Time periods, known as statute of limitations, restrict the time a medical negligence case may be filed in New York. However, certain events may extend this period and allow litigation to continue.
Patients may file a medical negligence or malpractice lawsuit in New York when they have suffered harm because a doctor or hospital did not treat that person in accordance with the accepted professional standards. To prove these cases, a plaintiff must offer specific, sometimes expert, evidence.
There is good and bad news for plaintiffs in medical malpractice litigation. The rate of paid malpractice claims dropped almost 56 percent in this country between 1992 and 1994 according to research by the Harvard Medical School. However, the average payout for successful claims grew around 23 percent, exceeding $353,000 in 2009-2014. This was a sharp rise from the average payout of $287,000 during 1992-1996.
New York families often put the lives of their elderly loved ones in the hands of nursing home professionals. However, some of these so-called "professionals" are negligent on-the-job. This negligence can cause injuries and even deaths among nursing home residents.
Medical negligence occurs when a physician does not competently treat or diagnose a patient. Many New York residents are harmed as a result of this negligence. There are many forms of medical negligence, but some are more common than others.
Each year, approximately 250,000 patient deaths are caused by medical errors. A large number of these errors occur when doctors fail to adhere to the standards accepted by the medical community. But why do these errors happen?
When a patient goes in for treatment, they put their lives in the hands of trained medical professionals. Patients expect that their doctors will provide them with care that meets or exceeds the standard set by the medical profession. If a New York doctor is not physically or mentally at his best when caring for a patient, there is an increased risk for medical negligence.
As patients, we trust our doctors to provide the best care possible and keep us fully informed. Sometimes errors occur due to medical negligence. If an error does occur, the standard in the medical profession requires doctors to fully disclose the error to the patient and offer an apology and explanation for what happened. Unfortunately, this does not always happen. In fact, a recent survey by Georgia State University many doctors seem reluctant to own up to medical errors that occur during treatment. While many doctors agreed to reveal partial information, most were not willing to fully disclose information regarding the error.
Surgeons are held to a high standard of care when treating patients. Patients and their families trust their doctors to adhere to the standard of care of a competent doctor in the same area of specialty. Unfortunately, not all doctors meet this standard at all times. A New York brain surgeon has been sued by three different women with spinal injuries for medical malpractice after multiple alleged surgical errors.
When you and your family make the difficult decision to place an elderly relative in a nursing home, you may be worried about the care they will be receiving. You have every reason to be concerned. There have been many reports all across of America of people being abused and neglected by their caretakers. If you find yourself in that situation, there is now a way for you to fight back against those responsible for the mistreatment of your loved one.