If you are injured when receiving healthcare, you may be able to make a medmal case claim. But how do you know if your injuries are as a result of poor care on the part of the medical team or simply something else?
This article looks at medical malpractice in New York and points out how you can know if you have a legitimate medmal case should you get hurt when receiving healthcare, and what you can do about it.
What Is Medical Malpractice?
Medical malpractice happens when a medical professional causes harm to a patient by failing to provide an adequate standard of care. This might consist of the medical professional making a mistake or negligent action, or it could be the result of not taking any action at all.
But not every bad outcome is due to malpractice. In order for something to be considered as such, negligence must have been involved, and that negligence must have led directly to the injury.
There are many types of malpractice cases, ranging from errors during surgery to misdiagnosis; delayed diagnosis; failure to warn about known risks; improper aftercare or discharge; and prescribing or administering medication incorrectly.
If you believe you have suffered harm as a result of malpractice, it’s best to speak with an attorney as soon as possible so that nothing is lost from your case during the time you wait
Common Causes Of Medical Malpractice Claims
There are different types of situations where malpractice can occur in a medical setting, including surgical errors, misdiagnosis, and mistakes made during the birthing process.
Some common causes for medmal cases include.
- Improper treatment or diagnosis
- Failure to diagnose or delayed diagnosis
- Unnecessary surgery
- Surgical errors
- Failure to obtain proper informed consent
- Medication errors
- Poor aftercare
- Failure to order proper testing or improper interpretation of test results
Med mal cases are most likely to be resolved in favor of the injured party in New York. In fact, according to the Buffalo Law Journal, up to $685.3 million in claims was paid out to medmal victims in New York in 2018.
Damages Caused By Medical Malpractice
A person injured as a result of medical malpractice may be eligible for compensation from the negligent party in order to cover their medical costs and other expenses related to their injury or illness. This can help them get back on their feet financially after being affected by this type of mistake on the part of healthcare professionals in charge of their care.
There are three main types of damages that are awarded in medical malpractice cases: economic loss, non-economic loss, and punitive damages.
- Economic losses include anything that costs money, such as:
This includes all the past, present, and future medical bills related to your injury. It doesn’t matter whether the doctor is liable or not, you’ll still need to pay your medical bills. However, if the doctor is found guilty, then he or she will have to pay for your medical expenses.
If your injury prevents you from working, then you may be entitled to lost wages. Victims often receive compensation for lost wages from the day of their injury until they return to work. If you’re unable to return to work due to your injuries, then you may also be entitled to future lost wages.
- Non-economic losses include things like pain and suffering which don’t have an exact financial value but are still part of the injury suffered by the victim.
- Punitive damages are meant to punish the offender for their actions with an amount greater than what is needed to compensate the victim’s injury or loss; they’re often used as deterrents against future wrongdoing by others who may be considering taking similar actions against their patients or clients on purpose without regard for consequences.
So, How do I know if I have a MedMal claim in New York?
If you were the victim of medical malpractice in New York, you might be wondering if you have a claim. Most people don’t realize that not every bad result from a doctor, hospital, or other medical provider is necessarily due to medical negligence. Many bad results are simply unfortunate complications or side effects of necessary treatment.
You may have a medical malpractice case in New York if the following things are true:
- You had a physician-patient relationship and your health care professional (physician, nurse, pharmacist, etc.) owed you a duty of care, meaning they had the responsibility to provide you with services that met the standards of their profession;
- The health care professional breached their duty of care by making an error that fell below the accepted standard;
- The breach in duty was directly related to your injury; and
- You suffered damages as a result of the injury caused by the breach of duty.
What Should I Do If I Have A MedMal Claim In New York?
If you believe you have a medical malpractice claim, it is important to know what to do and what not to do. First, you should seek the advice of a qualified medical malpractice lawyer. Having an experienced attorney by your side can help protect your rights from the moment you first file your claim.
It is important to make sure that any potential claim is not barred by the statute of limitations. In New York, there is a two-and-a-half-year statute of limitations for medical malpractice claims. This means that if you fail to file suit within two years and six months after the alleged malpractice occurred, the law will prohibit you from bringing a lawsuit.
Even though many states have this type of deadline, some types of cases allow for an extension. It is best to consult with an attorney as soon as possible to determine whether your case falls into one of these categories.
Once this deadline has run out on your claim, it is too late to file suit—regardless of how strong your case may be. You will lose all rights to receive compensation for medical bills, lost wages, pain, and suffering, and other damages.
Once your attorney has filed your lawsuit, he or she will begin collecting evidence to support your claim. You may be asked to provide additional information about the incident and to provide permission for your attorney to access records related to your treatment.
You may have a medical malpractice case in New York if you can prove that the care you received from a medical professional was not up to standard.
To win your case, you must prove:
- The healthcare professional had a duty of care to you
- The healthcare professional breached this duty of care through an act or omission
- You suffered damages as a result of the breach of care
If you believe that you have been injured due to the negligence of a medical professional, it is important that you contact a New York attorney immediately.
A good attorney will help you determine correctly if you have a NY medmal case. He or she will also be able to advise you on your next steps. Once he or she has evaluated the facts of your case, then you can move forward.