Medical malpractice is a complex legal issue that always involves the opinion of medical experts. If you suffered serious and permanent injuries due to the negligence of a doctor or another healthcare professional, you may be eligible to file a medical malpractice lawsuit.
Definition of Medical Malpractice in New York
- Medical malpractice occurs when a medical provider fails to meet the standard of care, causing harm to the patient.
- The level of care that a healthcare provider should provide to a patient with a similar medical condition is referred to as the standard of care.
Four specific elements constitute a medical malpractice claim
- The medical provider owes a duty to the patient (inherent in the doctor-patient relationship).
- There must be a breach of that duty by the medical provider.
- The breach of duty must be the proximate cause of the patient’s harm or damage (meaning that “but for” the breach of duty, the damages would not have occurred).
What is medical malpractice?
Medical malpractice occurs when a healthcare professional fails to adhere to the accepted standard of care, causing harm to a patient. Misdiagnosis, surgical errors, medication errors, and inadequate treatment are all examples of breaches of duty.
The prevalence of medical malpractice in New York
Medical malpractice is a major concern in New York, with studies indicating that it causes a significant portion of patient injuries. These incidents not only cause physical and emotional distress but also cost victims a lot of money.
The significance of seeking legal representation in medical malpractice cases
Navigating the complexities of a medical malpractice claim can be difficult for those without legal training. Medical malpractice attorneys are critical in advocating for victims, protecting their rights, and ensuring fair compensation for their injuries.
What is the average payout for medical malpractice?
The average payout for medical malpractice cases varies according to the severity of the injury, the amount of medical expenses incurred, and the strength of the case. According to the DRI, the median jury verdict in medical malpractice cases in 2020 was $2.1 million.
How much do medical malpractice lawyers make in NY?
According to Salary.com, the average annual base salary for a Medical Malpractice Attorney in New York as of October 25, 2023, is approximately $127,361. However, the typical salary range is between $105,698 and $137,9671.
According to ZipRecruiter, the average annual salary for a Medical Malpractice Attorney in New York is approximately $112,736 as of August 3, 2023. This equates to about $54.20 per hour or $2,168 per week.
SalaryExpert provides specific figures for New York
The average annual gross salary for a medical malpractice lawyer is $115,744, with an hourly rate of $56. This figure is 11% higher than the national average for medical malpractice lawyers.
In New York City, the average gross salary for a medical malpractice lawyer is $121,526 per year, with an hourly rate of $58. This is 21% higher than the national average salary.
What is the average payout for medical malpractice?
The average payout for medical malpractice cases varies according to the severity of the injury, the amount of medical expenses incurred, and the strength of the case. The average payout for medical malpractice cases in the United States, according to DRI data, is $293,000. Payouts, on the other hand, can range from a few thousand dollars to several million dollars.
How to file a medical malpractice lawsuit in New York State?
Filing a medical malpractice lawsuit in New York State can be a complex process, but it is important to act quickly if you believe you have been the victim of medical negligence.
Consult with an experienced medical malpractice attorney
The first step is to speak with an experienced medical malpractice attorney who can evaluate your situation and advise you on your legal options. An attorney can assist you in comprehending the legal process, gathering evidence, and filing your lawsuit.
Obtain a Certificate of Merit
Before you can file a medical malpractice lawsuit in New York, you must first obtain a Certificate of Merit from a qualified medical expert. This certificate must state that there is a reasonable basis to believe that the healthcare provider violated the standard of care, which resulted in your injuries.
File a complaint with the New York State Department of Health
Within 90 days of the alleged malpractice, you must also file a complaint with the New York State Department of Health. The Office of Professional Medical Conduct will investigate the complaint and, if necessary, take disciplinary action against the healthcare provider.
File your lawsuit in court
You can file a lawsuit in court after obtaining a Certificate of Merit and filing a complaint with the Department of Health. The court will then set the case’s timeline, which could include discovery, depositions, and a trial.
Statutes of Limitations
Every state has a statute of limitations, which is a legal deadline for bringing a lawsuit. The statute of limitations for medical malpractice claims in New York is generally two years and six months from the date of the alleged negligence. This means that if your claim is not filed within this timeframe, you may be barred from pursuing legal action.
Exceptions to the Statute of Limitations
In New York, there are a few exceptions to the statute of limitations. For example, if the patient was under the age of 18 at the time of the malpractice, the statute of limitations may be extended until the minor turns 18. Furthermore, if the patient did not become aware of the malpractice until later, the statute of limitations may begin to run from the date of discovery.
What constitutes legal malpractice in New York?
In New York, legal malpractice occurs when an attorney fails to exercise the level of skill and care that a reasonably competent attorney would exercise in similar circumstances, and this failure directly harms the client.
- The attorney owed the client a duty of care. This means that the attorney agreed to represent the client and that the representation created an attorney-client relationship.
- The attorney breached the duty of care. This means that the attorney failed to exercise the degree of skill and care that a reasonably competent attorney would exercise in similar circumstances.
- The breach of duty proximately caused the client harm. This means that the client’s damages would not have occurred but for the attorney’s breach of duty.
- The client suffered damages. This means that the client suffered a loss as a result of the attorney’s negligence.
How long does a medical malpractice lawsuit take in NY?
In New York, the average medical malpractice lawsuit takes 2-3 years to resolve. This timeframe, however, can vary depending on several factors, including the complexity of the case, the availability of evidence, and the parties’ willingness to settle.
Medical malpractice lawsuits can be resolved in a year or two in some cases. This is more likely to occur if the case is simple and there is strong evidence of negligence. In other cases, medical malpractice lawsuits can drag on for years or even decades. This is more likely if the case is complicated or there is a disagreement about the facts of the case.