New York laws define personal injuries as any injury, which resulted from negligence or actions that were avoidable; a victim that sustained injuries during surgery or medical attention requires a Medical Malpractice Attorney in Long Island NY. The law outlines malpractice as any breach of the standard of care expected in the state that led to injuries. It requires healthcare providers to uphold high standards when treating patients based on their age, condition, and circumstances of their condition.
The First Step to Medical-Malpractice Litigation
Victims often make the mistake of believing that if they have medical records that they can immediately win a medical-malpractice lawsuit. This is not always true. These cases do require medical evidence showing the patient’s injuries, yes, but they also require an expert in the same healthcare field to reiterate what occurred. This expert reviews the medical evidence to show in court what circumstances lead to the injuries, the aftermath of the injuries, and the validity of the claim.
Statute of Limitations for Medical Malpractice
Victims of malpractice have exactly two years and six months from the date that the injury occurred to seek a Medical Malpractice Attorney in Long Island NY and file a lawsuit. Some victims confuse this date with that of which the injury was discovered; this is wrong. It is the date that the surgery or medical treatment was rendered. The only exceptions to this statute are medical-malpractice cases in which foreign objects such as surgical tools were left inside the patient. These victims have one year to file a lawsuit. Siler and Ingber are personal injury attorneys, which can help victims with medical-malpractice litigation.
Damages Awarded in New York
Compensatory damages are awarded in medical-malpractice lawsuits to cover the victim’s medical expenses and compensate them for any wages lost due to recovery time. Any victim who is awarded funds for tort laws such as pain and suffering receives non-economic damages. And lastly, attorneys that prove that the doctor acted recklessly during the surgery or treatment, acted in malice, or deliberately committed fraud the victim is awarded punitive damages. Some limitations do exist in New York associated with the value that a victim can collect in these cases which are based on the type of damages awarded.
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