Medical malpractice is a much more serious issue than many people realize, particularly because instances of medical malpractice often go unreported. In fact, medical malpractice is the third leading cause of death in the United States, following heart disease and cancer. It is estimated that about a million injuries occur each year and as many as 225,000 people die annually in the U.S. as a direct result of medical malpractice. Yet, of those patients, only about 85,000 lawsuits are filed for those injuries and deaths. Each and every day thousands of patients put their trust in a medical professional; when that trust is destroyed patients are left injured with no way to pay medical expenses or even regular monthly bills.
What is Medical Malpractice?
When a doctor or other health care provider deviates from accepted medical practice, and the result of that deviation is the injury or death of a patient, medical malpractice may have occurred. In most cases, medical malpractice involves a medical error, whether in the diagnosis, medication dosage, treatment, aftercare, or general health management. But negligence can also be due to an act of omission (nothing was done). If it is proven that medical malpractice existed, the patient may be able to recover compensation for their lost earnings as well as medical expenses and pain and suffering.
Medical Malpractice Caps
Some states limit the amount of damages to medical malpractice plaintiffs, generally only in the “non-economic” categories. A non-economic damage is much more subjective, and difficult to quantify. Examples of non-economic damages include: mental anguish, pain and suffering, disfigurement and loss of companionship. Economic damages such as medical expenses, lost wages and lost future earnings are generally not limited.
Along with fourteen other states, the state of New York has no “caps” on the amount a person can recover in a medical malpractice suit. The states which do limit non-economic damages can set those limits as low as $250,000. Ostensibly, the goal of medical malpractice caps is to lower the liability of physicians, resulting in lower malpractice insurance rates.
Statute of Limitations and Other Applicable Laws
Generally, a medical malpractice lawsuit must be filed within 2 ½ years from the time the negligent act or omission occurred. There are situations where the statute of limitations could be significantly shorter, which makes it extremely important to contact a New York medical malpractice attorney at Talisman & DeLorenz, P.C., Members of the Multi-Million Dollar Advocates Forum and The National Top 100 Trial Lawyers, immediately following the medical malpractice to determine the statute of limitations that applies to your claim. For example, if your medical malpractice occurred at a city or state owned or operated hospital or clinic, your statute of limitations could be as short as 90 days from the date of the malpractice. If you do not commence an action within the applicable statute of limitations, you will lose your right to sue.
Generally, a certificate of merit regarding consultation with a medical expert is required to be filed along with the filing of the medical malpractice complaint. Medical malpractice law is a highly specialized and extremely technical field of law. Medical malpractice lawsuits are particularly complex and can be expensive; therefore, it is in your best interests to speak to a skilled, knowledgeable New York medical malpractice attorney at Talisman & DeLorenz, P.C. immediately.
Contact Your New York Medical Malpractice Lawyers
If a doctor or health care professional’s negligence has injured you or someone you love, you need an experienced New York medical malpractice law firm on your side. With over 50 years of experience representing injured patients and their families, your New York medical malpractice attorneys at Talisman & DeLorenz, P.C. have the skills and experience needed to take these complex medical cases. Call us today at 1-212-422-9000 for a free consultation and review of your case or fill out our confidential online contact form. The New York medical malpractice attorneys at Talisman & DeLorenz, P.C., Members of the Multi-Million Dollar Advocates Forum and the National Top 100 Trial Lawyers can help you and your family through this difficult time. Call today.