When individuals are seriously injured by a health care provider, they may be eligible to file a lawsuit for compensation based upon Medical Negligence Law Bronx NY. Medical malpractice lawsuits are always complex, requiring opinions from medical experts. Because of the complicated legal and medical issues, it’s wise to retain an experienced New York attorney with experience in medical malpractice cases.
What is Medical Malpractice?
If a patient is injured because a medical provider violated or “breached” the accepted standard of care, that is medical malpractice. A doctor, for example, is expected to provide the same level of care that other competent physicians would provide in similar circumstances. The standard of care can vary depending upon the situation, the patient’s age and medical condition. Each case is unique.
Each medical malpractice case has four specific elements.
* Did the medical provider owe a duty of care to the patient? The doctor-patient relationship contains an inherent duty of care.
* Did the medical provider breach, or violate, that duty of care? (For example, did the doctor give the wrong medication to the patient?)
* Was the patient harmed or injured because of that breach of duty? (Did the wrong medication cause harm to the patient?)
* “But for” the breach of duty, the patient would not have been injured. (If the patient had not been given the wrong medication, no injury would have occurred.)
New York’s Statute of Limitations
There is a time limit on filing a medical malpractice lawsuit. In New York, someone has two and one-half years to file a medical malpractice lawsuit. This does not mean that all medical treatment or therapy must be completed before the lawsuit is filed or that the lawsuit must have been settled within that time. All it means is that the lawsuit must be filed with the court.
* The clock starts ticking on the two and one-half years either on the date of the injury or, if the act that caused the injury happened during continuous medical treatment, at the end of the treatment;
* The court will not accept any lawsuit filed later than two and one-half years. You’ll be out of luck.
If you believe that you may be entitled to compensation under Medical Negligence Law Bronx NY, contact PrettoLaw.com for a free consultation. The attorneys at Pretto Law Firm are dedicated to fighting for the best possible outcome and providing the highest-quality legal representation during a difficult time.