When you receive care at a hospital or any other type of medical treatment, you expect that physicians, nurses, and medical staff will provide appropriate care. Tragically, serious medical errors are all too common and could result in lifelong injuries or even the patient’s death. When a medical provider’s actions are inconsistent with professional standards and you are injured, you may have grounds for filing a medical malpractice lawsuit in Troy. If you feel that you or your loved one is the victim of negligent medical care, contact a medical malpractice attorney today to discuss your legal options.
Requirements for Medical Malpractice Lawsuits in Troy
To file a claim, all four of the following elements are required to satisfy the legal definition of malpractice:
- Duty of care: This refers to the legal or moral obligation of the person or organization the plaintiff is suing to treat their medical issue. Doctors owe their patients a duty to provide treatment with the diligence, skill, and care expected of or possessed by a reasonably competent doctor in the same or similar circumstances.
- Breach of care: After proving that a duty of care existed, the plaintiff must establish that the care they received failed to adhere to what the medical community considers to be acceptable standards of care.
- Causation: The plaintiff must prove that the medical provider’s failure to fulfill their duty of care directly caused injury.
- Damages: It is necessary to demonstrate that the medical provider’s negligence caused actual damages.
When an injured party files a malpractice lawsuit in Troy, the burden of proof is on them to show a direct correlation between the defendant’s actions and the injuries. The victim may need to file their lawsuit against more than one party. A Troy medical malpractice attorney could help plaintiffs determine which parties should be liable for their losses.
Deadlines and Exceptions for Filing a Troy Medical Malpractice Lawsuit
Every state establishes its own time limits for when an injured party may file a medical malpractice or another type of personal injury lawsuit. Generally, a claimant has 30 months from the date of the injury to file their lawsuit against the medical provider, according to New York Civil Practice Laws & Rules §214-A.
Some exceptions to this deadline are for when a foreign object is left in the body or the malpractice occurs to a minor. For foreign objects, the plaintiff has up to one year after they should have reasonably discovered the object, and minors have a right to file until they are 18 as long as it is not more than 10 years from the incident.
What a Lawsuit Entails
The first thing a medical malpractice attorney will do is secure a victim’s medical records and collect evidence. These records will then be reviewed by a board-certified physician who would complete a certificate of merit confirming that there is a reasonable basis for filing a medical malpractice lawsuit. After the suit is filed, the discovery process will begin, with both sides obtaining any documents, information, and depositions (witness testimony given before trial). Only after discovery will a case be placed on a docket or trial calendar.
While trial would be the final phase of a medical malpractice case, not every case reaches trial, and out of court settlements may occur after filing a notice of the issue. Furthermore, the amount of time before the actual trial starts could vary depending on the venue with cases potentially taking anywhere from months to years to settle. If a case does proceed to trial, the trial would begin following jury selection. During the trial, both sides would question each other’s witnesses and experts and present evidence to the jury, which would enter a decision on the case.
Speak with an Experienced Troy Attorney About Filing a Medical Malpractice Lawsuit
If you or a loved one was been hurt due to a medical professional’s negligence, it may be wise to speak with an attorney about filing a medical malpractice lawsuit in Troy. A compassionate lawyer could help determine if you have a viable claim and protect your legal rights throughout the whole process.
To speak with an experienced Troy attorney, call now and set up your case consultation.