If you are in a situation involving medical malpractice in New York, it is important that you become acquainted with medical malpractice laws so that you understand what is happening in your case and have a good idea about what you can expect going forward. There is always a potential for anxiety when it comes to medical malpractice cases so knowing which laws apply can help to ease some of those feelings.
Some important things to know:
- A maximum recoverable amount? Although 35 states do have a cap on how much money can be recovered in a medical malpractice suit, New York does not have a cap.
- What is the statute of limitations in New York? In New York, the statute of limitations is two years and six months from when the injury occurred. If a foreign object ends up in the person’s body, the medical malpractice suit may begin within one year of when the foreign object was discovered. If the victim of malpractice is a minor, the two-and-a-half-year period starts after the person turns 18 years old.
- If the physician apologizes for a mistake, does the physician’s liability increase? There are 36 states that have provisions for this but New York is not one of them.
- Is there an initial screening before a medical malpractice case goes to trial? No, there is no screening panel. In New York, there is a rule that an attorney must speak with a single physician right before starting the lawsuit.
- Are there specific rules regarding expert witnesses before the medical malpractice lawsuit? New York doesn’t have any rules regarding expert witnesses who testify against a physician.
Moving past your medical malpractice claims
Medical malpractice claims are trying and emotionally difficult to get through. Not only does your personal injury possibly leave you with physical damage (often on a permanent basis) but it can also leave you with permanent emotional and psychological damage. Although you have to live with the experience that you had as well as the damage that it caused, if you are successful at getting the compensation that you deserve, it will help you to heal and to move on in your life.