than one party was responsible for providing your medical care. Nearly any medical professional can have a claim brought against them, including physicians, surgeons, nurses, nurses aides, OBGYN’s, and even the hospital or doctor’s office where the incident occurred.
If you’re unsure of who is at-fault, it may be best to speak with an attorney who can carefully review your medical records and the situation at hand to determine who is to blame.
No Cap on Damages
We do have some good news as you prepare to file your medical malpractice claim. Many states have caps on the amount of damages you can be repaid, but that isn’t the case in NY. There, you can seek the full amount of your losses without having to concern yourself with staying under a specific amount.
This means that you have the opportunity to obtain maximum compensation from the negligent medical professional in your case. Losses could include your pain and suffering, the cost of your additional medical care, your lost quality of life, emotional distress, your loss of income, and various other damages your attorney will take into consideration.
These are just three of the most important New York medical malpractice laws you should be aware of if ever you endure severe injury or illness at the hands of your healthcare provider, not to be considered legal advice in regards to your case.