Our Experienced New York City Medical Malpractice Attorneys Explain Some Important Things You Need To Know If You Believe You Were Injured by Medical Malpractice
Medical malpractice is more common than you may think. In fact, the Journal of Patient Safety reported that up to 440,000 patients a year suffer some type of medical malpractice that contributes to their death. This statistic makes medical errors the third-leading cause of death in America. While most doctors and hospitals try their best to avoid harming patients, medical mistakes can cause serious injury and even wrongful death. If you believe you were injured by medical malpractice, contact our experienced New York City medical malpractice attorneys for a free consultation.
How Do You Prove Medical Malpractice?
There are some basic elements that must be proven in every medical malpractice case, regardless of the type of claim involved. Specifically, you must show that:
- You had a doctor-patient relationship with the doctor you are making the claim against;
- Your doctor’s care fell below accepted standards of medical care; and
- You were injured as a result.
To establish a medical malpractice case, an independent doctor must review the records and the facts of the case and conclude that medical malpractice was committed. This is a legal requirement. A lawsuit can be filed only after the case is reviewed and approved by an independent doctor.
What are Some Common Medical Malpractice Claims?
There are many different types of medical malpractice claims. For example,
- Birth Injury claims, including brain injury claims, cerebral palsy, and other types of birth injury claims;
- Failure and Delay to diagnose claims, including the failure to diagnose breast cancer, stroke and other failure to diagnose claims;
- Surgical errors; and
- Anesthesia errors.
Are there Time Limits to Filing a Medical Malpractice Case?
Its important to know that your time to start an action for medical malpractice, known as the statute of limitations, varies greatly. In Manhattan, for example, some hospitals like Harlem Hospital, Bellevue Hospital and Metropolitan Hospital are operated by the New York City Health and Hospitals Corporation, a municipal defendant. To bring an action against a municipal hospital, you are required to file a Notice of Claim within 90 days of the medical malpractice. If you fail to do so, you can request that the Court allow you to file the claim late. However, judges are generally reluctant to grant this type of application.
Additionally, medical malpractice claims against municipal hospitals in Manhattan must generally be started within 1 year and 90 days of the malpractice. This is a much shorter statute of limitations, than claims against private defendants. For example, cases against private hospitals, like Montefiore Medical Center, can usually be started within 2 years and 6 months, without the need to first file a Notice of Claim within 90 days.
New York City Malpractice Lawyers24-7.com | Ask Questions – Get Answers
If you have any questions about your medical malpractice claim, contact our experienced New York City medical malpractice attorneys for a free consultation by email, or calling (800) 762-9300. You can also fill out a medical malpractice case intake form, and one of our attorneys will get right back to you.