(845) 802-0047When a patient undergoes any type of medical treatment, they often expect their doctor, nurse, or surgeon to act in a safe manner. When a medical provider acts negligently, the results could be catastrophic. Medical negligence may cause patients severe injuries and force them to face an array of hardships. In addition to the serious physical ailments that may be caused by a healthcare provider’s negligence, patients may also face a number of serious financial hardships. A skilled Troy medical malpractice lawyer could review your claim and determine whether you have a valid case.
Schedule an appointment with a knowledgeable attorney who could help find effective legal strategies for your case. Compensation could significantly help an injured person address financial concerns as they attempt to recover from unexpected complications.
What Are the Legal Elements of a Medical Malpractice Case?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care. While medical errors can cause injury and suggest negligence, they don’t always justify a lawsuit. To have a case, plaintiffs must prove several key elements in court.
Duty of Care
A medical malpractice lawsuit is valid only if the medical professional owed the patient a duty of care. In medicine, this duty is a legal obligation to provide proper treatment.
Breach of Duty
Next, the medical professional typically must have breached their duty of care. A healthcare professional has breached their duty of care when their treatment fails to meet the accepted standard of other healthcare providers in the same field.
Proximate Cause
Following that, the medical professional’s breach of duty generally must have directly caused the patient’s injury. For example, if a physician does not thoroughly review their patient’s medical history and the patient subsequently suffers a severe allergic reaction to a medication, they may have grounds for a medical malpractice lawsuit.
Damages
Finally, the healthcare provider’s negligence generally must have caused the patient to suffer some form of physical harm. If the negligence of a health care professional causes some type of financial loss, the injured person and their Troy medical malpractice attorney could seek economic damages. Non-economic damages, on the other hand, include pain and suffering, mental anguish, and other damages that do not typically have an objective value.
Statute of Limitations for Medical Malpractice Claims
Like many states, New York State generally has a statute of limitations—or deadline—to file a medical malpractice case. According to New York Civil Practice Law & Rules §214-a, if a person suffers an injury as a result of a health care provider’s negligence, they typically have two and a half years from the date of the accident to file a lawsuit in court.
If malpractice occurred during ongoing treatment, the statute’s clock starts when treatment ends. For foreign objects left in the body, lawsuits must be filed within a year of discovery.
Judges often dismiss cases filed after the statute of limitations deadline, preventing plaintiffs from seeking compensation. A medical malpractice attorney in Troy could help a potential plaintiff ensure they file their case well in advance of this deadline.
Contact an Experienced Troy Medical Malpractice Attorney
If you suspect that your doctor, surgeon, or other health care professional treated you below the standard that would be expected of someone in their professional position, and you were injured as a result, you may be in a position to pursue financial compensation.
A seasoned Troy medical malpractice lawyer with extensive legal knowledge regarding malpractice cases in New York could aggressively fight to pursue the compensation to which you may be entitled. To learn more, call and arrange an appointment with a dedicated injury attorney.