WWW.QNS.COM RIDGEWOOD TIMES FEBRUARY 14, 2019 5
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Medical malpractice cases
all have at least one thing in
common: allegations that a
healthcare provider violated
the governing standard of care,
resulting in injury, or possibly
even death. Here, that standard
involves the laws of the State of
New York. There are a variety
of cases that fall under medical
malpractice, all that result
from either an action taken by a
healthcare provider, or an omission
from action by a healthcare
provider. Nonetheless, it has led
to irreparable harm to a patient
due to some form of negligence,
and therefore legal redress will
be owed to the patient.
Examples of medical malpractice
cases include: failure
to diagnose a medical condition
or disease on time or at all,
misdiagnosis of a medical condition
or disease, lack of or inappropriate
medical treatment,
and surgical errors and complications.
Damages for medical malpractice
include economic recovery
for the victim to make
them whole again for lost wages,
the cost of medical care, other
out-of-pocket medical expenses,
and even for pain and suffering
resulting from the injury. Not
only can the victim recover,
but so can their spouse, and,
in death cases, the next of kin
can recover for their loss. Additionally,
in New York, there is
no cap for damages that can be
awarded for a medical malpractice
case.
It is also important to note
that there is a Statue of Limitations
on medical malpractice
claims, which means that the
claim must be brought within a
certain amount of time within
the injury having occurred, or
else the claim could be barred.
In New York, the Statute of
Limitations for a medical malpractice
claim is 30 months, or
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2 years and 6 months, from the
date of injury. This statute is
different for minor children,
however, which does not start
running until the child turns
18. There is an exception to
this, though: regardless of the
age of the child when the injury
occurred, the statute of limitations
cannot extend longer than
10 years.
Medicine can, at the same
time, be both a great, wonderful
thing and a scary, unknown
set of twists and turns. If you or
your family finds themselves
victim to the perils of medical
malpractice, you may want to
speak to your attorney as soon
as possible to discuss your options.
In past years our law office
has obtained numerous settlements
in Medical Malpractice
cases including settlements for
$17.9 Million and $18.1 Million,
as well as a verdict for $62 Million
in a medical malpractice
case. If you have suffered from
the medical malpractice of a
doctor or hospital, our office is
available to discuss what happened
for a free consultation
to determine if you may be entitled
to money damages.
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