NY Medical Malpractice Attorney
New York Medical Malpractice Law
If you or a loved one has suffered harm due to the malpractice of a doctor or health care professional, you might be entitled to seek compensation and answers about the care delivered. I receive more calls about medical malpractice cases than any other type of case. I understand the complexity of medical malpractice cases and how hard they can be on victims and victim families.
If you think you have a case or if you have questions, you should call an experienced NY medical malpractice attorney. I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
Medical Malpractice in New York
Medical malpractice occurs when a doctor, surgeon, respiratory therapist or other licensed healthcare provider acts negligently and the negligence leads to an injury or the death of a patient. Medical malpractice can result from something the health care professional does or fails to do. For example, a medical malpractice lawsuit may arise due to a medical professional prescribing a harmful combination of drugs or botching surgery or operating on the wrong body part. Medical malpractice can also exist if a medical professional fails to properly monitor a patient's condition or fails to diagnose or treat a health problem. In New York, the medical malpractice law requires that the harmful act or failure to act must lead to a harmful outcome.
If you
believe that you or a loved one has been injured because of a
medical error or medical negligence, you should consult with an
attorney experienced with New York medical malpractice law. I will
be happy to speak with you. Please call me at 1-800-660-1466.
The Medical
Malpractice Law in New York
Unlike what you may read in the press,
bringing a medical malpractice case in New York is quite difficult.
Frankly, it should be. Not every bad outcome is a result of medical
malpractice. If medical malpractice does occur, it is important to
pursue the matter. Medical malpractice lawsuits bring justice to
victims and help improve the safety of our heath care system.
To bring a medical malpractice lawsuit in
New York,
you must establish the following:
-
That the case involves a substantial deviation from good and accepted medical practice;
And
-
That the deviation caused significant harm.
New York medical malpractice law requires
the attorney to file a certificate that he or she has consulted with
a medical expert who verifies the case meets both requirements. It
is not enough to show a deviation from good and accepted practice;
one must prove that it caused the negative outcome. Similarly, a
case may have a negative outcome, but it may not have resulted from
a deviation from accepted practice. In New York, a medical
malpractice case must meet both conditions to succeed.
New York's Medical Malpractice Statute of Limitations
According to New York State Law, a person
must file a medical malpractice lawsuit no later than two and a half
years from the act or omission named in the complaint or from the
end of a continuous treatment during which the act or omission took
place. There are cases with different timeframes. For example,
claims against municipal hospitals or clinics face much shorter
filing dates. If you have questions about the timeliness of your
medical malpractice case, you should consult with a New York medical
malpractice attorney. I can help. You can me at 1-800-660-1466 or
email me at
Carol@SchlittLaw.com.
What to Do If You
Believe You or a Loved One Has Been a Victim of Medical Malpractice
in New York
Take care of any ongoing medical Issues: You should
first make sure that the patient is receiving the appropriate care
now. If you need help finding a new doctor, you can call me at
1-800-660-1466.
Collect as much information as you can: Gather the
notes, medical records and other information that you have on the
case. Do not worry if you do not have all the records, but you
should gather the information you currently possess.
Contact a New York medical malpractice lawyer:
You should contact a New York attorney experienced with medical
malpractice cases. Discuss the case with that attorney to see if he
or she thinks you have a case and get some guidance on how to
proceed. I will be happy to speak with you. You can at
1-800-660-1466 email me at
Carol@SchlittLaw.com.
Allow the Attorney to Investigate: If the attorney
believes you might have a medical malpractice case, then he or she needs to investigate.
The investigation should include collecting and reviewing the
medical records and consulting with medical experts. No matter how
compelling your story, a good attorney will always investigates
first before deciding if he or she will file a medical malpractice
lawsuit.
Consult with Your Attorney on How Best to Proceed:
After your attorney has conducted an investigation, he or she will
be able to advise you on how best to proceed.
Filing a Complaint
about Medical Care in New York
In addition to considering a medical
malpractice lawsuit, you can also file a complaint in New York about
the care you or your loved one received.
Filing a Complaint with a Hospital, Nursing Home or Health Center
New York State's
patient rights give you the right to file a complaint about
inadequate care. If you or your loved one received
questionable care in an institution, you may file a complaint with
that institution. Most facilities will post signs on whom to contact
or ask for the ombudsperson or patient advocate. If there is an
ongoing situation, a patient advocate may be able to intervene and
rectify the situation or prevent it from getting worse.
Filing a complaint with the New York State Department of Health
If you want to file a complaint about a
physician, you can
click here to reach the New York State Department of Health web
page on physician complaints.
If you want to file a complaint about a
hospital or nursing home, you can
click here to reach the New York State Department of Health web
page on institutional complaints. You can also call the Complaint
Line at 1-800-804-5447.
Carol L. Schlitt - New York Medical Malpractice Lawyer
If you or a loved one believe you have a medical malpractice case, you should contact a New York medical malpractice lawyer. If you think you have a case or if you have questions, you can call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information
helpful.
Carol L. Schlitt
New York Medical Malpractice Attorney
1-800-660-1466
Carol@SchlittLaw.com.