When it comes to medical malpractice, each state has different laws set in place to protect victims. In New York, medical malpractice takes place when a medical professional acts in a manner that results in a patient’s injury. New York medical malpractice laws state a victim will need to show that he or she was under the care of a doctor, and in the course of diagnosis or treatment the doctor failed to act under the guidelines of the standard of care, which resulted in the victim being injured.
Statue of Limitations
If a person is subjected to medical malpractice, then he or she has a time limit to file a claim, which is known as statue of limitations. In New York, the statue of limitations for medical malpractice is two years and six months from when the medical malpractice occurred. If an individual had continuous treatment for a medical condition, the statue of limitations is two years and six months from when the last treatment was administered. It is important for victims of medical malpractice to act as soon as possible, because if a lawsuit is not filed within the statue of limitations, the individual will loose his or her right to take legal action.
The Discovery Rule
The discovery rule is an exception to the statue of limitations. The discovery rule is when a victim of medical malpractice is in a situation he or she could not have known they were a victim of medical malpractice. For victims who reside in New York, the discovery rule is valid if a foreign object was left inside a victim’s body. In this circumstance, the victim has one year from the date the foreign object was discovered.
Examples of Medical Malpractice
There are many factors that contribute medical malpractice. Here are some common examples of when medical malpractice occurs:
Not Properly Treating the Patient
If a healthcare provider informs an individual that he or she has broken a bone, but does not administer the cast properly, it can lead to the bone healing improperly. This can lead to permanent damage and is considered medical malpractice.
Errors in Prescription
Prescription errors can happen if a physician is correct when diagnosing a patient, but provides the victim with the wrong medication. If the medication results in the patient’s condition becoming worse, then it is medical malpractice.
Another example of a prescription error is when a physician properly diagnosis a victim and provides what would be considered the correct medication, but the physician did not pay attention to medical records that stated the patient was allergic to the medication. If the patient becomes violently ill, then it could be considered medical malpractice.
Failure to Monitor a Patient
If an individuals suffers from a minor stroke, then it is the responsibility of the doctor to monitor the patient. If the doctor does not monitor the patient, which results in another stroke, then it is grounds for a medical malpractice lawsuit.
There are many surgical errors that are considered medical malpractice. If a doctor preforms a surgical procedure on a patient and leaves an object inside the patient, which leads to infection, then it could be medical malpractice. Another surgical error, which could be medical malpractice, is if a doctor did not remove all of the polyps in an indiviudal’s colon during surgery, and the patient was later diagnosed with colon cancer.
Victims of Medical Malpractice: Steps to Take
When you are a victim of medical malpractice, it is vital to seek legal representation immediately. A Brooklyn medical malpractice lawyer who has experience handling these types of cases understands what actions need to be taken to get a victim the compensation they deserve. Although it is the duty of medical professionals to provide patients with safe and proper care, there are times when they fail to do this and should be held responsible to prevent it from happening again.