Exceptional healthcare is essential to take good care of your wellbeing. Unfortunately, there are some cases that don’t do so, which is known as medical malpractice. It is responsible for a huge number of fatalities wherein healthcare professionals fail to treat a condition by misdiagnosing an illness, causing them to suffer more. For instance, during surgery, doctors can mistakenly leave surgical tools inside a patient, affecting their quality of life.
If you are a victim of medical malpractice in New York, you have the right to file a lawsuit in your state’s civil court system after you have suffered loss or injury. However, you must file it within a strict time limit called the statute of limitations and have the necessary requirements. Use this article as your guide to learn more about applying for a malpractice claim.
How Much Time Do I Have to File a Medical Malpractice Claim?
You have 30 months to apply for a medical malpractice claim starting from the day you have been injured or harmed. Once the period expires, you lose your right to file a lawsuit to collect damages regardless of your injuries’ severity. On the other hand, the “clock” doesn’t start running until you finish your treatment if the medical malpractice took place as part of a continuing course.
In addition, you must be aware that New York has a special rule for medical practice cases in case a foreign object was left in your body during surgery. A lawsuit over this type of medical error should be filed within one year of the date you found the surgical tool. But there may also be exemptions to this ruling. Consult with an experienced attorney for further details and to meet all necessary deadlines.
Will the Statute of Limitations Change?
Legislators continuously consider national medical malpractice reform. State-level changes are also possible in the future. One of the changes currently being debated is the passage of Lavern’s Law, a law created to change the statute of limitations. It would let the statute of limitations begin at the time a victim could have been reasonably aware of malpractice instead of at the time the malpractice happened.
Will the Physicians Be Held Accountable?
Medical malpractice suits can change in the future. For instance, instead of concentrating on the amount of monetary awards a victim can receive, medical professionals can be held accountable for their irresponsible actions. In other words, they would be held accountable for their actions based on standard practices in their area for a more national standard. Doing this aims to reduce the risk of unnecessary suits and provide better patient care.
Physicians are advised to practice medicine in a way that is in line with the practices used by competent professionals in the same field of medicine with access to the same resources. Some previous cases also held physicians accountable for failing to pursue a reasonable course of action for patients.
Conclusion
Accidents can happen, and mistakes can be made at any time, even during important surgeries. It means you can become a victim of medical practice, resulting in serious injury or even death. Therefore, keep in mind the information mentioned in this guide to protect your rights if you have been injured due to a medical error.
If you need a medical malpractice attorney, we at Ronemus & Vilensky can help you move forward with your case. We provide our clients in New York with legal advice and assistance. Contact us to see how we can help you!