The first rule of a doctor is “to do no harm”. Nevertheless, there are thousands of iatrogenic (doctor-caused) symptoms, diseases, and deaths every year. If you feel you were harmed by your doctor or another medical professional, you deserve to seek compensation.
However, you will need a medical malpractice lawyer in Huntington. Not every lawyer can take on these cases because they are very complex. But our New York legal team at Morelli Law Firm is experienced in this area of personal injury law.
Why Are Medical Malpractice Cases Complex?
Medicine, like law, is considered a practice. There is never total mastery of the subject and always a risk of further illness, injury, or death. However, medical boards have established standards of care in how to approach the practice of medicine.
To prove a malpractice claim, we have to show that whoever sued you breached those standards of care through medical negligence or deliberate action. Thus, most medical malpractice claims will have to call in expert witnesses to vouch that what happened to you was a medical error and requires compensation.
Naturally, the insurers will try to bring in their own experts to counter that testimony. Persuading the court who is more correct is tough, and that’s why you need a lawyer with experience in this area of the law. Many personal injury attorneys don’t handle these cases, but we do.
What Are Some Sources of Medical Error?
The error that harmed you doesn’t have to come from a doctor to qualify as medical malpractice. Any party you have a medical relationship with can qualify. Some sources of medical error we’ve seen include:
- Surgical errors
- Anesthesia errors
- Medical equipment errors (e.g. radiology errors)
- Birth injuries
- Diagnosis errors, either failure or a misdiagnosis
- Missing warning signs of serious disease
If you don’t know who you need to sue, speak with our lawyers in a free case evaluation. We can help you determine who is most responsible and if they have violated your rights. If they have, we can help you open a malpractice case.
Huntington Medical Malpractice Lawyer Near Me 877-751-9800
Damages You Can Recover in Malpractice Cases
When we take your case to the insurer or the court, we have to show how you were “damaged” and the value of those damages. These are the consequences of what you’ve experienced during and since your injury. You can recover compensation for things like:
- All the medical bills related to your injury
- All associated medical costs (e.g. medication, travel, medical devices)
- Lost wages or disability payments
- Non-economic damages like pain and suffering
Non-economic damages deserve some explanation. These are damages laid out in law that don’t have a dollar value but clearly cause victims harm. Most times, the value of these damages depends on the value of the economic damages.
Your medical malpractice lawyer in Huntington will work to uncover all the possible damages you could receive and fight to maximize their value. Fortunately, much of this work is done by the lawyer. You can focus on recovery and they can focus on your legal battle.
Time Limits to File Your Medical Malpractice Case
Every situation that could create a lawsuit has a time limit before the law deems you waive your right to a trial. This is called the statute of limitations. In New York, for medical malpractice cases, the time limit to sue after your injury is two and a half years after your injury or date of your last treatment.
However, there are exceptions to this. One is the “discovery rule.” If a foreign object was left in your body after surgery, you have one year to file after you discover the object or learn facts that “would reasonably lead” to that discovery.
Another exception is when minors are injured. In that case, the time is extended until they turn eighteen years of age, unless they were injured before their 8th birthday. In that case, the limit is 10 years after the injury.
These limits preserve everyone’s right to a speedy trial and help ensure evidence is fresh and memories are clear. But they’re also why it’s critical to speak with a malpractice attorney sooner rather than later.
Work With a Malpractice Attorney in Huntington
If you are ready to see if your case meets the standards for medical malpractice, call us at the number at the top of the screen or reach out online for a free case evaluation. Our medical malpractice lawyers in Huntington are ready to work with you to see if you have a case. The sooner you call Morelli Law Firm, the sooner you could receive compensation.