You have two options to pursue compensation from a hospital for medical negligence: sue or file an insurance claim. Most people start with an insurance claim and, if that does not work out, they escalate to a lawsuit. To sue a hospital, the process generally requires you to:
- Collect evidence of the hospital’s liability for your injuries, which may include testimony from a medical expert about the care you received
- Calculate the value of your damages
- File your lawsuit by the applicable legal deadline
A medical malpractice lawyer with the team at Morelli Law Firm can handle all of this for you. Call today to get started.
Meeting the Statutes of Limitations in Your Case
The first thing you need to know about suing a hospital for medical negligence is whether your lawsuit is timely or if you missed the deadline to sue.
Per New York Civil Practice Law & Rules (CVP) §214-A, you have 2.5 years in which to file a medical malpractice lawsuit in New York. There are, however, some exceptions. Discovering an object left in the body long after surgery, for example, can extend the deadline to sue.
If you take too long to file your lawsuit and exceed the deadline, the judge assigned to your case could dismiss it, leaving you with no way to recover compensation for your damages.
Discuss Your Case with a Medical Negligence Lawyer
If you’re considering filing a medical negligence claim, it is in your best interest to consider hiring an attorney to help you.
Your lawyer may be able to collect evidence you otherwise wouldn’t be able to collect, thereby strengthening your case. Your lawyer can also:
- Hire a medical expert witness to testify on your behalf
- Submit all related paperwork correctly and on time
- Handle all communications with the other side
- Negotiate with the hospital’s insurance company for a potential settlement
- Take your case to trial, if necessary
Your lawyer can also give you advice about your case, help you interpret the relevant laws and legal documents, and let you know what to expect throughout the process.
Proving Negligence in a Medical Malpractice Case
In order to win an insurance claim or medical malpractice lawsuit against a hospital, you must be able to show that its staff caused your injuries.
It is important to note that a bad outcome does not necessarily equate to medical negligence. For medical negligence to occur, a medical professional must:
- Take actions that fall below the standard expected of them, AND
- Cause harm to their patient with these actions
Medical Expert Testimony
Because the difference between what is and what is not medical negligence can be difficult to understand, medical malpractice cases typically require medical expert witnesses to testify that:
- The care the victim received fell below a reasonable medical standard; and that
- Another doctor in the same situation would have done something differently and prevented harm to the patient.
Your lawyer will know which medical expert to hire based on the circumstances of your case.
Proof of Your Damages
You will need to produce evidence of the damages you have suffered and their value to justify the compensation you are looking for.
Types of evidence can include:
- Records and bills from your medical treatments
- Statements regarding your future treatment costs as determined by the medical experts we hire
- Documentation of your lost income during your recovery period
- Accounts of your pain and suffering or other non-economic damages
Let Morelli Law Firm Handle Your Medical Malpractice Case
If you were the victim of medical negligence in New York, Morelli Law Firm can help. Our service areas include New York City, New York State up to Albany, Long Island, and even northern New Jersey and Philadelphia.
We make it easy to get started by offering free, no-obligation case reviews. To learn more about your potential settlement award and how to file, call our client intake team at Morelli Law Firm today at (212) 751-9800.