Medical Malpractice FAQ
Helpful Answers from Our New York Medical Malpractice Firm
On this page, you will find answers to common questions about medical malpractice. If you or someone you love was injured because a healthcare professional failed to provide a standard level of care, you may be entitled to compensation. In addition to reviewing the frequently asked questions included below, you are welcome to contact a New York medical malpractice attorney at Napoli Bern Ripka Shkolnik, LLP for a free and confidential case review. We look forward to seeing how we can help you. In addition to representing clients across New York in medical malpractice claims and lawsuits, we assist clients across the U.S. from fully-staffed offices in multiple states.
What is medical malpractice?
Medical malpractice is professional negligence by a healthcare provider in which the care provided does not meet a certain standard of care (defined by what other healthcare providers with similar training and experience would do if faced with the same or similar situation), when this results in injury or death of the patient.
What are some common types of medical malpractice?
Because malpractice may be considered as any instance where a medical professional fails to provide a standard level of treatment or care, there are many different ways in which it may occur. A patient may be diagnosed with the wrong medical condition, a doctor may fail to diagnose cancer, a surgeon may perform a shoddy surgical procedure, an anesthesiologist may not properly monitor a patient during surgery or an obstetrician may delay a cesarean section and cause a baby undue harm. These are just a few examples of medical malpractice.
Is there a time period in which I must file a medical malpractice lawsuit?
Yes, called the Statute of Limitations, this defines the maximum time after an event that a plaintiff may bring legal proceedings based on that event. In New York, a medical malpractice action must be filed within two-and-a-half years of the incident. If the case involves the wrongful death of a patient, legal action must be taken within two years. There are some exceptions, and every state has different laws, so it is important to seek the advice of a medical malpractice lawyer as soon as you suspect you are a victim.
What kinds of damages can I recover from my medical malpractice lawsuit?
Damages you may recover vary by state and can include compensation for pain and suffering, medical expenses and loss of income.
Who can be held responsible for medical malpractice?
If varies by state, but usually any medical care provider including individuals such as doctors, nurses, dentists, pharmacists and entities such as hospitals, corporations, professional organizations and partnerships may be held accountable.
Have I waived my right to file suit because I signed a consent form?
Not necessarily. A consent form acknowledges that you understand certain risks associated with a treatment or procedure, it does not relieve the doctor or hospital of the duty to provide a certain standard of care or prevent you from filing a medical malpractice lawsuit if they fail to provide that care.
Do I have grounds for a medical malpractice lawsuit?
Because every case is different, you should discuss your specific situation with a lawyer. Only an experienced medical malpractice lawyer can determine if you have a reason to file a lawsuit, based upon the facts of your case.
Learn More from a Knowledgeable Attorney
Still have questions about medical malpractice? Napoli Bern Ripka Shkolnik LLP is one of New York's premiere personal injury firms and has handled thousands of medical malpractice cases. We are passionate about fighting for those whose injuries came from negligence doctors and hospital staff. If this is something that happened to you, then please don't hesitate to contact us. We provide free case evaluations to not only understand your case better, but to provide you with the information that you need to pave the way for a valid claim.
Contact a New York medical malpractice lawyer at Napoli Bern Ripka Shkolnik, LLP today!