New York Medical Malpractice Laws
Each state has their own set of medical malpractice laws in place, and it is important for patients to understand those laws and how they could affect their case. The following are the basics of the laws in New York.
As someone who may be considering the pursuit of a medical malpractice case in New York, you’ll want to be sure you are clear on the specifics of state malpractice laws for New York claimants.
There are many points of law relating to malpractice, with the most basic being that the health care provider caused injury or death to a patient due to an omission or negligent act. Often, the standard of care is referenced, and a medical provider’s performance is contrasted against what a prudent colleague might or might not do under similar circumstances.
Clearly, that alone makes it difficult for a claimant to know whether or not they have a case, and to make things a bit less complicated, the state malpractice laws for New York imposes the requirement for claimants (through their attorneys) to consult with an expert. Though there are a few exceptions to the rule, this aspect of Expert Testimony, is an important part of the state malpractice laws for New York.
The Other Elements of State Malpractice Laws for New York
As in all states, there are characteristics of state malpractice laws for New York that are similar in all locations. This include:
The Statute of Limitations – In New York, you have two and a half years to bring your case (beginning on the date of the actual incident leading to the claim), or from the end of treatment during which time the issue occurred. There are some exceptions, including “foreign object” cases relating to surgical blunders, minor claimants, or claimants not deemed to be in their right minds.
Liability – The state malpractice laws for New York include the typical array of liability issues. The Comparative Negligence issue relates to the claimant and will reduce any awards by a portion that matches their negligence. There are Joint and Several Liability issues as well, with those deemed to be 50% or less at fault in combined fault matters is liable only for non-economic losses. There is also Vicarious Liability that will not hold a hospital liable for non-employees actions.
Testimony – Though we already considered this above, it is interesting to note that the experts in New York malpractice cases are not obliged to be “deposed.” In other words, the expert’s qualifications are required, but their identity may remain concealed, and there is a very little pre-trial opportunity for either side to de-bunk experts.
We mentioned trials above, and there is always the chance that a malpractice case can end up as a trial. This is why New York puts a cap on attorneys’ fees and why there is a legal statute allowing for arbitration if the defendant(s) are willing to concede their liability.
What this tells us is that medical malpractice cases are complex legal matters that can end up in front of a judge and jury at trial or which can be negotiated through an arbitration arrangement. In both cases, though, there is an obvious need for legal support and advice. If you, or a loved one, has suffered some injury or loss because of a medical provider’s negligence, do not hesitate to pursue your case.
Though the laws of New York do provide their claimants with more than two years in which to file a claim, it is astonishing how quickly the time passes if you are dealing with a medical issue or concern. Don’t allow the time to slip away and get in touch with an experienced New York malpractice attorney or law firm today.
- Forbes. 10 Things You Want to Know… https://www.forbes.com/sites/learnvest/2013/05/16/10-things-you-want-to-know-about-medical-malpractice/