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
- 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
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!