Medical malpractice occurs when a healthcare professional or facility, such as a doctor or hospital, fails to provide care for a person that is in accordance with what is considered to be accepted standards within the medical community and the doctor’s specialty, resulting in the person’s condition worsening, they become ill, or they are injured. In such cases where the person can prove that the healthcare professional or facility was at fault, they may be able to file a lawsuit and be compensated for lost wages, medical bills, disability, and other effects of the malpractice.
Medical Malpractice Law in New York
New York is considered to be one of the more patient friendly states when it comes to medical malpractice. The statute of limitations for filing a med mal lawsuit is 30 months after the malpractice occurred, but for minor children it is until their 18th birthday. It may also be longer for cases where a foreign object was left in the patient’s body. New York is also one of only a few states in the U.S. that has not put a limit on the amount of damages that the malpractice victim may be awarded. However, if the plaintiff is partly at fault for the resulting illness, injury, or medical condition, their award would be reduced by that percentage that the court deems they are responsible.
