When we need medical attention we turn to medical professionals for help and put our trust and life in their hands. Unfortunately, not all medical professionals uphold a duty of care for their patients resulting in serious injuries. The leading cause of medical malpractice is negligence. If you are a victim of medical malpractice, reach out to an experienced Westchester County Medical Malpractice Lawyer who can help you recover monetary damages.
WHAT ARE SOME COMMON ACTS OF MEDICAL MALPRACTICE?
When medical professionals act negligently in the diagnosis or treatment of a patient significant physical and mental trauma may result. Oftentimes, this breach of duty of care ends fatally. The injuries victims sustain are often life-altering and negatively impact an individual’s life. There are various ways a medical professional may commit malpractice. Some of the leading causes of medical malpractice claims include:
- Misdiagnosis/ delayed diagnosis
- Failure to treat
- Surgical errors
- Anesthesia errors
- Healthcare acquired infections
- Childbirth injuries
- Medication errors
HOW DO VICTIMS OF MEDICAL MALPRACTICE SATISFY THE BURDEN OF PROOF?
If a victim of medical malpractice wants to file a claim against a negligent medical professional to recover damages they must satisfy the burden of proof. In New York, satisfying the burden of proof requires victims to:
- Prove they were a patient of the medical professional
- Prove that the medical professional owed them a duty of care
- Prove that the medical professional breached that duty of care by acting negligently
- Prove that the medical professional’s breach of duty of care directly caused you harm
- Prove that the medical professional’s breach of duty of care inflicted serious injuries
If an injured individual can prove they were directly harmed due to a medical professional’s negligence, they may be entitled to recover financial compensation for their losses. Medical professionals have a legal duty to provide a certain duty of care to their patients and if that duty is breached significant damages may result.
DOES NEW YORK LIMIT THE AMOUNT VICTIMS CAN RECOVER IN DAMAGES?
In several states across the country, there is a cap on the amount of financial compensation a victim can recover for damages in medical malpractice claims. However, New York is not one of those states. New York does not limit the amount of financial compensation a victim can recover for economic or non-economic damages.
In New York, medical malpractice victims have 2.5 years to file a claim against a negligent medical professional. Typically, injured individuals have three years to file a claim against a negligent party. However, malpractice claims are different than other injury claims. If a victim fails to file a claim within this period they will be barred from ever filing one in the future and lose any opportunity of recovering financial compensation for their economic and non-economic damages.
If you or someone you love is a victim of medical malpractice, don’t hesitate to reach out to one of our dedicated and knowledgeable team members. Our firm is committed to helping our clients seek the justice they deserve. Our firm is on your side. Visit the Bàez Legal Group now!