If a person has been injured while in the care of a medical professional or a hospital or other medical provider, that person may have a viable medical negligence case in the State of New York, depending upon the circumstances. The lawsuit is typically based upon a theory of medical malpractice.
Common Types of Medical Negligence in the State of New York
There are various ways that medical negligence can arise in the State of New York. While the following list is not all encompassing, some common ways that medical malpractice can occur include the following:
- administering the wrong blood type to the patient
- administering a medication the patient is allergic to
- performing incorrect surgery on a patient
- performing surgery on the incorrect body part or organ of a patient
- a physician's performance of a surgery or other medical treatment while under the influence of alcohol or drugs
- leaving a medical device inside a patient's body following surgery
What the Injured Patient Has to Prove in a Medical Malpractice Case in the State of New York
If an injured patient proceeds with a medical malpractice case, the patient must prove several elements in order for the case to have success in the State of New York. These elements include the following:
- a physician, nurse or other medical provider deviated from the accepted standard of medical care
- that the deviation of this individual or entity caused an injury to the patient
- that the injury has resulted in permanent disability or wrongful death of the patient
Statute of Limitations for Filing a Medical Malpractice Case
In order to properly file a medical malpractice case, the medical malpractice case must be commenced within a specific time period. Generally, in a medical negligence action the case must be filed within thirty months of the patient's injury. It is important to note that there may be exceptions to this general rule, so one should always check with an attorney who has expertise in medical malpractice. Moreover, if the medical malpractice case involves a medical device which was left inside of a patient's body, the case must be filed within one year of the discovery of the object.
Getting Legal Help
If one has suffered an injury while receiving medical care and/or treatment, one should consider consulting with an experienced medical malpractice attorney. An experienced medical malpractice attorney can not only review one's case in order to determine whether one has a case, but also a seasoned medical malpractice attorney can help to asses which legal options are the most appropriate.
