Princeton,NJ/ 360prwire/ November 29/
Image source: Tingey Injury Law Firm
Medical malpractice is prevalent in the United States, but many people don’t know about it. It accounts for more than one million injuries and 250,000 fatalities every year in the country and is the third leading cause of death, followed by cancer and heart disease.
Many factors can contribute to these horrible circumstances; a doctor’s negligence, misdiagnosis, or wrong surgical procedures, to name just a few.
Perhaps, the most painful thing about medical malpractices is that they are 100% preventable.
On average, there are about 85,000 medical malpractice suits filed per year. New York has a not-so-good reputation for medical malpractices compared to other states in the country. It has one of the highest percentages of medical malpractice lawsuits filed throughout the country.
If you’ve fallen victim to medical malpractice, you can file a claim in court. Medical malpractice claims are one of the most complex legal cases. That is why you need to hire an experienced lawyer. Duffy & Duffy can help you seek justice if you are also looking for a medical malpractice law firm.
Medical Malpractice: Definition
Medical malpractice occurs when a patient gets injured and suffers damages because of a health care professional’s negligence. It’s possible to file a lawsuit against any health practitioner, doctor, dentist, or pharmacist if you get injured due to their failure to adhere to the standard of care.
Medical malpractice can occur in almost any health care setting; hospitals, pharmacies, urgent care centers, maternity clinics, and laboratories. The common types of medical malpractices include misdiagnosis, delayed diagnosis, brain injuries, wrong prescription, birth injuries, and anesthesia errors.
When Can I File a Medical Malpractice Claim in a New York Court?
In New York, you can only file a lawsuit against a hospital or health care professional when you incur damages. If no damage was done, you do not have a medical malpractice claim. It’s, therefore, crucial to discuss your case with an experienced lawyer before filing a lawsuit.
Also, note that delay can cost you an opportunity to be compensated for an injury because there are strict deadlines for filing medical malpractice claims in New York. So make sure you take action as soon as possible.
Can you settle a medical malpractice case out of court? The answer is yes, provided both parties agree to do so. However, Again, discuss with an experienced malpractice lawyer before deciding to settle out of court. Sometimes, it’s more advantageous to pursue a claim than to resolve the matter out of court, and a knowledgeable lawyer can help you weigh your options.
State Payouts for Medical Malpractice Claims
As of March 2021, New York is one of five states with the highest medical malpractice compensation payout per capita. The state does not have a medical malpractice cap, meaning that there are no restrictions on how much you can get compensated in a medical malpractice lawsuit.
Plaintiffs can lay claim to two types of compensatory damages: economic and non-economic. The patient can file for economic damages when they suffer financial loss, such as medical expenses while receiving health care. Non-economic losses, on the other hand, have to do with intangible losses, like emotional distress and body pain.
You have the constitutional right to file for a medical malpractice claim, as long as there’s reasonable evidence to prove that you suffered damages. An experienced malpractice lawyer can guide you through the process of receiving your compensation. Do not hesitate to hire one.
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