(845) 802-0047Medical malpractice may occur in Poughkeepsie when a physician or other medical provider fails to act in time or acts carelessly, causing serious injury, disability or even death to a patient. The most common cases that could give way to medical malpractice are the result of a late diagnosis, a wrong diagnosis, surgical mishap, or diagnostic error. If you find yourself in this situation, schedule your introductory consultation with an accomplished medical malpractice attorney and discuss filing a medical malpractice lawsuit in Poughkeepsie.
Types of Medical Malpractice
In Poughkeepsie, medical errors could occur in a number of ways. Grounds for medical malpractice may include:
- Surgery performed on the wrong body part
- Surgery performed on the wrong patient
- Surgical instruments or sponges left inside of a patient
- Anesthesia errors
- Failure to diagnose a medical condition
- Wrongfully administered dosage or prescription
Holding a Negligent Medical Provider Accountable
A medical malpractice lawsuit in Poughkeepsie may be filed in cases where a physician or other health professional breaches or violates the accepted standard of care a competent physician would have administered to a patient in similar circumstances. Bringing individuals or entities responsible to judgment depends on the claimant’s ability to prove the following:
- The medical provider (i.e. doctor, nurse, hospital, medical staff) had a professional duty to their patient. When someone is a patient or is being offered health advice or treatment, the provider owes them a duty of care.
- The medical provider was negligent. Negligence may be considered to have occurred if a medical professional’s action or inaction was not that which another reasonable medical professional would have done, or failed to have done.
- The medical professional’s negligence caused the patient injury. The prognosis or condition of the patient must have been worsened due to the treatment given.
- The patient’s harm must have caused them some physical or financial loss.
Proving negligence in alleged malpractice cases can be especially difficult. A medical provider may argue that a patient already had underlying medical conditions which factored into the cause of harm, thereby rendering the patient’s prognosis the same. This makes skilled and accomplished legal representation essential to presenting a successful case.
Length of a Malpractice Case
The time a medical malpractice lawsuit takes depends in a multitude of factors, including the injury, party, and fact pattern. Many claims seem to be settled within two years, but others could involve a lengthier process. In addition, cases that win at trial could take several years before a payout of compensation is achieved.
New York law also establishes time limits in which an injured patient may file a medical malpractice lawsuit. If a claimant fails to bring their lawsuit by the statutory deadline, they may lose their right to compensation.
Under New York Civil Practice Laws & Rules §214-A, injured parties generally have two and a half years, or 30 months, from the date of the malpractice act to file their lawsuit. The statutory deadline may toll in certain circumstances, such as if a patient is receiving continuous treatment, in which case the statute would begin once treatment ended. Consult with a qualified attorney to discuss a potential malpractice case in detail.
The Lawsuit Process
The lawsuit process will begin with a lawyer investigating the circumstances of the malpractice incident. Once they have verified that the claim is valid by consulting with a medical expert, they can file a suit in civil court. They will file a complaint as well as issue a summons.
After this, the discovery process begins where both sides can request information, documents, affidavits, medical records, and depositions from each other. This process may take months to complete. After the discovery process, the parties will either settle on an amount of compensation out of court, or the case will go to trial.
Learn More About Filing a Poughkeepsie Medical Malpractice Lawsuit
Retaining zealous legal representation means that you could have a seasoned Poughkeepsie medical malpractice attorney help you collect evidence and pursue just compensation for your losses. If you have been injured due to the suspected negligence of a physician, an attorney could evaluate the strength of your claim and assist with filing a medical malpractice lawsuit in Poughkeepsie.
Get in touch today for a no-obligation consultation.