You do not remember the accident or the treatment, but the doctor at the hospital said this lack of memory is common after a concussion. Trusting a medical professional and being appreciative of the treatment, you leave the facility and are pleased to return to the comfort of your home. However, as the days progress you find your headache returning and, in fact, becoming worse. This is not what you expected, and you visit a doctor to discuss the situation.
Waiting for a similar response as your initial consultant, you are not too concerned. Unfortunately, the attending professional is worried and after examining the x-rays informs you that something is amiss. It seems that hematomas are pressing against the brain and surgery is required to remedy the problem. How did this happen if you were in the hands of a qualified doctor? This article will discuss issues similar to this example and how to go about pursuing cases of medical malpractice in Long Island. Here you could get info for medical malpractice lawsuits.
What Is A Medical Malpractice Lawsuit?
The majority of medical malpractice lawsuits are legal battles based on the medical negligence theory. You need the help of an experience Lawyers in Suffolk County.Negligence refers to a responsible party’s carelessness or failure to take care of a person or entity in certain situations. According to medical negligence theory, the medical professional is responsible for injuries experienced by the patient due to negligence. For example, the doctor did not diagnose the patient correctly, did not provide the correct treatment, or delayed the treatment offered.
The proof of medical negligence is comprised of two elements. The first part is the demonstration of the expected standard of care by the doctor. This means that the medical professional should have acted in a competent and professional manner. For example, recommending and performing treatments adequate to the injury presented.
The second element contributing to proof of medical negligence is the doctor’s actual conduct and how it did not meet the expectations. As you may imagine, the medical knowledge of jurors and judges is limited; therefore, the expert witness in the applicable medical field will be necessary for the team to understand the situation. When an expert analyzes a case, he or she should be able to testify to the standard expected of medical professionals and detail how the doctor’s actions did not meet the expectations.
What Needs To Be Considered In The Statute Of Limitations?
It is important to note that even if these factors are proven, the New York statute of limitations provides restrictions on medical malpractice lawsuits. According to the statute of limitations, if the claim is not made within two years of the case it is not possible to file a lawsuit. Furthermore, if the case involves foreign objects in the patient’s body, the lawsuit must commence within one year from the day it was found or reasonably discovered. If the lawsuit is not initiated in the mentioned time periods, the plaintiff may forfeit his or her right to compensation completely.
Who Can Be Sued In A Medical Malpractice Lawsuit?
According to New York legislation, the defendant can sue all medical professionals whose actions contributed to the case of medical malpractice. This can include the doctor who committed the malpractice and the hospital where the malpractice took place.
When pursuing a claim against the hospital or clinic, it is important to consider the two theories involved in the type of claim being made. Firstly, a claim can be made using the doctrine of respondent superior. Respondent superior refers to the assumption that the employer (hospital or clinic) is responsible for the negligent actions of the medical professional who works as an employee. This means that the hospital is to be held liable for all medical negligence performed by the doctors or nurses.
The second claim is suing the hospital independently for corporate negligence. This refers to the situation where a hospital or clinic fails to maintain sanitary conditions, screen employees, or discharge patients correctly.
When choosing to pursue a claim for medical malpractice, regardless of whether it is a doctor or facility, it is important that the plaintiff completes a certificate of merit. According to New York law, the certificate of merit must be completed and signed within 90 days of filing a medical malpractice lawsuit. This certificate indicates that the case has been analyzed by at least one medical professional who has concluded that there is a reasonable course of a lawsuit.
What Is Informed Consent?
A different form of malpractice occurred when the treatment performed was conducted without the patient’s consent or warning of the risks involved. According to New York legislation, medical professionals cannot treat patients without obtaining informed consent first unless the patient is unable to consent to emergency treatment. Law requires the doctor to disclose all risks, have the patient comprehend the disclosure, and have the patient execute a waiver consenting to the treatment. If these factors are ignored, a case of medical malpractice can be assumed.