When a patient receives medical treatment, they expect the physician and medical staff to act in their best accordance, following industry best practices. When a Newburgh medical professional acts negligently, the results could be nothing short of catastrophic for the patient. Victims of medical malpractice may be able to recoup compensation for their damages by filing a medical malpractice lawsuit in Newburgh.

Medical malpractice lawsuits are long and complicated processes, but an experienced medical malpractice lawyer could help you get through this trying time in your life. An attorney could launch a comprehensive investigation of their potential case and seek just compensation for those affected.

The Process to File a Newburgh Medical Malpractice Lawsuit

Medical malpractice lawsuits are among the most complicated types of cases. It is important that an injured party who wishes to pursue a Newburgh medical malpractice lawsuit be fully aware of the legal process involved and seek aggressive legal representation from the outset.

The time to complete a medical malpractice lawsuit depends on the strength and complexity of the case and the court of jurisdiction. Medical malpractice lawsuits may be settled out of court but the process could still take years. Alternatively, cases that are successful at trial could take several years before any compensation is paid.

Deadline to File

New York Civil Practice Laws & Rules §214-A requires that a lawsuit for medical malpractice be commenced within 30 months of the alleged incident. If the medical professional’s error occurred during an ongoing course of treatment, the statutory clock does not start until that treatment is finished. Certain exceptions could apply to the 30-month deadline, such as the discovery rule or if a minor child was involved.

The discovery rule may provide an exception to the standard statutory deadline if a victim could not have reasonably learned they had a foreign object left in their body. In these cases, a Newburgh patient could file a lawsuit for medical malpractice within one year of the date of discovering the foreign object, or within one year of the date of discovering facts that would have reasonably led to discovering the foreign object, whichever happens first.

Under New York law, the statutory deadline for minor children in malpractice cases does not start running until the child turns 18. However, regardless of the child’s age when the alleged malpractice occurred, the deadline cannot extend more than ten years after the incident date. Speak with a Newburgh attorney to learn more about the time limits applicable to a potential malpractice claim.

Prior to Filing

According to N.Y. C.P.L.R §3012-A, to file a lawsuit in New York, it is required that treatment records be reviewed by an expert who completes a certificate of merit. This certificate is an affidavit stating that there is reason to believe malpractice may have occurred. After the certificate of merit is complete, a medical malpractice attorney may file suit.

The Discovery Period

Discovery begins for both parties after a lawsuit commences. During this stage, the lawyers for each side must provide the other with pertinent information and documentation. Depositions are also taken, which are pre-trial examinations provided by witnesses under oath. After discovery, a lawyer would file a notice of issue to place the case on the court’s trial calendar.

Trial

While trial is the final step of a medical malpractice lawsuit, not all cases make it to trial. A case could be settled at any time, although settlements generally occur after the filing of the notice of issue. If it is not possible to reach an out of court settlement, the case will proceed to trial.

Once a case is placed on the trial calendar, pretrial conferences will start. After jury selection, the trial would begin. Both sides present evidence and question each other’s experts and witnesses until the jury renders a verdict.

Speak with a Newburgh Medical Malpractice Attorney About Your Legal Options

A skilled medical malpractice attorney could discuss the possibility of filing a medical malpractice lawsuit in Newburgh if you have been injured by a medical provider’s negligence. A lawyer would explain your legal rights and discuss the compensation which may be pursued. Call now to schedule your attorney consultation and case evaluation.