Patients are meant to recover and heal in health care institutions. There are times, however, when they are harmed by the actions and decisions of healthcare professionals. This is when medical malpractice occurs.

If you or a loved one has been injured due to your doctor’s error in judgment or misconduct, you may have a medical malpractice claim.

Types of Medical Malpractice Case

Medical malpractice happens when a doctor’s or health care provider’s action ends up injuring a patient (also called “practice by commission”) and when inaction results in harming a patient (“practice by omission”).

The following are three common types of medical malpractice:

  1. A treatment mistake that a reasonably competent physician would not have made
  2. An improper diagnosis causes harm or leads to a patient’s untimely death
  3. The patient did not receive proper information prior to a treatment or procedure. Except in emergency situations, doctors and health care providers have to obtain consent before administering treatment.

Errors that Qualify as Medical Malpractice

Some of the common problems that make doctors and health care professionals liable for medical malpractice are as follows:

  • Birth injuries
  • Failure to diagnose or misdiagnosis
  • Failure to mention the risks following a specific procedure
  • Surgical errors
  • Failure to monitor
  • Prescription errors

New York Statute of Limitations

Statutes of limitations give victims of medical malpractice a timeframe on how long they have left to file a lawsuit. In New York, the standard deadline for medical malpractice lawsuit is 30 months from the alleged malpractice or from the last treatment for the continuous medical care for the same condition.

Victims must file within this period or they lose their right to sue; unless their case falls within one of the exceptions to the standard deadline:

  • The statute of limitation for minors does not start until the child turns 18. The limitation, however, cannot be extended to 10 years after the alleged malpractice or from the discovery of a foreign object in the child’s body.
  • The discovery rule in New York applies to situations in which a foreign object was left in the patient’s body and the victim may file the lawsuit within a year of the date of discovery.

If the defendant left New York after committing the alleged crime or if the victim is dealing with a mental condition, the statute of limitations may be extended.

Shared Fault

Say you do go to trial, but the court finds out that you are partially liable for your injuries. The court can then cut your damages award.

The state of New York adheres to a “pure comparative negligence” rule, which means that if the court finds the complainant partly responsible for the medical condition or injury, the court has the power to reduce the award of damages in proportion to the victim’s fault.

Only a competent attorney with knowledge and experience can help you discern the vital facts and find the best resolution for your case. If you need guidance about your medical malpractice case, contact Olivier E. Roche, Esq. today.