If you were injured by an act of negligence when you were in a medical professional’s care, you may have a medical malpractice claim. In order to recover compensation for your damages, you may need to prove that your doctor’s negligence fell below a reasonable medical standard and that another doctor in the same situation would have behaved differently.
There are a few other requirements for a medical malpractice claim. A law firm that handles medical malpractice lawsuits may be able to provide you with a free consultation to discuss whether or not you may have a medical malpractice claim.
Requirements for a Medical Malpractice Claim
To have a medical malpractice claim, there are a few general requirements. These may include:
Your Relationship with Your Doctor
You may need to be able to prove that you had a professional relationship with the doctor. This requirement is typically easy to prove. If the doctor treated you in a professional setting, a relationship may be established. Evidence that the doctor did, in fact, perform a procedure or treated you in a medical clinic may satisfy this requirement. Witnesses may be brought in to help establish this relationship, if necessary.
You may then need to show that the doctor provided you with a standard of care that fell below what is practiced by similarly trained and experienced professionals, according to the American Bar Association (ABA). This may require producing the testimony of an expert witness to show that your doctor’s care did not meet a reasonable medical standard.
After proving the doctor provided less than the standard of care, you may need to show how that care caused your injury. A connection may need to be established between the negligence and the injury that occurred.
Depending on the injury, you could have a variety of different damages. In order to recover compensation for these damages, you may need to produce evidence of how they were caused by medical malpractice, as well as evidence of their value. Damages may include the treatment you went through to recover from your injury, as well as the potential future treatment you may need.
Statute of Limitations
The statute of limitations for medical malpractice claims can be complicated. As stated by New York Civil Practice Law & Rules (CVP) §214-A, you generally must file a medical malpractice lawsuit within two years and six months of the date the malpractice occurred. This statute of limitations has some exceptions, however. For example, if a foreign body is discovered, you have one year from the discovery or possible discovery to file a claim.
You may want to consult with a medical malpractice law firm for information on what specific deadlines pertain to your case.
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Types of Medical Malpractice
Medical malpractice can occur in a variety of ways. The following are possible examples or medical malpractice:
- A failure to take appropriate screenings and diagnose an injury
- A failure to treat an injury
- Misdiagnosing an injury
- Surgical errors
- Medication or dosage errors
- Birth injuries
Recoverable Damages in a Medical Malpractice Claim
If you are able to prove that medical malpractice caused your injuries, you may be able to recover compensation for damages such as:
- Current and future costs of medical care related to your malpractice injuries
- Lost wages for the time you spend recovering from your injuries
- Pain and suffering
Morelli Law Firm May Be Able to Help You
Morelli Law Firm represents medical malpractice victims in New York City, on Long Island, and in New York State up to Albany.
If you are still unsure if you have a medical malpractice claim, Morelli Law Firm invites you to call our team for a free, no-obligation case review at (212) 751-9800. A representative of our firm can discuss the details of your case and your legal options as part of this call.
If you partner with Morelli Law Firm on your medical malpractice lawsuit, we may be able to:
- Answer your questions and provide you with legal advice
- Manage all of the communications and paperwork in your case
- Collect evidence of medical malpractice, including medical expert testimony, if necessary
- File your medical malpractice insurance claim and/or lawsuit
- Negotiate with the insurance company of the responsible party
- Bring your case to trial, if necessary
Morelli Law Firm may be able to offer you representation on a contingency-fee-basis, where you are not obligated to pay us attorney fees unless and until you recover compensation via a settlement offer or court award.
Call a NY medical malpractice lawyer today to get started.