Medical Malpractice Lawyer in NYC

New York sets the statute of limitations for medical malpractice at two and a half years. The statutory period begins on the date the malpractice occurred or on the last treatment date for the condition related to the malpractice. However, there are exceptions.

Some exceptions to the two-and-a-half-year statute of limitations on medical malpractice lawsuits in New York include:

• Discovery Rule: Sometimes, complications arising from a medical error are not immediately observable. If at some later point an examination or test reveals a condition that may be due to earlier negligence, the statutory period begins on the date of discovery. However, New York law limits application of the discovery rule to cases where a surgeon has left foreign objects in a patient’s body. Under the rule, you have one year to file a lawsuit from when the object is discovered or from when it reasonably should have been discovered.
• Child Victims: Because children cannot bring lawsuits until reaching age 18, the statute of limitations does not begin to run until that time. However, this extension of time cannot go beyond 10 years from the date the malpractice occurred or after a foreign object in the child’s body was discovered or reasonably should have been discovered.

There is no set process that judges or insurance adjusters use when determining non-economic damage amounts, as there is not a simple way to calculate them. For pain and suffering damages, insurance companies usually apply a multiplier to calculate the damages you receive.

So, for example, the company could decide that your pain and suffering is worth three times the total amount of your economic damages, which include medical expenses, lost wages, and other quantifiable expenses.

However, if your case goes to court and the damage amount is left up to the jury, factors that might influence the amount of non-economic damages you receive might include the following:

• Whether the jury likes you
• Whether the jury thinks you have been honest in the case
• Whether you have a criminal record
• Whether you have an injury that is easy for jury members to understand

A jury’s decision is out of your control, but you can work with your attorney to negotiate with insurance agencies to obtain a settlement amount you feel aligns with your suffering. Our New York City medical malpractice attorneys are highly experienced in working with major healthcare providers and their insurance companies; we know how to effectively advocate for our clients and are prepared to represent them in court whenever necessary.

Patients always have the ultimate decision regarding whether or not they will undergo a particular treatment or procedure. Even if healthcare providers disagree with the patient’s decision, they are obligated to respect it. However, doctors must always ensure that the patient’s decision is an informed one. Their responsibility is to notify patients on the risks of a particular treatment, medication, procedure, or test, and then obtain the informed consent of the patient before they proceed (or do not proceed). If physicians do not provide all applicable warnings, they could be considered negligent in a potential medical malpractice claim.