Filing a Medical Malpractice Claim

When going to a medical doctor, most of us trust and rely on the care we receive. Unfortunately, doctors make mistakes and can cause or aggravate serious health issues for patients. When a patient suffers injury because of the negligence or fault of a doctor, a medical malpractice lawsuit may be appropriate.

There are requirements for properly filing a medical malpractice claim: an individual must have been under the care of a physician, and the physician failed to act as a doctor in the same specialty in which they should act, causing the individual a new or worsening injury. These elements are factual in nature, and applicability would be determined by the fact finder (a jury or a judge).

It is of the utmost importance to know the statute of limitations for a medical malpractice claim. A claim in New York must be filed within two-and-a-half years from when the injury occurred. The exact date of when the injury occurred is also determined by facts. If there is a continuous course of treatment, the date may be at the end of treatment.

There are various types of awards that an individual can receive. An individual can be compensated for medical expenses, lost wages and indirect costs associated with the injury. In some cases, there may be non-economic damages such as pain and suffering and punitive damages.

Properly filing a medical malpractice claim can be complex and confusing because of the intricacies of when the statute of limitations runs out, which defendant to name (whether it be the doctor, hospital, or both), and which damages to seek. If you have been injured because of a physician or hospital’s negligence, contact an experienced attorney who is knowledgeable about medical malpractice matters. Call the attorneys at Sakkas, Cahn & Weiss, LLP at (212) 571-7171.