(845) 802-0047When you or a family member seeks medical care for any reason, you have the right to expect that you will be treated in accordance with the acceptable standard of care. You also have the right to expect that you will not be subjected to further injury or harm due to medical negligence.
However, according to recent estimates, over 200,000 people die each year and even more suffer serious injuries in the United States because these expectations were not met. Careless mistakes can cause severe medical complications and injuries.
Although you cannot change the past or control what has happened to you, you can take control of your future by hiring an experienced medical malpractice attorney to represent your best interests. With strong legal representation, you may be able to avoid going to civil court and instead achieve compensation by settling a Newburgh medical malpractice case out of court.
Medical Malpractice Case Timeline
As per New York Civil Practice Law & Rules §214-a, the statute of limitations or time limit to file a medical malpractice case in New York is 18 months from the date of the injury. Once the case is filed, it can take several years before the case will be moved to the courtroom.
Settling a medical malpractice case in Newburgh can often cut months or even years off the legal process, which can be beneficial for both the plaintiff and the defendant. Resolving the case sooner can cut down on expenses and even emotional turmoil for the plaintiff.
Physician Approval
Medical malpractice case settlements in Newburgh usually require the settling doctor to approve the settlement amount. This is different from other personal injury claims, which can often be settled by the defendant’s insurance company without input from the defendant.
When a settlement is agreed upon or when a case is decided in the favor of the plaintiff, medical malpractice insurance premiums may sky-rocket for the physician. This is the primary rationale behind the change in procedure compared to standard personal injury settlements.
However, some medical malpractice insurance companies do not give physicians an option to settle and prefer to take cases to trial instead. They may want to avoid litigation by showing that they will not simply settle.
Settlement Payments
When the plaintiff and defendant have agreed upon a settlement amount, there are different ways that payments can be set up depending on the age of the plaintiff, local laws, and the types of injuries sustained by the plaintiff.
Payments can be made in a lump sum one-time payment or in a structured manner such as a monthly or yearly payout. Some settlements may even involve a combination of one-time and structured payments.
When and how the plaintiff receives their settlement, as well as how much the settlement is worth, is formally put into writing and signed by all interested parties. It is important to note when settling a Newburgh medical malpractice case that some settlements, especially those involving minor children, may require court approval.
Settling a Medical Malpractice Case in Newburgh May Be the Best Option
If you were injured by a careless medical mistake, a skilled lawyer is available to represent you. Before heading to a time-consuming and often arduous trial, you and your attorney could make an attempt at settling a Newburgh medical malpractice case. However, the final decision is yours.
Seasoned malpractice attorneys are not intimidated by large insurance companies and should have the necessary experience to take your case to court if needed. Call today to learn more about your rights and options after medical malpractice has occurred.