If you’ve been injured due to medical malpractice in New York City, you may wonder about your legal rights. New York City has specific laws regarding medical malpractice, which can be confusing if you don’t know what to look for. This blog post will discuss New York City’s medical malpractice laws and how they may apply to your case.
What Is Medical Malpractice?
Medical malpractice is negligence by a healthcare professional that leads to injury or death. To prove medical malpractice, you must show that the healthcare professional owed you a duty of care, breached that duty of care, and that the breach caused your injuries. Medical negligence is a serious offense. After all, medical negligence can result in the death of patients.
Medical malpractice victims can suffer various injuries, ranging from minor to life-threatening. Some common examples of medical malpractice or medical mistake cases include birth injuries, surgical errors, misdiagnosis or delayed diagnosis, and medication errors.
While there have been many reforms to New York’s medical malpractice laws over the years, these cases can still be complex and challenging to win. If you believe that you or a loved one has been a victim of medical malpractice, it is essential to speak with an experienced New York medical malpractice lawyer who can help you understand your legal rights.
Why Do Medical Malpractice Cases Still Occur?
There are several reasons why medical malpractice cases or medical negligence still occur despite the many reforms that have been put in place. One reason is that some healthcare professionals are simply careless and do not take the necessary precautions to prevent errors.
Another reason is that some healthcare facilities are understaffed and overworked, leading to mistakes. Additionally, some medical conditions are simply unpredictable and no matter how well a healthcare professional tries to care for a patient, things can still go wrong.
Hospitals and other healthcare institutions are doing their best to reduce the number of medical malpractice cases, but unfortunately, they still occur. However, it’s essential for hospitals and other healthcare institutions to become more accountable for their actions and to be held accountable when mistakes are made. This way, victims of medical malpractice can get the justice they deserve. Medical malpractice claims can be processed easily by an attorney who knows his or her way around medical malpractice lawsuits.
What Are New York City’s Medical Malpractice Laws?
New York City has some of the country’s most complex medical malpractice laws. These laws are constantly changing, so it’s important to speak with an experienced New York medical malpractice attorney who can keep you up-to-date on the latest changes and the progress of your case.
Some of the most important New York City medical malpractice laws include the following:
There Is No Cap on Non-Economic Damages in New York City Medical Malpractice Cases
New York City has no cap on non-economic damages in medical malpractice cases. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
New York City Medical Malpractice Cases Must Go to Trial Within Two Years
In New York City, medical malpractice cases must go to trial within two years. This is a much shorter time frame than in most other states, so your case will need to be prepared quickly.
If you are considering filing a medical malpractice lawsuit in New York City, you must speak with an experienced New York medical malpractice lawyer as soon as possible. A seasoned attorney can help you understand your legal rights and ensure that your medical malpractice case is handled correctly.
Limited “Discovery” Rule
New York City has a limited “discovery” rule, which means that you have two years from the date of your injury to file a medical malpractice lawsuit. However, this only applies if you can prove that you could not have reasonably discovered your injury within those two years.
For example, if you were misdiagnosed with a condition that did not show symptoms for two years, you would have two years from your diagnosis to file a medical malpractice lawsuit.
“Continuous Treatment” Rule
The continuous treatment rule applies to New York City medical malpractice cases. This rule provides that the two-year statute of limitations does not begin to run until you have stopped receiving treatment from the healthcare provider who caused your injury.
For example, if a surgeon injured you during an operation, the statute of limitations would not begin to run until you had finished all follow-up care and treatment related to that surgery.
“Foreign Object” Rule
This rule provides that if a foreign object, such as a surgical instrument, is left inside your body, you have one year from the surgery date to file a medical malpractice lawsuit. Otherwise, your case will be barred.
“Wrongful Death” Rule
The wrongful death rule states that if your loved one dies due to medical malpractice, you have two years from their death to file a medical malpractice lawsuit.
“Childhood Immunization” Rule
The childhood immunization rule applies to New York City medical malpractice cases. This rule provides that if a vaccine injures your child, you have two years from the date of the injury to file a medical malpractice lawsuit.
“Wrong Site” Rule
The wrong site rule states that if they operate on the wrong body part, you have two years from the surgery date to file a medical malpractice lawsuit.
Statute of Limitations for Children
New York City’s statute of limitations for medical malpractice cases is different for children. If your child is injured by medical malpractice, you must file a lawsuit by the time they turn 18 years old. However, if your child does not discover their injury until after they turn 18, you have one year from the date of discovery to file a lawsuit.
