In general, medical malpractice is defined as when a medical provider breaches, or violates, the standard of care, which then results in injury to a patient. Each state sets its own limits (called the statute of limitations) as to how long an injured patient can wait before filing a medical malpractice claim. According to New York medical malpractice law, you have up to two-and-a-half years to file a medical malpractice claim. Foreign object cases-cases in which a doctor or other healthcare professional leaves a foreign object in the patient’s body-are granted an exception. Patients may bring these cases anytime within one year after the object is discovered.
Why our Firm:
If you have been injured due to a doctor’s misconduct or error in judgment, you may have a legitimate medical malpractice claim.
Many states have enacted laws that place limits on how much an injured patient can collect when suing a healthcare provider for medical malpractice. The award that an injured patient seeks as compensation for injuries is known as damages.
There are three main types of damages available in New York medical malpractice cases. The first is known as compensatory damages. These damages compensate a victim of medical malpractice for such things as medical costs and loss of wages due to time off from work.
The next type of compensation is known as non-economic damages. These compensate a patient for such things as pain and suffering.
Finally, punitive damages are also available in certain cases. To receive punitive damages, you and your attorney must show the healthcare provider acted recklessly, such as when a healthcare provider acts with malice or fraud.