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Medical Malpractice
No one performs at their highest level every day on the job and often times mistakes are made. When a doctor or nurse makes a mistake, the results can be tragic.
Unfortunately, medical error seems to be on the rise. A 2007 study found that the frequency of medical errors or medical malpractice has increased between 2003 to 2005. Eighty-six percent (86%) of the deaths occurring during this time period were found “potential attributable” to these medical errors.
A medical mistake rises to the level of medical malpractice when it falls below the accepted standard of care in the community where the doctor, or other provider, is located. Any error that is below that community standard can be the basis of a lawsuit. Unlike other states, New York does not cap the amount of damages recoverable in medical malpractice cases.
Who Can A Claim Be Brought Against?
Any doctor, nurse, dentist, pharmacologist, technician, staff
member or hospital worker involved in patient care who makes an error
falling below the community standard of practice can be sued for medical
malpractice. While, it is true that doctors cannot perform miracles
and hospitals cannot guarantee results. When there is an unfortunate
result, it is important to know if medical malpractice is involved.
This is especially true in New York, because the law sets a harsh deadline: medical malpractice lawsuits must be filed within 2.5 years of when the mistake was made. If filed afterwards the claim can be time-barred no matter how meritorious.
If you or a loved one has suffered harm from medical error or medical mistake, legal remedies may include monetary damages for future medical care and treatment, lost wages, lost future earnings and pain and suffering. HKPD attorneys are experienced in dealing with medical malpractice matters.
Please contact our lawyers for a free, initial consultation. We’re here to help you 24 hours per day / 7 days per week.
For more information:
MedWatch - U.S. Food and Drug Administration
www.fda.gov/medwatch
HealthGrades Quality Study:
Fourth Annual Patient Safety in American Hospitals Study, April
2007
http://www.healthgrades.com/media/dms/pdf/PatientSafetyInAmericanHospitalsStudy2007.pdf