New York City medical malpractice laws are complex, and you must speak with an experienced attorney if a healthcare provider has injured you or a loved one. A seasoned attorney can help you understand your legal rights and ensure that your case is handled properly. The Pagan Law Firm has experience handling New York City medical malpractice cases, and we are here to help. Contact us today for a free consultation.
The “Sliding Scale” Limit on New York Medical Malpractice Lawyers’ Fees
Most personal injury attorneys work on a contingency basis, meaning they only get paid if their client wins their case. If the case is successful, the attorney will receive a percentage of the settlement or jury award. The amount varies depending on the state but usually ranges from 33 to 40 percent.
In some states, the attorney can take a smaller percentage if the case settles before going to trial. The fee is often capped at a certain amount in medical malpractice cases.
New York City has a “sliding scale” limit on how much New York medical malpractice lawyers can charge. This means that the lawyer’s fee is based on a percentage of the amount of money you recover in your case.
Depending on the contract that the plaintiff signs with the lawyer, the lawyer may be entitled to a percentage of the damages recovered, either as a contingency fee or as an hourly rate. The contingent fee is typically a percentage of the amount recovered and is only paid if the plaintiff recovers money.
The most common arrangement is for the lawyer to receive one-third of any recovery up to $250,000 and half of any amount over $250,000. In other words, if the plaintiff receives $300,000, the lawyer would be entitled to around $100,000 — one-third of the first $250,000, plus one-half of the remaining $50,000. If the case goes to trial and the plaintiff receives nothing, then the lawyer also receives nothing.
However, if the case settles before trial, then the lawyer will usually receive a smaller percentage of the total settlement because they did not have to put in as many hours of work on the case.
While this may seem like a lot of money, it’s important to remember that medical malpractice cases are often very complex and time-consuming. NYC medical malpractice attorneys typically invest significant time and money into these cases, and they deserve to be compensated for their work. Just make sure you invest in a reliable law firm like the Pagan Law Firm to have more chances of winning medical malpractice cases that have led to devastating consequences for you or your loved one.
No Limits on Damages for Medical Malpractice
Medical malpractice cases can be incredibly complex, and damages can vary widely depending on the facts of the case. In some instances, damages may be limited by state law. However, in New York, there are no limits or caps on the number of damages that can be awarded in a successful medical malpractice claim. This means that juries have significant discretion when it comes to awarding damages.
As a result, claimants in New York may be able to recover significantly more in damages than they would in a state with capped damages. However, it is important to note that even in New York, there are still limits on the types of damages that can be recovered. For example, punitive damages are generally not available in medical malpractice cases. If you have been the victim of medical malpractice, you must speak with an experienced attorney who can help you understand your rights and options.
Certificate of Merit
New York’s “Certificate of Merit” requirement for medical malpractice lawsuits is intended to ensure that only cases with a reasonable basis are brought before the courts. By requiring the plaintiff’s lawyers to consult with licensed physicians, the hope is that frivolous or unfounded lawsuits will be weeded out early on.
In cases where it is impossible to consult with a physician, the lawyer must still make a good faith effort. This requirement helps to ensure that only cases with merit are brought forward and helps to protect the time and resources of both the court system and the defendants.
However, there have been cases where the courts have found that the Certificate of Merit requirement was not met and dismissed the case. Suppose you are considering bringing a medical malpractice lawsuit. In that case, it is important to speak with an experienced attorney who can help you understand the requirements and ensure that your case meets all of the necessary legal criteria. Otherwise, you risk having your case dismissed before it even gets started.
How To Start Medical Malpractice Case Processes
The first step in any medical malpractice case is to consult with an experienced attorney. New York City medical malpractice laws can be complex, and it is important to have an attorney on your side who understands the ins and outs of these cases.
Your attorney will review your case and help you determine whether or not you have a valid medical malpractice claim. If you do have a claim, your attorney will help you gather the necessary evidence and documents to support your case.
New York City medical malpractice laws require that all medical malpractice claims be filed within two years of the date of the alleged malpractice. This is known as the statute of limitations. If you try to file your claim after this period has expired, your case will likely be dismissed.
As a result, it is important to consult with an attorney as soon as possible after the alleged malpractice occurred. Your attorney can help you navigate the New York City medical malpractice laws and ensure that your claim is filed in a timely manner.
Who Is Held Accountable in New York City Medical Malpractice Cases?
