(845) 802-0047When malpractice occurs within the medical field, there are many different people or entities that could bear liability. Once retained by a victim of such mistreatment, part of the job of a skilled Newburgh hospital negligence lawyer could be to determine who could be held liable for that victim’s injuries.
The case may involve more than just a nurse or a doctor as a defendant—depending on the circumstances, it may also include the hospital itself. In this way and many others, these types of cases could be difficult to prove, so it is often crucial that plaintiffs have a seasoned medical malpractice attorney on their side who could look at their case from all angles and work tirelessly to hold every liable party accountable for their actions or lack thereof.
When Can a Hospital Be Liable for Injuries?
Although a hospital itself may not have directly committed a negligent act that harmed a patient, they can be held liable for playing a role in allowing such injurious conduct to occur. For instance, they could be liable for not servicing or maintaining the appropriate medical equipment or for using equipment or medications that have been recalled.
A hospital can also be liable if their employee was acting within the scope of their job when they injured a patient. Nurses and other ancillary staff within a hospital are usually employed by the hospital, so someone acting in such a role is found negligent, a plaintiff may be able to include the hospital as a defendant in an ensuing malpractice case.
Some doctors and other staff may not be directly employed by the hospital, which could decrease the hospital’s liability in some cases. However, a Newburgh hospital negligence attorney could potentially help a plaintiff sue for corporate negligence if a hospital allowed a dangerous or incompetent doctor to have privileges there.
Special Requirement for Cases Filed in Newburgh
As per New York Civil Practice & Law Rules § 3012-a, any malpractice action filed in the State of New York must be accompanied by a certificate of merit. This requirement is meant to help reduce the incidences of frivolous lawsuits inundating the courts. A 90-day extension for filing a certificate of merit is allowed if filing it with the claim would cause the plaintiff to miss the filing deadline established by the applicable statute of limitations.
A hospital negligence lawyer in Newburgh could use a certificate of merit to attest to one of two situations. Typically, the certificate would certify that they consulted with a medical professional familiar with the area of medicine that the case is based on who agreed that the case has merit.
If the attorney was unable to accomplish this, they must be able to attest that they made three different attempts in good faith to meet with separate medical professionals but were unsuccessful. Without a certificate of merit, a medical malpractice case stands the risk of being removed from the court.
Contact a Newburgh Hospital Negligence Attorney for Professional Assistance
If you suffered an injury while receiving medical care, you might have a valid claim against the hospital where you received that care. To preserve the integrity of your case, it may be wise to reach out for legal help as soon as possible after the incident.
By discussing your case with a Newburgh hospital negligence lawyer, you could find out what your legal rights are and determine the best steps you could take to pursue the compensation you need for your injuries. Call today to schedule your appointment.