Medical malpractice can cause devastating injuries and preventable deaths. If a medical professional deviates from their legal standard duty of care and fails to appropriately treat or diagnose an individual, they may be held liable for damages. If you or someone you love has been injured due to medical negligence, speak with an experienced New York City Medical Malpractice Lawyer who can help you recover economic and non-economic damages for your losses.
What are some examples of medical malpractice in NYC?
Unfortunately, there are several different ways a healthcare provider can cause harm to an individual seeking medical attention. When a healthcare provider acts negligently in treating a patient, life-altering damages can result causing extreme physical and mental trauma. Common acts of medical malpractice include:
- Misdiagnoses or delayed diagnoses
- Surgical errors
- Improper treatment
- Anesthesia errors
- Childbirth injuries
- Prescription/medication errors
- Post-operative error
- Emergency room errors
- Healthcare-acquired infections
- Defective medical equipment
- Poor documentation
- Lack of informed consent
Does New York City cap the amount a victim can recover in damages?
When an individual is injured due to another person’s negligence, they are entitled to pursue legal action where they have an opportunity of recovering economic and non-economic damages for their losses. However, certain states cap the amount an injured individual can recover in non-economic damages from medical malpractice claims. In New York City, victims do not have to worry about this. There is no cap on non-economic damages. Non-economic damages are non-calculable financial losses. Luckily for victims of malpractice, there is no limit to the amount an individual can be awarded.
Nevertheless, medical malpractice claims are different than other types of personal injury claims. Typically injured individuals have three years to file a claim against a negligent party. However, in a medical malpractice claim, individuals have 2.5 years to file a claim. If a victim fails to file a claim within the right timeframe, they will be barred from doing so in the future. As mentioned above, medical malpractice claims are more complex than others. Additionally, medical malpractice claims require an individual to fulfill the burden of proof to prove medical negligence directly caused their injuries.
How can victims of medical malpractice fulfill the burden of proof?
Victims of medical malpractice in New York City must satisfy the burden of proof. Ultimately, this means they must prove that an otherwise reasonable healthcare provider would not have deviated from the standard duty of care. Additionally, victims must prove their injuries and damages were directly caused by a healthcare provider’s negligence. Victims can fulfill the burden of proof in a medical malpractice claim by:
- Proving they were a patient of the negligent healthcare provider (establishing there was a doctor-patient relationship).
- Proving that the healthcare provider was legally obligated to provide a standard duty of care.
- Proving that the healthcare provider breached that standard duty of care which caused their patient harm.
- Proving that the healthcare provider’s breach of duty of care led to substantial damages.
Victims must satisfy the burden of proof to prove their injuries and damages were directly caused by a healthcare provider’s negligence. If you or someone you care about has been injured due to a medical professional’s negligence, reach out to one of our determined and skilled team members. Our firm is on your side and ready to fight on your behalf today to help you reach favorable results.