When you first consider filing a claim for damages, you may begin wondering how much money you can receive. Most people relate this to how much they have lost due to an injury, such as the medical bills they wouldn’t have had to pay if they weren’t injured. In addition, victims can also seek out lost wages from time off work and property, but most are not even aware that lost earning capacity can be included.
After suffering an injury due to medical malpractice, the last thing you want to worry about is dealing with legal deadlines. Unfortunately, our system is rigged with countless landmines that can negate your claim if not understood and avoided. One of the most important landmines is the statute of limitations, which refers to a limited period in which you can begin legal action.
Medical malpractice claims are getting harder for plaintiffs to win. In fact, research shows that the rate of successful medical malpractice cases dropped by almost 56% between 1992 and 2014. This is why having the representation of an experienced NYC medical malpractice attorney is important, now more than ever.
It’s difficult to turn on the evening news without hearing about ongoing developments in the “opioid crisis.” Though the media has been aggressively reporting on how the crisis has affected Americans, news reports often fail to address the role that doctors play – especially when it comes to overprescription of painkillers.
Can these doctors be held liable? What actions are being taken against the people who have flooded New York City with addictive painkillers for decades? The latest installment of the opioid saga may answer that.
New York State enacted Lavern’s Law on January 31, 2018. This new law extends the amount of time a patient has to file a medical malpractice lawsuit for a missed cancer diagnosis.
Quality medical care requires communication: patients need to explain their issues fully to physicians, and must be able to hear treatment instructions provided to them.
Elderly patients who suffer hearing loss, however, are often unable to hear everything that is said to them by doctors and nurses, which can impact their overall medical care. This is something that doctors and nurses throughout New York should keep in mind as they care for their patients. Failure to do so may open them up to medical malpractice claims, especially if they know the patient suffers from reduced hearing.
A bill known as the Protecting Access to Care Act, or PACA, recently passed a vote in the House of Representatives and has moved on to the Senate for a future vote.
Despite the bill’s name, what it actually does (among other things) is place a limit on the “noneconomic” damages that can be awarded for medical malpractice cases at a federal level. In New York State, there is no cap on noneconomic damages in medical malpractice cases, which means this federal law could override the state law in some instances.
There’s a reason misdiagnoses cause medical malpractice claims so commonly. Because of things like this…
Just this year a woman from Harlem underwent a mastectomy to treat what she was told was very serious breast cancer, only to learn after that she never had cancer to begin with. She said, “I didn’t know whether to smile and thank God I didn’t have cancer or cry because I’ve been through so much.”
What’s the “July Effect” in medicine?
Each year in July, hospitals and other medical centers receive an influx of new interns fresh out of medical school. With the addition of inexperienced doctors and interns at each facility, there is a perceived risk of medical errors that result in inferior care.
A failure to diagnose an illness is one of the most devastating and dangerous medical mistakes a doctor can commit. It can take the form of either not noticing symptoms of an illness and therefore not diagnosing one, or misdiagnosing an illness when a patient actually has a different condition.