Medical Malpractice in New York
Doctors and hospital administrators often complain about the number of “frivolous” cases that are brought against them. Nevertheless, the fact remains that all healthcare providers, including doctors, chiropractors, and hospitals, need to be held accountable for the pain and suffering that they create due to their medical malpractice or negligence.
Are most malpractice claims frivolous? Not according to a Harvard study which found that most hospital negligence claims involving serious injury or death were, indeed, caused by medical error and malpractice. As a matter of fact, of all medical malpractice claims made, 97 percent involved an actual, legitimate medical injury, and approximately 80 percent involved a major disability or even death. One of the authors of the study stated that the main problem was the number of medical errors that go uncompensated, rather than the number of frivolous claims that were paid.
Undoubtedly, any New York hospital malpractice attorney can attest that there are many more people who suffer serious medical injuries and never get their just compensation than there are people who make false claims against hospitals and various medical professionals.
In general, New York medical malpractice claims are proven through the use of expert testimony given by medical doctors who take time to examine and evaluate the medical records pertaining to the case. The civil justice system supplies society with two invaluable benefits: 1) it gives individuals the right to seek damages for their losses and suffering due to medical errors and negligence; and 2) it serves to persuade hospitals to make greater strides toward protecting its patients and to take measures to prevent medical errors and malpractice.
In general, in the State of New York, hospital medical malpractice victims who are over 18 years of age have two and a half years in which to file a medical malpractice claim. There are, however, certain medical malpractice situations that have different time limitations, some as little as 90 days after malpractice, so it would be wise to consult a knowledgeable New York hospital malpractice attorney as soon as possible to discuss the particulars of your case. There are many exceptions and explanations of the above statutes of limitations, so call an experienced medical malpractice lawyer as soon as malpractice occurs.
If you or a loved one has been injured due to medical malpractice, the experienced New York medical malpractice attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Please contact us at (1-800-967-5496) for a free and comprehensive consultation. We can also help with medical malpractice cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured due to medical malpractice in any of the 50 U.S. states, please call us and we will try to help you with your case.
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