Medical malpractice cases can be brought against a variety of different parties. In some cases, the claimant may sue the doctor who performed the negligent act.
In other cases, the claim may be brought against the hospital where the negligence occurred. In New York City, medical malpractice claims can also be brought against any other health care providers who were involved in the care of the claimant.
New York City medical malpractice laws are designed to hold all parties who were involved in the care of the claimant accountable for their actions. This means that anyone involved in the care of the claimant, from the doctor to the hospital staff, could be held liable for any damages. For example, if a nurse was negligent in providing care to a patient, the claim could be brought against both the nurse and the hospital where the negligence occurred.
Understanding Pure Comparative Fault
New York City medical malpractice laws use a pure comparative fault system to determine how damages are awarded in these cases. This means that the court will look at the actions of both the claimant and the defendant to determine who is more at fault for the damages.
The court will then award damages based on the percentage of fault that each party is found to be responsible for. For example, if the court finds that the claimant is 50% at fault and the defendant is 50% at fault, the damages will be awarded accordingly.
The pure comparative fault system is designed to ensure that both parties are held accountable for their actions. This is because there are instances when it is not only the healthcare provider who is at fault for the damages but also the claimant.
For instance, if a claimant does not follow their doctor’s instructions and is injured, the court may find that the claimant is partially at fault for their own injuries. In this instance, the damages would be awarded accordingly. New York City medical malpractice laws are designed to protect both claimants and defendants in these cases.
What Damages Can Be Recovered in New York City Medical Malpractice Cases?
Claimants can recover various damages in New York City medical malpractice cases. These damages can be either economic or non-economic.
Economic damages are those that have a specific monetary value attached to them. This includes medical bills, lost wages, and future earning potential. Non-economic damages are those that do not have a specific monetary value.
This can include things like pain and suffering, emotional distress, and loss of enjoyment of life. New York City medical malpractice laws allow claimants to recover both economic and non-economic damages in these cases.
Expert Witness Testimony and Reporting Requirements
In New York City medical malpractice cases, claimants must provide expert witness testimony to prove their case. This means that the claimant must have a medical expert who is willing to testify that the healthcare provider was negligent in their care of the claimant.
New York City medical malpractice laws are designed to ensure that claimants have the evidence they need to prove their case. The expert witness must also be able to provide a detailed report of their findings. However, you need to make sure that you have an experienced New York City medical malpractice lawyer on your side to help you through the process.
At Pagan Law Firm, our New York City medical malpractice lawyers have the experience and knowledge you need to win your case. We will work tirelessly to gather the evidence you need to prove your case and get you the compensation you deserve. Contact us today to schedule a consultation if you or someone you know has been the victim of medical malpractice. We guarantee that you will not be disappointed.
Are There Parties Immune to Medical Negligence Cases?
Yes, a few parties may be immune to medical negligence cases in New York City. These include:
- Government employees
- Correctional facility employees
- Employees of religious organizations
The reason why these parties may be immune is that they are protected by governmental immunity. This means that the government cannot be sued for damages, even if they have been found to be negligent.
Although this may seem unfair, the government has immunity in these cases because they need to be able to provide services without the fear of being sued. Therefore, if you are claiming medical negligence against one of these parties, it is important to speak to a New York City medical malpractice lawyer to see if you have a case.
How To Find the Best Medical Malpractice Lawyers You Need
At Pagan Law Firm, we understand how difficult it can be to deal with the aftermath of medical negligence. We also know how important it is to have an experienced New York City medical malpractice lawyer on your side.
We understand just how complex New York City medical malpractice laws can be and know how to navigate the legal system to get you the compensation you deserve.
Some of the qualities of the best medical malpractice lawyers are:
- They have experience in New York City medical malpractice laws.
- They understand the complexities of the legal system.
- They are compassionate and understanding.
- They will work tirelessly to get you the compensation you deserve.
The lawyers at Pagan Law Firm have all of these qualities and more. We will work with you to make sure that you get the compensation you deserve. Contact us today to schedule a free consultation. You won’t be disappointed!
New York City medical malpractice laws are designed to protect claimants who have been wrongfully injured by healthcare providers. These laws allow claimants to recover both economic and non-economic damages. They also require claimants to provide expert witness testimony and a detailed report of their findings.
If you or someone you know has been the victim of medical malpractice, we encourage you to contact us today so we can help you get the compensation you deserve. We will be with you every step of the way!