(845) 802-0047As stated by the Centers for Disease Control, strokes are caused by a clot or bleeding in the brain, which is one of the leading causes of death in America. Given the severity of these emergencies, it is crucial for individuals to receive immediate and proper medical attention if they are experiencing a stroke.
Patients who seek care for stroke symptoms must be evaluated, diagnosed, and treated within a matter of minutes to decrease the chances of a poor outcome or a fatality. Physicians should also identify patients who may be at risk for a stroke and act to reduce their risk.
If you or someone you love was not treated in accordance with the proper standard of care, a Kingston stroke malpractice lawyer might be able to help. A compassionate malpractice attorney may be able to help you assess your circumstances, gather evidence, and fight for the compensation you deserve.
Filing a Stroke Maltreatment Lawsuit
As outlined in New York Civil Practice & Law Rules §3012-a, a certificate of merit is required when a case is filed based on malpractice. This certificate is meant to reduce the number of lawsuits that are not valid or may be considered frivolous. Essentially, this requires a potential stroke malpractice claimant and their Kingston attorney to attest to one of the following:
- A medical professional familiar with strokes was consulted, and this professional agrees that the circumstances warrant a malpractice suit on the grounds that the defendant deviated from the established standard of care, or
- The plaintiff’s attorney was unable to consult with a medical professional about the validity of the malpractice claim after making a minimum of three separate attempts with three individual professionals
When Must a Certificate of Merit be Filed?
Usually, a certificate of merit must be filed with the original complaint. It should be noted that an additional 90 days might be granted if the task of filing a certificate would delay the case from being filed within the statute of limitations. If the certificate of merit is not filed at all, the case may be at risk for dismissal by the presiding judge.
Recoverable Damages in Kingston
As an experienced attorney could explain, the point of any malpractice case is to obtain compensation for the plaintiff’s damages and to hold the liable parties accountable for their negligence. Simply put, damages represent how the claimant suffered or was inconvenienced due to their injuries.
While damage from a stroke might be readily apparent, it is often difficult for injured claimants to fully assess the extent of their related losses.
What Damages Are Available from a Stroke Malpractice Claim?
A detail-oriented stroke malpractice lawyer in Kingston could help a claimant to calculate the scope of their losses for a claim. These might include:
- Lost income
- Medical expenses—including hospital bills, rehabilitation, prescriptions, and ambulance care
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Mental and emotional distress
Call a Kingston Stroke Malpractice Attorney for Legal Assistance
If you or a loved one suffered a worsened condition after a medical professional failed to treat a stroke properly, you are likely to be traumatized and unsure of how to proceed. However, you might be able to file a claim to recover compensation.
By consulting a Kingston stroke malpractice lawyer, you could have legal help through each step of the ensuing legal process. To get started on a malpractice claim, call a skilled attorney today.