Can I Recover Damages for Medical Malpractice in New York if I Have a Fatal Disease?


A: As a patient, you may have the right to recover damages for medical malpractice in New York even if you have a fatal disease. Generally, in order to recover damages for medical malpractice you need to prove not only that a doctor or hospital was negligent but also that you suffered because of it. Just because you have a fatal disease does not mean that you have not suffered.

For example, if you have a late stage cancer, you may be suffering because of your doctor's failure to diagnose your cancer at an earlier stage. While the cancer may be fatal, you were denied the opportunity to seek treatment at an earlier stage. That may hasten your death and deprive you of time that you likely could've had with your family and friends. That may have caused you significant physical and emotional pain.

For more information about whether you may be able to recover damages for medical negligence even if you have a fatal disease, please contact an experienced New York medical malpractice attorney. The experienced and compassionate New York medical malpractice lawyers at The Pagan Law Firm are committed to helping you get the fair and equitable damages to which you may be entitled under New York law. Call us today at 1-800-PAGAN-911 to learn more.