If an individual seeks to file a medical negligence case in the State of New York, that individual or the individual's family may typically bring a medical negligence lawsuit against the physician, medical provider, hospital or other health care entity where the injury occurred. 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 exhaustive, some common scenarios include:
- medical mistakes and errors
- a physician or other medical entity's failure to obtain a patient's medical history which leads to an injury
- administering the wrong blood type
- administering a medication the patient
- 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 during a surgical procedure
What One Has to Prove in a Medical Malpractice Case in the State of New York
There are several elements one must prove in a medical malpractice case 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, one must file the medical malpractice case 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. In addition, if the 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. Finally, if the case involves a minor, the case can usually be held off from filing, until the minor attains the age of eighteen, subject to certain limitations.
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 an attorney can help to asses which legal options are the most appropriate.
