(845) 802-0047Medical malpractice has become a serious problem in America—so much so that it is now the third leading cause of death in the country, as reported by the Centers for Disease Control and Prevention (CDC). Whether it comes from a lack of training or skill, distraction, hurriedness, or fatigue, there is no excuse for putting patients’ well-being and lives at risk.
Certain common medical malpractice claims in Newburgh have been particularly successful in garnering damages for injured individuals. By hiring a qualified malpractice attorney, you could learn more about what you might be entitled to for your suffering.
Common Types of Malpractice Cases
All trained medical staff have a duty to treat their patients with a standard of care in line with common practice in the industry. Medical malpractice occurs when a doctor, nurse, or another healthcare professional does not adhere to the standard of care for a patient.
Medical malpractice can happen by mistake or by intent, but no area of medicine is immune to malpractice. Particularly common types of medical malpractice cases filed in Newburgh include:
- Delay in diagnosis
- Misdiagnosis
- Prescription drug errors
- Surgical errors
- Anesthesia errors
- Birth injuries
- Failure to treat
- Medical product liability
By itself, a malpractice event would not give rise to a lawsuit. However, if the alleged malpractice causes injuries and damages to the plaintiff, there may be a valid legal claim. Injured patients could hire a compassionate attorney to represent their best interests in court and help them pursue compensation for all they endured.
The Statute of Limitations for Medical Malpractice
No matter what type of medical malpractice claim a plaintiff files, they are required to do so within the period set by the statute of limitations. New York Civil Practice Law and Rules §214-a provides two years and six months from the date that malpractice allegedly occurred in which to file a claim.
This statute does have a few exceptions in specific cases. For example, if an object was left inside of a patient, the statute of limitations is one year from the date that the item’s presence was discovered or reasonably should have been discovered.
Likewise, if malpractice is related to a series of treatments, the statutory period would run from the date the last treatment was received. Finally, if the malpractice case involves a missed cancer diagnosis, the statute of limitations would not apply until the day the injured patient discovers—or should have discovered—that their injuries stemmed from malpractice.
Help with Common Newburgh Medical Malpractice Cases
Medical malpractice has the potential to drastically change the life of a patient and all who know them. If the patient survives, they may face a variety of permanent challenges, and in many cases, there is, unfortunately, no price that could be paid to fully make up for all of these damages.
However, receiving a fair settlement or court award could help an injured patient move forward into their lives without the burden of medical bills or other financial issues. To learn how much common medical malpractice claims in Newburgh might be worth, schedule a case consultation today.