Medical malpractice occurs when a doctor or other medical professional fails to perform their duty, due to an unreasonable level of negligence. This negligence ultimately causes the patient serious harm, which the medical provider could have prevented through appropriate care.
If you or a loved one suffered from medical malpractice, you have the right to fight back and demand compensation from your healthcare provider. However, this process is extremely difficult, and many patients never receive the financial support they deserve.
Medical professionals will do everything in their power to end a malpractice case because this claim damages their reputation and may even end their career. Furthermore, there are strict laws that can prevent patients from taking legal action against their doctors. These limitations can make suing your doctor for malpractice seem impossible, and you may lose hope that your doctor will ever have to pay for the harm they caused.
You need a medical malpractice attorney to help you navigate this difficult case and give you the greatest possible chance of a positive outcome. Your lawyer understands the complexities of malpractice claims, and they will do everything in their power to help you receive the compensation you deserve.
The New York medical malpractice lawyers at Finz & Finz P.C. have provided the following information to help you understand the hurdles you may face during your malpractice claim. If you or a loved one are seeking to file a malpractice claim, contact our office at 855-TOP-FIRM right now, for a free, no-obligation case evaluation.
Understanding the Difficulty of Medical Malpractice Cases
To file a medical malpractice lawsuit, you must follow specific steps and provide substantial evidence to prove your claim.
When you are determining whether you have legal grounds to file for medical malpractice, you must be able to prove four important elements:
- Doctor-patient relationship: evidence that you worked with this doctor and they agreed to care for your illness or injury. Your medical professional may not be liable if they were not directly involved in providing your treatment.
- Negligent behavior: your doctor failed to offer a reasonable standard of care. You need to demonstrate that any other competent medical provider would have acted differently under the same circumstances.
- Negligence caused your injury: the care your doctor provided directly caused additional pain, injury, or illness. You must prove that your original reason for seeking treatment would not have led to your current injuries.
- Your injuries caused specific harm: you need to demonstrate the physical, emotional, or financial consequences of your doctor’s negligence.
To build a successful legal argument that prooves each of these four elements, you will need substantial evidence about your case and the doctor’s course of treatment. You will also likely need to rely on expert testimony from other medical providers, to explain the medical standard of care and your doctor’s breach of duty.
Gathering all of this information is time-consuming, and you may not have access to the records and witnesses you need. Your malpractice attorney has connections in the medical field, and they will spend their time collecting evidence to support your case. Relying on a skilled attorney will help ensure that you can overcome some of the most difficult elements of your medical malpractice claim.
Medical Malpractice Laws in New York
Every state creates its own regulations regarding medical malpractice lawsuits. These laws specify when and why you can file a malpractice claim against your healthcare provider. The state of New York has particularly strict guidelines for filing a malpractice claim. If you fail to follow every element of these laws, you may jeopardize your right to compensation.
Some of the most important medical malpractice regulations in New York include:
- Statute of limitations: you must file your lawsuit within 30 months of the malpractice incident. However, if your injury occurred during treatment at a municipal hospital, you must file a notice of claim within 90 days of the injury occurring.
- The discovery rule: the deadline to file your malpractice case may be extended if you could not have reasonably discovered your injury at the time it occurred. In New York, you can only use the discovery rule if a foreign object was left in your body during a procedure.
- Shared fault: if the court determines that you are partially responsible for your injuries, you will lose a portion of the compensation you are entitled to.
- Certificate of merit: your lawyer must submit a statement explaining that they have reviewed the case with a medical professional and deem that your claim is reasonable.
- Filing deadlines: if you do not file your case by the specific statute of limitations, you forfeit your right to sue your doctor for malpractice.
These regulations create substantial barriers that could impede your ability to seek compensation after serious medical negligence. Your New York medical malpractice attorney will be familiar with all of these restrictions, and they will help you avoid any filing errors that could damage your case.
Although most of the New York malpractice regulations make filing more difficult, the state’s laws provide one significant benefit for you and your loved ones. New York does not impose any limits on the maximum amount of compensation you can receive from your case. This means that with a strong case and skilled lawyer by your side, you can seek all of the compensation you deserve for the harm your doctor caused.
How Can Finz & Finz P.C. Help?
Medical malpractice lawsuits are difficult because the burden of proof typically falls on the patient. However, your medical malpractice lawyer will help remove this weight from your shoulders and give you the best chances of winning your case.
The New York medical malpractice attorneys at Finz & Finz P.C. have over 35 years of experience protecting our clients after serious medical negligence. We are prepared to put our knowledge and skill to work to help you and your loved ones recover the compensation you deserve.
You need to take action on your medical malpractice claim as soon as possible. Contact Finz & Finz P.C. right now by calling 855-TOP-FIRM or filling out our online contact form.