Medical Malpractice and the Law: Remember Your Rights

Posted By Mirman, Markovits & Landau, P.C. || 13-Nov-2015

Medical malpractice cases are their own sector of personal injury law. They are subject to different laws, as well. Namely, the statute of limitations in New York is two and a half years; in other words, this is the amount of time that you have to file a lawsuit against those who caused your injuries and other damages from malpractice. The clock will begin ticking on the last day that your treatment was considered complete and the doctor said you were free and clear to go. There is one exception to this, also. In cases where a foreign object is found in the body, e.g. during surgery, the statute of limitations after discovering the object is one year.

Making the Case for a Claim

Health care practitioners owe their patients a standard of care, one that involves an element of trust in the physician to follow that standard. All health care professionals must undergo years of training and even ongoing education, pass stringent license exams, and take an oath before they can begin their practice. This is one of the largest reasons why patients place so much trust in the doctors; they trust their expertise.

Medical malpractice may include any of the following:

  • Wrong treatment was given
  • Misdiagnosis or failure to diagnose
  • Pharmacy errors
  • Leaving foreign object in the body
  • Not informing patient of potential risks
  • Doctor fails to consult with proper specialists

That trust can be broken by negligence, though, and the cost of treating injuries due to malpractice can be enormous, on top of the treatments that you had to have for the initial injury or illness. If you choose to make a claim or sue the hospital where you received treatment, you may be able to gain compensation that can help you during your recovery.

Compensation may cover:

  • Emotional and/or mental anguish
  • Rehabilitation
  • Continued treatment and medication
  • Costs of transportation to treatment facility
  • Corrective surgical procedures
  • Lost income and future earning potential

You should never have to suffer at the hands of another, especially if you were under the care of a health care professional. Remember that under the law, anyone who was wronged due to negligence has the right to seek restitution. That is where we come in.

Think you have a case? Get us on it!

While it may seem overwhelming to try and piece all of the events together, you do not have to go it alone. We can handle it! You can bring all of your medical records and documents, and talk about your experience. Our job will be to work on proving negligence and fighting for you when the time comes.

We are the strength you need to get you through this difficult time. Call Mirman, Markovits & Landau, P.C. to get fierce representation and prepare your medical malpractice claim!

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