A doctor’s primary responsibility is to assess a patient for signs and symptoms of disease or illness and then act to fix these conditions, sometimes through surgical procedures. If you or a loved one suffered an injury or another medical consequence because a doctor or other medical professional failed to perform a critical procedure, you may need to contact a Hudson Valley failure to perform a critical procedure lawyer today.

You have the right to seek compensation for your injuries, pain and suffering, and complications associated with your doctor’s mistakes. Read on to learn more about how a professional malpractice attorney could help make a difference in your life today.

Filing a Lawsuit

Cases against doctors who failed to perform a procedure are generally filed under medical malpractice laws as a negligence action. Negligence can be a confusing area of law, particularly when there is medicine and medical professionals involved. Medical malpractice can be summarized as any deviation in standard medical practices. In order for a patient to prevail in such a case, they will need to establish a duty, a standard of care, a breach of duty, proximate cause, and damages. The first step in filing a claim against a doctor who failed to perform a critical procedure begins with filing a summons and complaint. Pursuant to, N.Y. C.P.L.R. § 304, the complaint and summons should include:

  • The proper name of every plaintiff as well as every defendant in a case
  • A short, clear, and concise statement of the factual basis for each claim
  • A demand that the court award some form of relief such as monetary compensation

Once a civil summons is filed, the doctor will then have 30 days to file an answer that will either admit or deny the statements contained in the complaint. It is important to understand that each claim must demonstrate to the court that the injured patient has the right to receive relief from the court. A dedicated Hudson Valley failure to perform a critical procedure lawyer can be a valuable asset during this application process.

When to Bring a Case

Anytime an individual believes they were harmed by medical malpractice, it is important they reach out to a Hudson Valley failure to perform a critical procedure lawyer as soon as possible. New York laws N.Y. C.P.L.R. § 214a dictate that a lawsuit for a doctor failing to perform a procedure must be brought within two years and six months.

This means if a case is filed three years after a doctor provides inadequate care, the case may be dismissed because it was filed outside the statute of limitations. However, there are certain exceptions to this time limit that may be pertinent to cases in which a doctor fails to perform a critical procedure. Known as the discovery rule, an individual can file a medical malpractice claim against a doctor within one year of discovering their doctor left a foreign object in their body. This type of surgical error can lead to a myriad of health problems that a doctor could be held accountable for.

How a Hudson Valley Failure to Perform a Critical Procedure Lawyer Can Help

A Hudson Valley medical malpractice attorney can help individuals and families affected by a doctor’s negligence. Your attorney will obtain copies of your medical records and charts and will review these documents for evidence of any indication that a procedure was necessary. Working with a Hudson Valley failure to perform a critical procedure lawyer gives individuals assurance that their rights can be protected and a negligent doctor can be held responsible for their actions. Consider scheduling your initial consultation with a qualified attorney today to get started on your case.