WHAT CONSTITUTES A MEDICAL MALPRACTICE CASE IN NY

Medical malpractice cases are immensely challenging and require the help of a NYC medical malpractice attorney to help you prove your claim. There are four elements you must prove in order for you to win the case.

COMMON CAUSES OF MEDICAL MALPRACTICE 

A valid claim for medical malpractice could arise because your doctor or healthcare provider made a serious mistake that another would not have made. Examples of actionable medical malpractice in New York include the following:

• Failure to diagnose the patient
• Misdiagnosis
• Prescription drug errors, including prescribing the wrong drug, the wrong dosage, or the wrong method of administering the drug
• Emergency room errors
• Surgical errors
• Operating on the wrong body part
• Failure to obtain a full patient history
• Anesthesia errors
• Hospital errors
• Failure to diagnose cancer
• Birth injuries
• Failure to obtain a patient’s informed consent
• Use of defective products

Victims of medical malpractice are often unsure about what happened. It’s common to merely suspect that something went wrong. In other cases, your doctor or nurse might have apologized for a mistake. Koenig Pierre is a New York Medical Malpractice attorney that has the resources to investigate your claim. Rest assured, he will not rest until the justice you deserve is served.

STATUTE OF LIMITATIONS FOR FILING A MEDICAL MALPRACTICE CLAIM

It’s always important to act quickly and hire an injury lawyer as soon as you can. New York law provides a set time period during which you can file a claim for compensation. The statute of limitations for filing a medical malpractice claim is 2.5 years (30 months). The clock begins to run on the date that the medical mistake happened. If you continue to see your doctor after the mistake and they make mistakes during that ongoing treatment, you have 2.5 years from the date of the last appointment.

THE DISCOVERY RULE

Something called the “discovery rule” can give you additional time to file a claim in situations where you did not know about the doctor’s mistake. The New York discovery rule applies as follows

• Foreign objects. If the claim is based on a surgeon leaving a foreign object in your body, you have one year from the date you knew or reasonably should have discovered the mistake.

• Cancer. If the case is based on failure to diagnose cancer, you have 2.5 years from the date of discovering the mistake. However, the claim must be filed no later than 7 years after the mistake (or after a continuous course of treatment ended).

WHO IS LIABLE FOR A MEDICAL MALPRACTICE INJURY?

Despite popular belief, it’s not individual doctors or nurses that you always hold accountable for medical malpractice losses. In many cases, a hospital will present a legal defense on a staff member’s behalf. In turn, you need to bring your case against the entire suite

Alternatively, pharmacies that give you the wrong prescription may see you hold a commercial chain or similar medical institution accountable for your losses. In either of these cases, don’t let the size of a liable party intimidate you. Instead, you can turn to a medical malpractice attorney in NY.

We can help you address your claim and issue a summons to the appropriate parties. We’ll meet any pushback with our years of experience, keeping conversations civil while still advocating for the financial support your losses may entitle you to.

DAMAGES AVAILABLE FOR MEDICAL NEGLIGENCE VICTIMS

We all know how important it is to get quality medical treatment as soon as possible when sick or injured. Negligent medical treatment jeopardizes your most important asset—your health. Your doctor’s careless acts or omissions can be expensive and emotionally traumatizing.

Koenig Pierre fights to get the fair compensation you need to move forward. That compensation should include:

• All current and future medical bills related to the harm caused by your doctor’s negligence.  
• Any costs related to treating your worsened condition, including in-home care, home modifications, medical devices, and physical therapy
• Lost wages and income
• Loss of your future earning capacity
• Loss of enjoyment of life
• Pain and suffering
• Emotional distress
• Compensation for wrongful death if you lost a loved one due to medical negligence
• Money can never truly compensate for the loss of good health. It can provide a way to protect yourself going forward. To learn more about your rights, call today for a free consultation.

Client Focused. Results Driven.