Overview Of New York Medical Malpractice Cases


Have you or a loved one been harmed by a medical error and feel overwhelmed with frustration and have questions?  However, it is important for you to understand that medicine has no guarantees.  Mistakes can happen, but some of those mistakes that should not have happened do because of negligence.  Should a doctor, nurse, or other medical professional fail to provide a patient proper treatment, and that patient is injured, the victim or the surviving family may be able to pursue a medical malpractice claim against the party responsible.

What is Considered Medical Malpractice?

Mistakes or poor outcomes do not necessarily mean that there was medical malpractice or negligence.  It is necessary that the victim show that the medical professional failed to perform his or her duties competently and with the necessary care.  It can be difficult for the victim to prove whether the medical professional caused harm to a patient who was already injured or ill.  An experienced Kingston, New York medical malpractice attorney can obtain the help of a medical expert to evaluate the patient’s claim.  The patient will need to provide evidence that he or she suffered due to medical negligence in the form of physical pain, mental anguish, additional medical expenses, and/or lost earning capacity.

Types of Medical Malpractice

Medical malpractice and negligence can have severe consequences for patients who rely on doctors, nurses, and other hospital staff to provide the best possible care.  Common types of medical malpractice claims often involve:

  • Birth injuries
  • Failure to diagnose
  • Improper treatment
  • Prescription drug error
  • Surgery mistakes

Proving Medical Negligence

It can be very difficult to be successful in a medical malpractice case without the help of an experienced attorney.  Proving fault in these cases requires special knowledge and training.  An experienced Kingston, New York medical malpractice attorney can help you investigate your claim and with the help of medical experts to obtain evidence to help build your case.

Are You Eligible to File a Claim for Medical Malpractice?

Patients who have been injured, or surviving family members, can pursue a claim or lawsuit against an alleged negligent medical professional.  However, there is generally a limited two and a half year window in New York to file a medical malpractice claim.  If you or a loved one has suffered harm due to medical malpractice or negligence, contact an experienced Kingston, New York medical malpractice attorney as soon as possible to evaluate your case.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.