(845) 802-0047As a patient, you naturally expect your physician to take your health just as seriously as you do. When a Kingston healthcare provider causes a patient injury by direct error or by failing to act adequately, the victim might be able to pursue compensation for their suffering and bills by filing a medical malpractice lawsuit in Kingston.
A medical malpractice attorney could help you seek compensation for your damages and losses if you have been injured by a medical provider’s negligence. A lawyer could ensure that your legal rights are protected and pursue maximum financial damages on your behalf. You may be entitled to recompense for medical bills, lost wages, loss of consortium, and even your pain and suffering.
What is Medical Malpractice?
While medical malpractice may take many forms, any lawsuit alleging malpractice is founded on the legal doctrine of negligence. This is the idea that a healthcare provider must exercise a reasonable duty of care and skill to their patient that is in-line with industry-standard best practices. To establish medical negligence, someone who wishes to file a Kingston malpractice lawsuit must show:
- The medical provider owed them a duty of care
- The medical provider violated that duty of care by failing to follow the current acceptable standards of the field
- The medical professional’s negligence caused the person’s injuries.
- The victim suffered damages as a result (i.e. lost income, medical bills, pain, and suffering, etc.)
A medical malpractice attorney could investigate the incident and help the victim understand how their case may conclude. Examples of medical provider negligence that could qualify as malpractice include a birth injury inflicted to a mother or infant, failure to diagnose a medical condition, prescribing a drug that has a negative interaction with another drug that the patient is taking, or leaving a foreign object in the patient’s body during a surgical procedure.
Recovering Compensation
Filing a medical malpractice lawsuit in Kingston allows plaintiffs to seek monetary restitution for their injuries, expenses, and general losses. Some compensation that could be recovered in a medical malpractice lawsuit include:
- Expenses associated with the individual’s current and future medical treatment
- Lost current and future income due to an inability to work
- Loss of consortium
- Pain and suffering
- Transportation expenses
- Decreased quality of life
Is There a Time Limit to File a Medical Malpractice Case in Kingston?
All states establish specific timelines for filing a medical malpractice lawsuit. Pursuant to New York Civil Practice Laws & Rules §214-A, the medical malpractice statutory deadline allows victims 30 months, or two and a half years, from the time of the injury to file a claim with the civil courts.
In cases where the health care provider’s error occurred as part of a continuous course of treatment, the statutory clock does not begin until the course of treatment has finished. Other exceptions may apply to the statutory limits to file a lawsuit, making it vital to speak with a medical malpractice attorney who could explain these laws in full and ensure all necessary documents are filed in time.
Kingston Medical Malpractice Lawsuit Process
There are numerous factors that may come into play depending on the particular facts of the plaintiff’s case which could affect the duration of the lawsuit process. Many injury claims may be settled within one to two years, but it is essential for a claimant to speak with an attorney for insights on their own case.
Consulting with a Kingston Attorney
To start the lawsuit process, victims should schedule a consultation with a Kingston medical malpractice attorney. The attorney will investigate the circumstances and determine if the case is valid.
Filing Suit
After investigation, the lawyer and victim must file their suit in court.
As per N.Y. C.P.L.R §3012-A, the plaintiff’s attorney in a medical malpractice lawsuit must file a certificate of merit along with the lawsuit. The certificate must affirm one of two things: that the attorney has reviewed the facts of the case, met with at least one licensed doctor in the same field and concluded that there is a reasonable basis to file the suit, or they were unable to fulfill the consultation requirement despite three individual attempts to schedule a consultation with three separate doctors.
Discovery
After a lawsuit is filed, all parties involved initiate an investigation of the alleged malpractice known as discovery. This allows all parties to request information and documents such as affidavits, medical records, and depositions from any other parties. This phase may sometimes last for months.
Negotiating a Settlement
After the discovery phase, a Kingston lawyer representing the injured party may send a demand letter to the defendant with a summary of the case against, outlining expected compensation. Medical malpractice cases often settle out of court because neither party wishes to go through a long and costly trial.
When a Case Goes to Trial
If no settlement can be reached, the case will go to litigation in court. An experienced criminal defense lawyer could act as an advocate in court, potentially mitigating the drastic consequences.
Contact an Experienced Kingston Attorney to Discuss Filing a Medical Malpractice Lawsuit
If you or your loved one has been hurt by a medical provider’s negligence, a Kingston attorney may be able to help. A lawyer could examine your case and help you understand your legal rights.
Call now to schedule your case evaluation and discuss filing a medical malpractice lawsuit in Kingston before your time runs out.