Starting a Medical Malpractice Lawsuit
Medical malpractice is complex and involves the expert opinion of medical experts. If you suffered serious and permanent injuries as a result of medical negligence, you may be able to file a medical malpractice lawsuit. First, you should have your medical records reviewed to determine if your case has merit. There are many deadlines for malpractice suits and medical malpractice attorneys are familiar with them.
Medical malpractice occurs when a medical provider breaches or violates the standard of care, which results in an injury to the patient. The standard of care is the reasonably accepted level of care that a healthcare provider should provide. The standard of care may vary depending on the age of the patient and his or her medical condition. There are four elements of a medical malpractice claim:
- The medical provider owed a duty to the patient;
- There was a breach of that duty; and
- The breach of that duty must be the proximate cause of the patient’s harm;
There is a statute of limitations for filing. In New York, individuals have two and one-half years to initiate a claim. The statute of limitations usually begins to run when the injury occurs. If an injured party does not file on time, they lose the right to file. Lawsuits can compensate you for damages such as lost wages, future lost wages, medical expenses, both past and future, as well as non-economic damages, such as pain and the suffering.
A doctor who is sued will not lose his or her medical license if the lawsuit is successful. Instead, a lawsuit attempts to compensate the injured victim and tries to prevent the doctor from repeating the same type of negligence. Some common types of medical malpractice actions involve birth injuries, leaving objects inside of patients’ bodies during surgery, failing to diagnose cancer or another medical condition, or lack of oxygen during surgery. However, almost any type of medical procedure or negligence in medical care can result in a medical malpractice claim. If you have been seriously harmed in the course of medical treatment, consult with a personal injury attorney.
