If you have suffered a serious injury or the loss of a loved one due to the negligent actions of a health care professional or facility, you may want to consider filing a medical malpractice claim to seek monetary compensation for the physical and financial hardships you incurred as a result. At Rheingold Giuffra Ruffo & Plotkin LLP, our New York medical malpractice attorneys proudly represent clients nationwide in complex medical negligence cases. We can help you fight to hold negligent medical providers accountable and seek the fair recovery you are owed.
Contact us today at (212) 684-1880 to speak with us during a free, confidential consultation. We’re ready to explore your legal options.
As a patient, you put complete trust into your physician or medical provider. When an injury occurs due to medical negligence, the results can be devastating and permanent. However, while all medical negligence situations are traumatic, not every case is considered malpractice. The legal definition of medical malpractice is when “an action or omission by a healthcare provider, which falls well below the acceptable standard of care that other healthcare providers would have given under the same circumstances, resulting in injury to the patient.”
In other words, to prove medical negligence you must be able to prove the following:
The statute of limitation in New York for medical malpractice claims is two and a half years from the date the injury was inflict. This means that if you do not file a claim with in this time period you will not be able to file. The bulk of U.S. states have in place what is referred to as a discovery rule. Many times, an injury that results from a medical mistake is not identified for quite some time after the actual injury has taken place. A discovery rule essentially acknowledges this and starts the statute of limitations for claims from the date that the injury becomes known or discovered.
New York does not have a discovery rule. Therefore, the statute of limitations starts when the action takes place even if it is not known at the time. If an injury is discovered after the statute of limitations has run out, no recourse may be available to victims. The New York State Senate reports that a 2013 effort to enact a discovery rule in the state proved unsuccessful.
It is important to note that there is an exception to this general rule in New York. If a foreign object was left inside your body after surgery – such as a sponge – the statute of limitations does not begin to run until after the object has been discovered. In such cases, the injured patient has one year to file suit from either the time when the object was discovered or from the time when the object should “reasonably” have been discovered, whichever comes first.
In the event of suspected doctor error or nurse negligence, where injury, illness or death occurred, a trusted attorney with medical malpractice experience may be able to help identify responsible parties, and bring them to justice. With the help of an attorney, you can ensure that negligent behavior does not continue, and other patients may be spared undue pain, illness and suffering. Victims of medical malpractice may be given more time to file claims, but as with any personal injury case, taking action as soon as possible is of paramount importance.
At Rheingold Giuffra Ruffo & Plotkin LLP, we have more than three decades of experience in representing injury clients, including those who have been hurt by medical professionals. That is why we have the knowledge and resources to thoroughly pursue your medical malpractice campaign, no matter what circumstances it might entail.
This list is not exhaustive; we also represent victims of dental malpractice, surgical errors, emergency room errors, and many other types of medical malpractice and negligence. At Rheingold Giuffra Ruffo & Plotkin LLP, our New York medical malpractice attorneys have been serving the legal needs of people from New York and throughout the nation for over 40 years. We have the skill and resources to represent you in negotiation and litigation in this complex area of law.
In addition to representing victims of medical malpractice in New York City, we fight for injured individuals and their families throughout the state and across the nation.
No matter what your circumstances are, our firm is ready to hear you medical malpractice story. Request a free case evaluation with us today.