When you seek help from a medical professional, you expect to be treated with respect and care. Errors and mistakes have the potential to occur from any number of—otherwise avoidable—circumstances. These mistakes might result from surgical errors, misread laboratory tests, failure to recognize symptoms, prescribing the wrong medication, or premature discharge.
If you were injured while under the care of a medical professional, you might benefit from contacting a Kingston medical malpractice lawyer to discuss a personal injury claim. A tenacious malpractice attorney could help to review your case, gather evidence, and work to build an injury claim for compensation.
What Makes a Medical Malpractice Claim?
A medical malpractice claim must include several crucial points to be valid. Essentially, an injured claimant must be able to establish multiple elements for a claim. These include proof that:
- The defendant owed a duty of care to the plaintiff as their doctor or as another healthcare provider
- The defendant breached their duty of care by not doing something or failing to do something that a reasonably prudent medical professional would have done
- The defendant’s breach of duty led to the plaintiff’s injuries
- The injuries caused the plaintiff to incur damages
Even when a person’s injuries are apparent, proving that a medical professional was negligent is often an exhaustive legal process. A well-versed Kingston medical malpractice lawyer could guide a claimant through each step of the ensuing legal process to demonstrate negligence.
Medical Malpractice Filing Requirements in Kingston
Unlike other injury cases, medical malpractice cases often have different filing requirements in Kingston. Certain criteria regarding both the statute of limitations and the filing of a certificate of merit must be met.
What is the Statute of Limitations for a Medical Malpractice Case in Kingston?
The statute of limitations is a set time period given to a potential claimant looking to file a lawsuit. This statute is in place for numerous reasons, including to try to ensure that evidence is current and fair for a case of malpractice.
Pursuant to New York Civil Practice Law and Rules § 214-a, anyone injured by a doctor or other care professional’s negligence has two years and six months to pursue a claim. This deadline is active from the date that a claimant suffered their injury and, while there might be exceptions, anyone looking to file a claim might face a dismissal once the statute of limitations expires. Given the statute of limitations, individuals who have suffered from medical malpractice should consult a hard-working attorney immediately to begin pursuing their claim.
Why Do I Need a Certificate of Merit?
Another essential filing requirement for a malpractice case is the certificate of merit, which must be filed along with the case filing. This certificate must state that the claimant and their attorney either consulted with a medical expert who agrees that the case is valid, or that three attempts so were made to consult with an expert about the case, but they were unresponsive.
It should be noted that if obtaining the requirements of a certificate would keep the case from being filed within the statute of limitations, the law affords plaintiffs another 90 days from the date of the case filing in which to file a certificate. A proactive medical malpractice lawyer in Kingston could help a claimant to collect the necessary documents and file a timely claim.
Call a Kingston Medical Malpractice Attorney for Help
If you or a loved one was injured or suffered a worsened condition from a medical professional’s maltreatment, a well-versed Kingston medical malpractice lawyer could help to explain your legal rights and options. If successful, you might be able to recover compensation for lost wages, pain and suffering, and other associated damages.
A compassionate attorney could work tirelessly to file a thorough and persuasive claim so that you could focus on your recovery. To schedule a consultation, call a legal professional today.