Personal injury cases arising from medical and medication errors require careful analysis and legal strategy. From misdiagnoses to medication administration mishaps, tackling the challenges of personal injury in the context of healthcare negligence requires a keen understanding of the laws and rules. You deserve justice, and with the right legal representation from a New York City medical malpractice attorney, you can prove the liability of the negligent parties to pursue maximum compensation.
Common Medical Errors in New York Hospitals
In the context of personal injury law, medical errors refer to mistakes or negligent actions by healthcare professionals that cause harm to a patient. This harm can be physical, emotional, or financial. Medical errors in personal injury cases often involve instances where the standard of care provided by a healthcare professional fall below an acceptable level, leading to injury or worsening of a patient's condition.
If you suffered harm due to such errors, you may have grounds to pursue a personal injury claim against the responsible healthcare provider or institution. It’s crucial for you to consult with a NYC med mal lawyer. Your lawyer will be able to assess the details of the case, determine the viability of a claim, and guide you through the legal process to obtain compensation for your injuries and losses.
Common Medication Errors in New York City
Medication errors refer to mistakes or negligence by healthcare professionals that lead to harm or injury to a patient. These errors can occur at various stages, from prescription and dispensing to administration. Medical negligence claims related to medication errors in New York typically involve situations where the standard of care provided by healthcare professionals falls below acceptable levels, resulting in harm to the patient.
If you believe you have been a victim of a medication error resulting in personal injury, consulting with a New York City medical negligence attorney is essential.
Laws Related to Medical Malpractice in New York City
Statute of Limitations
In New York, there is a specific timeframe, known as the statute of limitations, within which a malpractice lawsuit must be filed. It is outlined in New York Civil Practice Law and Rules (CPLR) Section 214-a. Generally, the lawsuit needs to be initiated within two and a half years from the date of the alleged malpractice or from the end of continuous treatment for the same condition.
However, there are certain exceptions to this:
Comparative Negligence
New York follows a comparative negligence system as listed under the New York Civil Practice Law and Rules (CPLR) Section 1411 to 1413. If the plaintiff is found to have contributed to their own injuries, the compensation they receive may be reduced based on the percentage of fault assigned to them.
The compensation awarded to the plaintiff is then reduced by their assigned percentage of fault. For example, if the total damages are $100,000 and the plaintiff is found to be 20% at fault, their award would be reduced to $80,000.
With that said, New York follows the 50% Bar Rule, which means that if you are found to be 50% or more at fault, you will be barred from recovering any damages. If you are 49% or less at fault, you can still recover damages, but the award is reduced by your percentage of fault.
Joint and Several Liability
New York has joint and several liability rules, meaning that each defendant in a medical malpractice claim can be held responsible for the full amount of damages awarded, regardless of their individual percentage of fault. This is listed under New York Civil Practice Law and Rules (CPLR) Section 1601 et seq.
Each defendant is individually responsible for the full amount of damages awarded, regardless of their percentage of fault. If one defendant is unable to pay their share of the damages (insolvent), you can still collect the entire amount from other solvent defendants.
No-Fault Compensation System
New York operates under a no-fault compensation system for certain medical malpractice cases involving injuries sustained during childbirth. The relevant provisions can be found in Article 29-D of the New York Public Health Law. It’s designed to provide compensation for certain birth-related neurological injuries without requiring proof of fault or negligence.
The system specifically covers birth-related neurological injuries to an infant, which result in substantial motor dysfunction and developmental delays. To be eligible for compensation under the No-Fault System, the injury must occur during the birth process in a hospital or birthing center and should lead to qualifying neurological impairments.
Caps on Compensation in Medical Malpractice Claims
There are specific limitations, or "caps," on non-economic damages in medical malpractice claims as per New York Civil Practice Law and Rules (CPLR) Section 4512.
Protecting Your Rights Following a Medication or Medical Error
If you suspect you have experienced a medical or medication error, you need to obtain prompt medical attention. Your well-being should always be a top priority. Documenting any immediate health concerns is necessary. You should also reach out to a prolific and winning NYC med mal lawyer. They can evaluate the details of your case, explain your rights, and guide you through the legal process.
You need to collect as much information as possible about the incident. Document the names of healthcare providers involved, the date and time of the error, and any details about what occurred. If applicable, keep any relevant items, such as medication packaging or medical records. These can serve as evidence if you decide to pursue a legal claim.
Role of a New York City Medical Malpractice Attorney in Maximizing Compensation
Establishing Standard of Care
Your NYC medical malpractice lawyer will work with medical experts to establish the standard of care that should have been provided in a similar situation. This involves determining what a reasonable and competent healthcare professional would have done under the circumstances.
Demonstrating Deviation from Standard of Care
New York medical negligence lawyers must show that the healthcare provider in question deviated from the established standard of care. This involves presenting evidence, often with the help of expert testimony, to demonstrate negligence or malpractice.
Causation
Proving liability requires establishing a direct link between the healthcare provider's negligence and the harm suffered by the patient. A reputable medical malpractice law firm in New York City will work to show that the deviation from the standard of care directly caused your injuries or adverse outcomes.
Expert Testimony
Medical malpractice cases often hinge on expert testimony. Seasoned NYC malpractice attorneys usually collaborate with qualified medical professionals who can provide opinions on the standard of care, the deviation from it, and the causation of the injuries.
Negotiation and Settlement
You need a capable NY medical malpractice attorney to negotiate with the opposing party, typically the healthcare provider's insurance company, to obtain a fair settlement. This may involve skillful negotiation to achieve a satisfactory resolution without going to trial.
Trial Preparation and Representation
If a settlement cannot be reached, your lawyers will prepare for trial. They present the case in court, cross-examine witnesses, and make legal arguments to prove liability and acquire compensation for their client.
We Will Fight to Maximize Your Personal Injury Compensation
If you or a loved one has suffered the devastating impact of healthcare negligence, the experienced NYC medical malpractice lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP can understand your unique situation and provide the legal support you require. We have an impressive track record of success with over $1 billion won in damages for our clients. To schedule your free consultation, call us at 212-344-1000 or fill out this online contact form.
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