Get free consultation
(212) 497-2421
Get free consultation

What to Do if You’ve Been a Victim of Medical Malpractice in New York

#personalinjury

What to Do if You’ve Been a Victim of Medical Malpractice in New York

Have you, or someone you know, been a victim of medical malpractice in New York City? If this is the case, knowing the right steps to take can be crucial for protecting your rights and securing the compensation you deserve. 

But, first, the most important step is to seek immediate medical attention to address any ongoing or unresolved health issues. Once your health is stabilized, gathering all related medical records, taking note of your symptoms, and any additional treatments you undergo is a must. 

Next, consider the legal aspects. Hiring a reputable medical malpractice lawyer in NYC is critical. A skilled attorney can help navigate the complex legal landscape, so that every aspect of your case is meticulously handled—from proving breach of standard care to quantifying damages for settlement or trial. 

By taking these steps, you will be properly prepared to pursue justice and compensation for the harm suffered. Stay informed and proactive. Your path to recovery and redress begins here.

How Do You Prove Medical Malpractice Legally?

Proving medical malpractice in the state of New York requires establishing several critical elements under the law. Several key aspects are necessary to prove your case.

Establish That the Defendant Had a Duty of Care

Establish that there was a doctor-patient relationship, which creates a legal duty of care. This means the healthcare provider is obligated to provide the competent level of skill and care that any reasonably competent doctor would under similar circumstances.

Prove Breach of Duty

Then we must show the court that the healthcare provider deviated from the standard of care that is accepted as appropriate by the medical community. This breach might involve acts of omission. In other words, failing to do something necessary. Or, commission – doing something improperly or incorrectly.

Establishing the Cause of the Injury

Your lawyer will need to prove that the breach of duty directly caused the injury. This means showing that the injury would not have occurred if it weren't for the healthcare provider's substandard care. Causation can often be the most challenging element to prove and typically requires expert testimony.

The Damages Caused by the Injury

Show that significant damages resulted from the injury caused by the breach of duty. This can include physical pain, mental anguish, additional medical bills, lost work and earning capacity, and other losses.

Get Expert Testimony

In New York, like in many other jurisdictions, expert testimony is required to establish the standard of care and to show that the standard has been breached. The expert, must be a medical professional with knowledge of the relevant area of medicine. This professional will need to explain to the court how the defendant failed to meet the standard of care.

Filing within the Statute of Limitations

In New York, medical malpractice claims must be filed within 2.5 years from the date of the alleged malpractice, or from the end of continuous treatment performed by the party you intend to sue.

Gathering substantial evidence and expert opinions is essential. It is equally important to work with an attorney who has a focus on medical malpractice to navigate the complexities of such cases.

What’s the Best Legal Outcome for a Victim of Medical Malpractice

According to the laws of New York, a victim of medical malpractice can expect several possible outcomes from a settlement or trial. We must understand that the ideal outcome depends on the specifics of the case. This includes the severity of the injury, the impact on the victim's life, and the strength of the evidence. Let’s take a look at the ideal outcome of a medical malpractice trial –

Receiving Compensatory Damages

These are intended to compensate the victim for the losses they have suffered due to the malpractice. Compensatory damages can include –

Economic Damages – These cover quantifiable losses such as medical expenses (both past and future), lost wages, and loss of earning capacity.

Non-Economic Damages – These cover more subjective losses like pain and suffering, loss of enjoyment of life, and emotional distress.

Punitive Damages – Although less common in medical malpractice cases, punitive damages may be awarded if the defendant’s actions were particularly reckless or malicious. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

Structured Settlements – Instead of a lump sum, the compensation may be structured to be paid out over a period of time. This can be beneficial for managing long-term medical care and financial needs.

Medical and Rehabilitation Costs – The settlement or award should ideally cover all past, present, and future medical and rehabilitation costs associated with the malpractice.

Corrective Treatment (if Necessary) – In some cases, the outcome may also include provisions for corrective medical treatment if possible and necessary.

Compensating Legal Fees and Costs – In many cases, the settlement will also include a provision that covers the plaintiff’s attorney fees and other legal costs incurred during the case.

Additional Outcomes 

Confidentiality Agreements – In some settlements, the terms may include a confidentiality agreement, where the details of the settlement remain private.

Formal Apology – In some situations, the victim may also seek a formal apology from the medical provider or institution, though this is less common and not a legal remedy.

It’s important to note that New York does not have a cap on either economic or non-economic damages in medical malpractice cases. This means that the potential compensation can be significant, depending on the injuries and their impact on the plaintiff's life.

The ideal outcome will effectively compensate you for your injuries and losses. It will address your ongoing medical needs, and possibly provide a sense of justice and closure. 

Working with a knowledgeable and experienced attorney is crucial in achieving the best possible outcome.

To consult a competent medical malpractice lawyer in New York, call (212) 497-2421, or schedule an appointment here. Talking to a lawyer with sufficient experience and empathy for your situation can make a huge difference in carrying out your trail successfully and receiving the compensation you deserve.

Sort by categories
Everything
Personal Injury Lawyer
Wrongful Death Lawyer
Car Accident Lawyer
Workers’ Compensation Lawyer
We Fight for your peace of mind.
In the relentless pursuit of justice, we battle tirelessly to secure your peace of mind, ensuring you can focus on healing while we fight for the compensation you deserve.

Read More Blogs

Personal Injury Lawyer

Need to Hire a Trustworthy Personal Injury Law Firm? Here’s How to Identify One
link arrow

Let’s be honest. In the aftermath of a car accident or a workplace injury, there is very little time to decide your legal counsel.

Workers’ Compensation Lawyer

Handling a Workers’ Compensation Claim in New York with Attorney Support
link arrow

New York is one of America’s busiest states. Workplace accidents and injuries can be a familiar cause of distress to many. Luckily, NY state law protects worker’s right to claim compensation for workplace catastrophes, to make things easier on victims of occupational hazards. Hiring a skilled worker’s compensation claims lawyer is your best chance at receiving an optimal outcome for your claim.

Car Accident Lawyer

Got Into a Car Accident in Brooklyn? You’ll Need a Brooklyn Car Accident Lawyer
link arrow

In New York State, including Brooklyn, car accidents are governed by complex laws. Hiring a car accident lawyer in Brooklyn with specialization can be critical for several reasons. There are several reasons why you should hire a skilled accident lawyer familiar with NY accident law and Brooklyn’s court system.

Wrongful Death Lawyer

Seeking Justice for the Wrongful Death of a Family Member – According to NY Law
link arrow

Losing a loved one is an unimaginably painful experience. It can be even more difficult when it comes as a result of someone else’s negligence or wrongdoing. If you're facing the heavy burden of such a loss in New York, it’s time to seek help from a trusted wrongful death lawyer.

Anonymous

Workers’ Compensation Lawyer

You’ll Need an Experienced Worker’s Compensation Lawyer in Brooklyn – Here’s Why
link arrow

In the state of New York State, a worker can – and should – seek workers' compensation whenever they sustain an injury, develop an illness, or experience a work-related condition arising out of and in the course of their employment.