New York Medical Malpractice laws do not place any caps on non-economic damages, so awards and settlement amounts are much larger in New York than other states. What this means for people injured by medical negligence in New York is that they have a much better chance at recovering damges through a medical malpractice lawsuit than in states that limit recovery for damages.
Can I File a Suit Against a Doctor in New York?
In order to bring a medical malpractice lawsuit in New York, you will need to show that a doctors negligence directly caused you undue injury. In order to have a valid medical malpractice case in New York, there are a few questions that need to be answered.
How Was the Doctor Negligent?
Filing a lawsuit against a doctor in New York requires some form of negligence on the part of the medical professional or hospital staff. Some common medical mistakes that can be cause for ngligence are as follows:
- Misdiagnosis or Failure to Diagnose Cancer
- Misdiagnosis of DVT (Deep Vein Thrombosis)
- Failure to Treat a Pulmonary Embolism
- Failure to Diagnose Coronary Artery Disease
- Failure to Recognize Signs of an Impending Heart Attack
- Birth Injury such as Cerebral Palsy Due to Negligent Delivery
- Failure to Follow Up With Treatment
- Surgical Errors and Surgery Injuries
- Emergency Room Mistakes
There are many different ways that a doctors negligence can cause injury, and it usually stems from a doctors failure to perform his or her duty to the accepted standard of care.
Is the Injury Significant?
Soft tissue injuries, or other injuries that do not have any significant impact are unlikely to merit the expense of filing a lawsuit against a doctor. Filing a medical malpractice lawsuit in New York is expensive, and the award or settlement amount is determined by the amount of damages, or the seriousness of the injury. If the injury is minor, then it will probably cost more to prosecute the suit that the award or settlement would be.
What Are the Attorney Fees for a Medical Malpractice Suit in New York?
Most New York Medical Malpractice lawyers work on a contingency fee basis, so you do not have to pay them unless they win your case. Usually, the contingecy fee is between 30%-40% of the settlement amount, or court award should the case go to trial.
What is the Time Limit for Filing a Lawsuit Against a Doctor?
In New York, the statute of limitations is generally three years from the date of the injury, but this varies depending on certain details of the case. It is important to talk to a medical malpractice lawyer as soon as possible, to ensure you do not lose your case due to missing a time limit.
Most medical malpractice lawyers will offer a no-cost consultation where you can discuss the details of your case, and find out what options you have for pursuing compensation for your injury.
