New York Medical Malpractice Attorney
Medical malpractice is a complex area of law, and medical malpractice cases are often accompanied by high emotions. Sadly, only a tiny portion of medical malpractice victims pursue legal remedies, allowing those who are negligent to continue harming patients with impunity. If you know or suspect that your injuries, or the loss of a loved one, resulted from medical negligence, please talk to New York medical malpractice attorney Eric R. Bernstein today. Attorney Bernstein can help.
Examples of Medical Malpractice
Medical malpractice comes in many forms. A poor outcome, even death, does not always mean that medical malpractice occurred. But, when a medical professional performs below the accepted standard of care, that is medical negligence and you may be able to receive substantial compensation for your injuries and suffering. Examples of medical malpractice include:
- Failure to diagnose, misdiagnosis or delayed diagnosis
- Failure to advise patient of diagnosis
- Failure to advise patient of treatment options
- Surgical mistakes
- Anesthesia error
- Obstetrical negligence causing harm to the baby and/or mother
- Medication errors
- Unsanitary conditions leading to infections
- Needle stick
- Failure to take patient history
- Wrong treatment for the condition
- Continuing an ineffective treatment
- Inappropriate treatment based on patient’s medical history
- Failure to obtain informed consent
- Unnecessary procedure or treatment
- Premature discharge from emergency room or hospital
- Discharge without proper information and instructions, including instruction for follow-up
- Other emergency room malpractice, including patient dumping
- Patient abandonment
Medical Malpractice Liability
Medical malpractice liability is not limited to physicians and surgeons. Hospitals and other facilities can be held liable, as can medical professionals of all types, including those who perform elective procedures. Examples of those who can be held liable for medical malpractice include:
- General practitioners
- Cosmetic surgeons
- Physical therapists
- Out-patient facilities
- Urgent care centers
- Ambulance companies
- Nursing homes
- Rehabilitation centers
- Mental institutions
- Correctional facilities
Time Limits for Medical Malpractice in New York
Each state sets its own time limits for bringing a medical malpractice lawsuit. In New York the statute of limitations on medical malpractice is 30 months from the date that the malpractice occurred, with certain exceptions:
- Continuous treatment – if you were under continuous treatment for the condition related to your injury, then the clock does not begin to run until the treatment ended.
- Foreign object – you have one year after the discovery of a foreign object left inside of your body during surgery, even if it is discovered more than 30 months after the surgery.
- Minor children – if you were a minor child when the malpractice occurred, then you have 10 years from the date of malpractice or until your 21st birthday, whichever comes first.
Please call the Law Offices of Eric R. Bernstein, P.C., at (877) 21 NY LAW, or complete our contact form right away to learn more about how we can help you with your New York medical malpractice claim.