Between 1999 and 2008, a high proportion of medical malpractice claims were filed in New York State. Court Statistics.org reports that in 2008 medical malpractice cases resulted in 7.4% of all tort cases, and 1.1% of all civil lawsuits filed in the state. As medical malpractice laws differ from state to state, it is important to understand the New York State laws pertaining to medical malpractice before filing a lawsuit.
Medical malpractice - universal rules
Throughout the United States, some basic principles apply to all medical malpractice cases, no matter which state it is. To file a lawsuit, the plaintiff must satisfy the following conditions:
· Must have sufficient evidence to prove that a medical practitioner has breached or violated the standard of care, where standard of care refers to the generally accepted method of care a doctor applies to a patient afflicted with a particular condition.
· Must have sufficient evidence to prove that the violation of the standard of care directly caused injury to the patient.
· The plaintiff's claim will have to be corroborated by an expert witness (another doctor, not a blog writer, firefighter, or sales manager for a phone company for instance).
The above conditions apply to all NY medical malpractice cases too.
When not to file a malpractice lawsuit in NYC
Unless the above three conditions are satisfied, the plaintiff should not contemplate filing a medical malpractice lawsuit in New York. So here is a list of conditions under which a victim of medical malpractice should not file a lawsuit:
1. When the patient has been injured, but the standard of care was not breached. For example, if the newborn baby suffers birth injuries during normal birthing process.
2. When your attorneys are charging upfront fees for legal consultation. If you have to pay for the case through your own pocket, you will soon lose all your savings and may not even win the case after this financial sacrifice.
3. When you do not have conclusive evidence to prove your case. The legal system works based on the availability of sufficient and conclusive evidences.
4. Even when you can prove a doctor's negligence, if the resulting injury is not substantial enough, then no NY medical malpractice attorney will hear your case.
5. When too many medical malpractice suits are pending in your County Court, and you have no idea how long your lawsuit will take to complete.
6. When the statute of limitations for filing a malpractice lawsuit-two and a half years- have already passed since the malpractice incident.
7. When an out-of-court settlement between the plaintiff's and the defendant's insurance companies would be a far better solution.
8. If you are looking for quick get-rich schemes. Medical malpractice cases take years to resolve, and given the reputation and experience of NY defense attorneys that work for the hospital, your damage claims can become depleted in a few cases even if you win. A sound law firm such as RMFW Law will not a try a case unless they know it is strong and if they win, the payoff will be certainly worth it.
If you are contemplating a medical malpractice case, but not sure if it is a good idea, then get in touch with the best medical malpractice law firm in New York Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. They will give you an honest opinion about your possible case during the free case evaluation. That is right, the first meeting is free.
You do pay us anything until we win the case or it is settled. We keep you informed every step of the way.
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