While heart attacks are medical events that are difficult to predict, the risk of serious consequences can be reduced with quick and appropriate treatment. However, when a physician or another medical professional fails to act by the standard of care in heart attack diagnosis and treatment, grave consequences could occur.
If you are suffering from these consequences after a doctor or healthcare provider failed to provide care that was within the expected standard, you may have a legal claim that a Newburgh heart attack malpractice lawyer could help you pursue. Discussing your case with a knowledgeable malpractice attorney should be your next step.
Certificate of Merit Required in Newburgh
As per New York Civil Practice & Law Rules §3012-a, a certificate of merit is required in all malpractice cases and must be filed with the initial case. It should be noted that a 90-day extension is permitted under New York Civil Practice Law and Rules § 214a if attempting to meet the requirements for the certificate of merit would impede a plaintiff’s ability to adhere to the statute of limitations.
In New York, the purpose of the certificate of merit in malpractice cases is to help prevent lawsuits that do not have merit. When a heart attack malpractice attorney in Newburgh files a certificate of merit, they are certifying that they performed one of these two actions:
- Consulted with a licensed medical professional regarding the facts in the case, who concluded that the case has merit
- Made three separate good faith attempts at consulting with three different medical professionals but was unable to do so
Plaintiff Liability in Heart Attack Malpractice Cases
In some heart attack malpractice cases, the plaintiff may bear some liability themselves. The jury may only consider this possibility if it is raised as a defense by the defendant. If the plaintiff failed to follow the advice of the physician, lied about their symptoms, or waited to seek medical attention after their symptoms started, they may be found partially liable.
Dissimilar to many other states, New York is a pure negligence law state. Plaintiffs could recover compensation for their damages no matter what degree they are found liable for their injuries. While a plaintiff is still able to pursue damages under these circumstances, their compensation would decrease by the percentage of fault they are found liable for.
The court would determine the plaintiff’s percentage of liability, and that same percentage would reduce their compensation from the defendant(s) in accordance with New York Civil Practice Law & Rules §1411. If a heart attack malpractice plaintiff believes they may have some liability for their damages, they should discuss it with an attorney in Newburgh.
Settlements in Heart Attack Malpractice Cases
While rarer in malpractice cases, settlements are a possible resolution to any civil lawsuit. Settlements are usually negotiated between the attorneys for each side with the input and permission of their clients. A settlement could be reached at any time during the case process.
By negotiating compensation that the plaintiff and the defendant could agree on, both sides could save time, money, and the hassle affiliated with a jury trial. Plaintiffs should note that their own liability would also likely impact their settlement amount just as it would in a trial.
Call a Newburgh Heart Attack Malpractice Attorney
A mismanaged heart attack could lead to severe disability or even death. Your medical providers should have the knowledge and skill to adhere to the standard of care that is expected. If they fail to meet the standard of care and cause injuries and losses to a patient, they should be held liable.
A Newburgh heart attack malpractice lawyer could work with you to do just that. Call today to learn more about your legal opportunities.