In New York, a medical malpractice claim must be brought within two-and-a-half years from the date of the malpractice. That is in any case against a private physician, or private hospital. If the potential defendant in the case is a municipally run hospital, facility, or a municipal-employee physician, there are stringent time-constraints. A notice of claim would have to be filed within ninety days of the malpractice, and the case needs to be brought to suit within a year and ninety days of the malpractice. That said, there are some instances under the law where the statute of limitations can be extended, including the continuance treatment doctrine, or tolls for infancy, or incapacity.
The main rule to go by is private physicians ——- two and one-half years from the malpractice, and municipally run facilities or doctors ———-ninety days and a year and ninety days from the malpractice.
How Long Can a Medical Malpractice Claim Typically Take to Get Resolved?
Most commonly in New York, a medical malpractice case would take anywhere from two to four years to resolve. If it ends in trial, it might take longer. We often talk about the timeframe with our clients so that everyone is on the same page before we commence a case.
What Are Some Things That Make it Difficult to Prove Negligence in a Malpractice Claim?
All healthcare professionals are very aware of the potential for medical malpractice cases. Therefore, even in instances where a clear error is made, it is not going to be admitted in a medical chart. Quite often, we see the opposite, where the notes in medical charts in attempt to muddy the waters, or even in dramatic cases, cover up wrongdoings. That can make it difficult. It also sometimes can be difficult to obtain expert support for these cases, because the medical community is so small, many times experts do not want to give an opinion that contradicts one of their colleagues.
What are the Strategies You Have Employed for the Benefit of Your Clients in a Malpractice Claim?
Our strategies are a full and complete investigation before we take any case. Before we file a lawsuit, we perform a review of all the medical records. We initiate a comprehensive intake, and meet with the client to find out as much information as we can. After we have performed our internal review, we have our experts look at the case. If there is wrongdoing that we can prove that caused this serious injury, we will pursue the case. Taking the time, spending money, and the resources to perform a complete investigation helps overcome some of the obstacles, because from day one, you know you are pursuing a claim that you can prove, and has expert support.
If Someone has Signed a Consent Form Prior to a Medical Procedure, how Does That Affect the Medical Malpractice Claim?
If you signed a consent form, it can have an effect on a claim, but it does not preclude a victim of medical malpractice from pursuing a claim. The consent form does not authorize the doctor to be negligent. The consent form advises patients of potential known risks for different procedures. Consent forms do not absolve medical professionals from providing care consistent with the standard of care.
What Sets You And Your Firm Apart in Handling Medical Malpractice Claims?
We are a relatively small firm that is very selective in medical malpractice cases. We work with clients so they feel comfortable with the people at our firm. If we take your case, we believe in it, and we are going to spend the time and resources to make sure that we can get a fair result for every client. We prepare each case, as I said, as if we are going to trial. We are not a firm that is going to be hesitant to spend the time and resources to get what we feel are an appropriate result for our clients.
For more information on Timeline Of Filing Malpractice Claims, a free initial consultation with a New York medical malpractice lawyer is your next best step. Get the information and legal answers you are seeking by calling (855) 228-7369 today.