Medical Malpractice And Wrongful Death In New York

Medical malpractice is a serious concern all across the United States. In New York, the situation is no different. Individuals trust medical professionals to provide competent and safe care, but unfortunately, mistakes can happen that result in severe harm or even wrongful death.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare professional deviates from the standard of care expected in their field, resulting in harm to a patient. Such negligence can lead to lifelong consequences for the victim, including disability, chronic pain, emotional distress, and financial hardships.

In New York, medical malpractice cases can arise from various situations, including but not limited to:

Medical Malpractice And Wrongful Death In New York: Answers To Tough Questions That Can Arise In Your Case

by Jonathan Zittrain (Kindle Edition)

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• Surgical errors
• Medication errors
• Birth injuries
• Delayed or misdiagnosis
• Failure to provide appropriate treatment
• Anesthesia errors

Elements of a Wrongful Death Claim

In cases where medical malpractice leads to the untimely death of a patient, the surviving family members may have grounds for a wrongful death claim. To successfully pursue such a claim in New York, the following elements need to be established:

• Duty of care: The healthcare professional owed a duty of care to the patient.
• Breach of duty: The healthcare professional breached their duty of care by deviating from the standard practice.
• Causation: The breach of duty was the direct cause of the patient's death.
• Damages: The surviving family members suffered measurable damages as a result of the patient's death.

Filing a Medical Malpractice Lawsuit

If you believe you have been a victim of medical malpractice or a loved one has suffered wrongful death due to negligent medical care in New York, it is crucial to take prompt legal action.

First, consult with an experienced medical malpractice attorney who can assess the circumstances of your case. They will review your medical records, gather evidence, and consult with medical experts to determine whether you have a valid claim.

Next, the attorney will file a lawsuit on your behalf, and the legal process begins. This process may involve negotiation, settlement discussions, and, if necessary, trial proceedings.

It's important to note that medical malpractice cases have a statute of limitations in New York. Generally, you have two and a half years from the date of the malpractice or the end of continuous treatment to file your claim. However, exceptions exist for cases involving foreign objects left in the body or cases involving infants or mentally disabled individuals.

Compensation for Medical Malpractice and Wrongful Death

If successful, victims of medical malpractice or their surviving family members may be entitled to various forms of compensation, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Wrongful death damages

Each case is unique, and the compensation awarded depends on factors such as the severity of the injuries, future medical needs, and the impact on the victim's quality of life.

Medical malpractice and wrongful death cases are complex and require the assistance of skilled legal professionals. If you or a loved one has suffered harm due to medical negligence in New York, seeking justice is essential.

By understanding the elements of medical malpractice and wrongful death claims, you can better navigate the legal process to hold responsible parties accountable and pursue fair compensation for your losses.

Medical Malpractice And Wrongful Death In New York: Answers To Tough Questions That Can Arise In Your Case

by Jonathan Zittrain (Kindle Edition)

5 out of 5

Language	:	English
File size	:	687 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	54 pages
Lending	:	Enabled

FREE

This book is designed to address many of the misconceptions and common questions surrounding medical malpractice and wrongful death in New York, which are areas of law that present unique and challenging issues. I believe that a better understanding of these issues will benefit both our clients and the attorneys who represent those injured through negligent acts. For that reason, this book is also meant to answer some of the tougher questions that arise in medical malpractice and wrongful death cases. Victims of medical malpractice and those who have lost loved ones through the negligence of others face daunting personal challenges. Having to navigate a lawsuit without a skilled, experienced trial attorney should not be one of them. For the attorney, please know that these cases are not for the faint of heart. It is well known that the successful trial attorney is not only armed with the necessary experience, knowledge, and trial skills but also with extraordinary courage, conviction and empathy.