If an individual is injured while in the care of a hospital in the State of New York, that individual or the individual's family may typically bring a medical negligence lawsuit against the hospital where the injury occurred. The lawsuit is usually based upon medical malpractice, or medical negligence.
Common Types of Medical Negligence in Hospitals
There are various ways that medical negligence can arise against a hospital. Some common scenarios include the following:
- medical mistake
- failure to obtain the full medical history of the patient which results in an injury
- administering the wrong blood type
- administering a medication the patient is allergic to
- performing the wrong surgery on a patient
- performing surgery on the wrong organ of a patient
- a physician's performance of a surgery or treatment while under the influence of alcohol or other substance
- leaving a medical device inside a patient's body following a surgery
- failure to respond to warning signs that a patient is exhibiting of a serious or life-threatening condition
- failure to monitor a patient's condition which results in an injury
What Must Be Proven in a Medical Malpractice Case Involving a Hospital
In order to prove a medical malpractice case against a hospital, there are certain elements which must be proven. These key factors include:
- that a physician, nurse or other medical staff member employed by the hospital deviated from the accepted standard of medical care
- that the deviation of this individual 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 Against a Hospital
In order to properly file a medical malpractice case against a hospital, it is necessary to file the case within a specific time period, known as the "statute of limitations." In a medical negligence case against a hospital, the case must be filed within thirty months of the injury. However, if the case involves a medical device which was left inside of a patient's body, the case has to be asserted within a year that the device was discovered.
Getting Legal Help
If one has suffered an injury while in the care of a hospital, one should consider consulting with an experienced medical malpractice attorney as soon as possible. An experienced medical malpractice attorney can not only review one's case in order to determine whether one has a viable case, but also an attorney can help to figure out which legal options are the most appropriate. In addition, an attorney will be able to help one obtain the compensation one deserves.
