(845) 802-0047Malpractice is one of the most grievous acts that a medical professional can participate in. A stroke is likewise one of the most serious medical events that a patient could suffer. When malpractice occurs when caring for a patient having a stroke, these two events combined may cause extreme damage or even death.
A compassionate Poughkeepsie stroke malpractice lawyer with a solid understanding of New York law could work to understand how your life might have drastically changed when you were injured by a medical professional’s malpractice. In response, your skilled medical malpractice attorney could help you file suit and seek appropriate compensation for your damages.
What Damages Are Available for Stroke Malpractice Cases in Poughkeepsie?
Damages are how a civil lawsuit defines what a plaintiff has suffered in light of their injuries. While the suffering could be financial, emotional, or physical, most damages can be categorized as either economic or non-economic in nature.
Since a plaintiff’s recoverable damages will vary from one case to the next, each potential plaintiff should discuss the possible damages in their case with a skilled stroke malpractice lawyer in Poughkeepsie. If retained, it the attorney’s job to show the court how the plaintiff is suffering due to the negligence of a medical professional.
Economic damages could include lost wages, medical bills, rehabilitation, physical therapy, and prescriptions. Non-economic damages might include pain and suffering, loss of enjoyment of life, loss of consortium, mental anguish, and emotional distress.
Punitive Damages
While not frequently used, punitive damages may be assigned by a civil court in certain cases. The intent of these damages is to punish the defendant(s) and prevent them and others from repeating the same behaviors. Based on their instructions, the court could determine if they are appropriate in a stroke malpractice case or not.
Are There Caps For Stroke Malpractice Damages in Poughkeepsie?
New York is one of a handful of states that does not place caps on the amount of compensation a malpractice plaintiff could receive for their economic or non-economic damages. The amount a plaintiff could receive is based solely on the damages they are able to prove to the jury and not a pre-determined cap.
Deadline to File a Stroke Malpractice Case in Poughkeepsie
All potential plaintiffs in stroke malpractice cases should be fully aware of the statute of limitations applicable to their prospective claim. Under New York Civil Practice Law and Rules § 214-a, a plaintiff in Poughkeepsie—or the stroke malpractice attorney working on their behalf—has only two years and six months to exercise their legal right to file a lawsuit seeking compensation for their damages. Depending on the circumstances, the clock begins running when the malpractice has occurred, when it was discovered, or when a reasonable person would have discovered it.
This deadline is extremely important since the plaintiff may no longer have any legal recourse in what has happened once it passes. While plaintiffs can still file their lawsuit, they should anticipate that the defendant will file a motion asking the court to dismiss the case for being time-barred and that the court would almost certainly approve the motion.
Contact a Poughkeepsie Stroke Malpractice Attorney
If your doctor failed to recognize your stroke symptoms promptly and the necessary treatment you needed was delayed, or if you were simply given the wrong treatment, certain legal options may be available. No matter the reason behind the damages you suffer, a Poughkeepsie stroke malpractice lawyer could assist you with pursuing these options and seeking compensation through them. For a case evaluation or to find out what your case might be worth, call today.