How to File for a Medical Negligence or Medical Malpractice Lawsuit in NYS

by ECL Writer
New York Statute of Limitations for Medical Malpractice Lawsuits

Medical negligence, also known as medical malpractice, is a legal claim that can be brought by a person who has been harmed as a result of a healthcare professional’s failure to provide proper care. In New York, a person who has been harmed by medical negligence can bring a lawsuit against the healthcare professional or facility responsible for the harm. However, it is important to note that medical malpractice cases are complex and can be difficult to prove, so it is important to consult with the best malpractice attorney in New York with experience in this area of law.

Criteria to be Met for a Medical Malpractice Lawsuit to be Valid

To sue for medical negligence in New York, the following elements must be met:

  1. The existence of a doctor-patient relationship: The first element that must be proven is that a doctor-patient relationship existed between the plaintiff and the defendant. This means that the healthcare professional had a duty to provide proper care to the patient.
  2. A failure to provide proper care: The second element that must be proven is that the healthcare professional failed to provide proper care to the patient. This means that the healthcare professional did not meet the standard of care that is expected of a reasonably prudent healthcare professional in the same or similar circumstances.
  3. An injury: The third element that must be proven is that the patient was injured as a result of the healthcare professional’s failure to provide proper care.
  4. Causation: The fourth element that must be proven is that the injury was caused by the healthcare professional’s failure to provide proper care. This means that the plaintiff must prove that the injury would not have occurred but for the healthcare professional’s negligence.

Once these elements have been met, the plaintiff can file a lawsuit for medical negligence against the healthcare professional or facility responsible for the harm.

How to Prove that Medical Negligence Happened

In order to prove these elements, the plaintiff will likely need to provide a variety of types of evidence. Some of the types of evidence that may be used to prove a medical negligence claim in New York include:

  1. Medical records: Medical records can be used to provide evidence of the healthcare professional’s failure to provide proper care and the patient’s injury.
  2. Expert testimony: Expert testimony from a healthcare professional in the same or similar field can be used to provide evidence of the standard of care that is expected of a reasonably prudent healthcare professional in the same or similar circumstances and the healthcare professional’s failure to meet that standard.
  3. Testimony from the patient and any witnesses: The testimony of the patient and any witnesses can be used to provide evidence of the healthcare professional’s failure to provide proper care and the patient’s injury.

It’s important to note that proving these elements can be difficult and it’s essential to consult with a New York medical malpractice attorney with experience in this area of law. Medical malpractice cases are complex, and it’s essential to have an attorney who can advise you on the specific laws in your state and guide you through the process of filing a lawsuit. Additionally, it’s also important to note that the Statute of Limitations for medical malpractice in New York is generally 2.5 years from the date of the act of negligence, or 2.5 years from the date of the discovery of the injury (so long as the injury is discovered within 10 years from the date of the act of negligence).

What Defenses Can Be Put Up Against Medical Malpractice?

It’s also important to consider that the defendant may raise various defenses in the case of medical malpractice. Some of the common defenses in a medical malpractice lawsuit include:

  1. Lack of causation: The defendant may argue that there is no causal connection between their conduct and the injury.
  2. No failure to meet the standard of care: The defendant may argue that they did not fail to meet the standard of care and that the injury was caused by another factor.

Compensations for Medical Negligence; What Do You Get as a Victim of Medical Malpractice if You Sue?

Medical negligence, also known as medical malpractice, occurs when a healthcare provider fails to provide the appropriate level of care and causes harm to a patient. In New York, patients who have been harmed by medical negligence may be entitled to several types of compensation.

Economic damages refer to the monetary losses a patient has suffered as a result of the medical negligence. These can include costs for medical treatment and therapy, lost wages, and loss of earning capacity. In New York, there is no cap on the amount of economic damages that can be recovered.

Non-economic damages refer to the non-monetary losses a patient has suffered as a result of the medical negligence. These can include pain and suffering, emotional distress, and loss of enjoyment of life. In New York, there is a cap on the amount of non-economic damages that can be recovered, which is currently set at $250,000.

Punitive damages may also be awarded in cases of medical negligence if the healthcare provider’s actions were particularly egregious. These damages are intended to punish the healthcare provider and deter similar conduct in the future. In New York, there is no cap on the amount of punitive damages that can be recovered.

What Actions to Take If You Have Been a Victim of Medical Negligence or Malpractice

It’s important to note that New York has a statute of limitations for medical malpractice cases, which means that a patient must file a claim within a certain timeframe or they will be barred from seeking compensation. The statute of limitations for medical malpractice in New York is generally two and a half years from the date of the alleged malpractice. However, in some cases, the statute of limitations may be extended.

It’s also important to note that in New York, the patient must prove that the healthcare provider’s actions fell below the standard of care and caused the patient’s injuries. This can be a complex and difficult process, and it’s often advisable to work with an attorney who has experience handling medical malpractice cases.

In summary, patients who have been harmed by medical negligence in New York may be entitled to economic damages, non-economic damages, and punitive damages. However, there are certain time limits and legal requirements that must be met in order to pursue a claim. It’s important for patients to work with an attorney who can help them navigate the legal process and seek the compensation they deserve.

This blog is ONLY for informational or educational purposes and DOES NOT substitute professional legal advise. We take no responsibility or credit for what you do with this info.