In general, you have 2.5 years in New York between the date of the medical malpractice incident and by the time you need to file a medical malpractice claim. However, depending on the circumstances, there are certain exceptions. If the incident occurred in a municipal clinic or hospital, usually the time restriction is 90 days. But then again, an expert medical malpractice attorney can assist you in filing a late claim. Every case is different and if you team up with a knowledgeable lawyer, he will be able to explore the legal options that are available to you.
For a medical malpractice case that is litigated in New York, your lawyer must be able to prove that your injury occurred as a direct result of a medical health care professional who was responsible for you, deviating from the standard protocol of care. In unsophisticated words: it needs to be proven that your injury is a result of negligence.
Another factor is: you were discharged too early from your medical care which contributed to your personal injuries. Lastly, the injuries you are suffering from are of significant nature, permanent and impair your quality of life as well as your ability to make a living.
All of the aforementioned conditions must be proven by relevant witnesses, like a physician that treated you and can confirm the relevance of your injuries to your claim, or by an expert who was put in charge to review all aspects of your medical malpractice claim.
Medical malpractice is often caused by misdiagnosis or failure to diagnose an illness. Interestingly enough, the most common causes of medical errors are not linked to situations where a doctor does actually do something wrong, but when he failed to do the right thing. The HMO as it is currently modeled, often puts doctors in a position where their decision regarding a patient's health are influenced by monetary aspects. Insurance companies encourage and reward doctors to seek options to save money. Therefore, it is not surprising to realize that frequently, cases of misdiagnosis occur when either rather expensive, yet necessary, medical tests are being skipped or when test result data is misinterpreted or misdiagnosed as a less serious health condition than it actually is. Examples of when doctors fail to make the right diagnosis include, mesothelioma, asbestosis, lung cancer, bladder cancer, brain tumors and pneumonia.
Other causes of medical malpractice include but are not limited to: surgical errors, anesthesia, infections and bleeding.
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