(845) 802-0047The severity of medical malpractice may range from a doctor simply forgetting to report a test result to a patient to a person suffering catastrophic injury or losing their life after being given medication that they were allergic to. While such accidents occur at a higher rate than they may expect, potential medical malpractice plaintiffs do have legal options if they wish to hold the responsible party accountable.
If you are interested in filing a medical malpractice claim in Kingston, a skilled attorney could help you learn your rights. Once retained, a dedicated medical malpractice lawyer could provide the legal support and guidance you need.
Types of Medical Errors
Medical malpractice occurs when a doctor, nurse, or other medical professional fails to provide their patients with what is considered reasonably prudent care. In certain cases, this could be caused by improper training, distractions, or even simply being in a hurry. Common examples of medical malpractice include:
- Wrong-site surgery
- Prescribing the wrong medication or wrong dosage
- Surgery or procedure performed on the wrong patient
- Failure to diagnose a condition accurately
- Failure to treat a condition properly
What is the Deadline for Submitting a Medical Mistake Lawsuit?
The deadline for filing a medical malpractice lawsuit in New York is two years and six months from the date of the injury. This law is known as the statute of limitations and can be found in the New York Civil Practice Law and Rules §214-a.
It should be noted that there is an exception to this statute if a surgical sponge, tool, or other similar item was left inside of a patient during surgery and not discovered until a later date. In such a case, the statute of limitations does not begin running until the date the patient discovers this condition.
Potential plaintiffs who miss the filing deadline will likely never be able to recover damages for their injuries. While a case could still be filed once the time limit has passed, the defendant could motion to dismiss it based on the expired filing deadline, and the court would almost always grant this motion.
Certificate of Merit Filing Requirement in Hospital Error Claims
In conjunction with filing a case within the allotted timeline, plaintiffs also file a certificate of merit, as outlined in NY CPLR §3012-a. When filing a medical malpractice claim on a plaintiff’s behalf, an attorney in Kingston must file a certificate that affirms one of the following scenarios:
- The attorney met with a minimum of one licensed medical provider who reviewed the details of the case and concluded that it had legal and medical merit
- The attorney made a minimum of three unsuccessful attempts in good faith to consult with a licensed medical provider and discuss the case before the filing deadline
Can a Certificate Be Submitted After a Case is Filed?
If obtaining a certificate of merit might potentially cause a case filing to be delayed beyond the statute of limitations, state law allows a 90-day extension to submit the certificate after the case is filed.
Seek Help with Filing a Medical Malpractice Lawsuit in Kingston
Given the complex nature of New York’s medical malpractice laws, a layperson may find it difficult to effectively pursue legal action against the negligent party without help. Additionally, the injuries that medical malpractice victims suffer from may limit their ability to fight back.
An experienced attorney could help you with filing a medical malpractice claim in Kingston. If you wish to build an injury claim and pursue compensation for your damages, pick up the phone and schedule a case consultation today.