Many people are under the impression that bad things simply don’t happen to some people, especially people who are well-connected or wealthy. But that’s simply not the case. Medical malpractice can happen to anyone.
Trevor Noah, the host of “The Daily Show,” is suing a New York hospital, claiming that professional negligence involved in his case has left him with severe and permanent injuries. He is accusing the doctor and hospital of failing to properly diagnose and treat him.
If this same scenario were to happen to you, what could be done about it? Read on to find out what you can do if you’re a victim of medical malpractice in New York.
What Is Medical Malpractice in New York?
Medical malpractice is a certain type of professional negligence that is perpetrated by a healthcare provider. Negligence is defined in this context as deviation by the healthcare provider from standard medical practice or actions that fell below the accepted standards.
When this type of negligence ends for the patients in illness or injury, then it’s possible that medical malpractice has occurred.
The Elements of Medical Malpractice
If you want to sue a doctor, nurse, physical therapist, other healthcare professionals, or hospital for medical malpractice, there are certain things that must be shown in court. These are what are referred to as the elements of the case.
Essentially, the patient who has been injured must show a link between the negligence and the injury or illness that subsequently occurred. You must demonstrate that negligent act is the definite, absolute cause of the illness or injury – not simply something that occurred at around the same time as the negligence. You need a clear connection if you want to prove a medical malpractice claim.
The basic elements of a medical malpractice claim in New York are:
You must show that the healthcare provider who was caring for you had a legal duty of care to do so.
You must then show how the provider breached that duty of care. This can be done by demonstrating how their actions deviated from standard accepted medical practice – or fell below it.
The breach of duty must then be shown to have caused or contributed to the illness or injury suffered by the patient.
You must finally show that damages were suffered as a result of the illness or injury caused by the provider.
The Statute of Limitation in New York
If you want to file a medical malpractice claim in New York, you only have a certain amount of time under the law to do so. The action for personal injury under New York state law mandates that you must file the lawsuit within two and a half years of the injury or illness – or when you discovered you were made ill or injured due to negligence.
You must file within this time period or your case will be dismissed by the court.
What’s the reason for the statute of limitations in cases like these? The court wants any medical malpractice claims to be sound. The sooner they can be filed after they occur, the easier it will be to collect evidence to establish cause. The longer you wait, the less compelling your case may become.
Medical malpractice can be devastating, so make sure to get the compensation you deserve.