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How do I know if I have a New York medical malpractice case?

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Joseph P. Awad - Personal Injury - Medical Malpractice - Super Lawyers

Answered by: Joseph P. Awad

Located in New York, NYSilberstein, Awad & Miklos, PC

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If you have suffered a serious injury as a result of bad medical evaluation or treatment, you should consult with an experienced New York medical malpractice attorney. If you suffer a delay in diagnosis of an illness such as heart disease, cancer or stroke and you believe your condition has worsened over the time of the delay, you should consult with an experienced New York medical malpractice attorney.

Defining Medical Malpractice

Medical malpractice is the professional negligence of a doctor. Negligence is either the failure of the doctor to use reasonable care under the circumstances, doing something that a reasonably careful doctor would not do under the circumstances or failing to do something that a reasonably careful doctor would do under the circumstances. A doctor must comply with the minimum standards of care in the specialty that she or he practices. The standards of care can be thought of as the rules of the road in medicine. If a doctor violates a medical rule of the road and a patient is injured because of that, then the doctor is responsible to the patient for all of the harms and losses caused.

Choosing The Right Lawyer

When confronted with a concern about medical malpractice which has caused you or a loved one an unnecessary serious injury, you should always hire an experienced New York medical malpractice attorney who knows the law of evidence, damages and civil procedure in New York. The attorney will investigate the medical facts and provide you with a free consultation.

Medical malpractice cases require experienced New York lawyers because the evidence is challenging and complex.

Examples Of Medical Malpractice Cases

Some examples of medical malpractice cases include a failure to admit to the hospital from the emergency room a patient who is presenting with warning signs of an impending heart attack or stroke. If a patient has been to an emergency room or a doctor’s office with symptoms affecting the heart, lungs, or the nervous system, and a thorough evaluation fails to take place and then the patient suffers a stroke or heart attack, this would be an example of a possible medical malpractice case. Another example of a medical malpractice case is a delay in diagnosis of cancers such as breast cancer, colon cancer, bladder cancer, lymphoma and other cancers. A delay in diagnosing a cancer over a period of months can cause the patient’s condition to deteriorate and worsen, which then makes the injury more severe and the treatment much more debilitating. Another example of a medical malpractice case is when a patient undergoing surgery suffers an unnecessary injury to a blood vessel, an organ or other body tissue that was never intended to be part of the surgery.

Time Frames For Initiating A Medical Malpractice Case

In New York State there is a short time period in which to start a medical malpractice case against a doctor or hospital. That period of time is two and a half years from the date that the malpractice occurred. If the malpractice is committed at a public hospital, sometimes known as a city, municipal or county hospital, the time in which to start the lawsuit is even shorter (one year and 90 days), and there is an added legal requirement of serving a Notice of Claim in the first 90 days. The calculation of the time period in which to start a medical malpractice lawsuit is a complicated matter, and you should consult a New York medical malpractice attorney as soon as possible.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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