Medical Malpractice Attorney Representing Injured Patients In Troy, New York
Nobody should have to visit a healthcare provider’s office or a hospital with worries about the risks of medical malpractice. Yet medical mistakes frequently result in avoidable patient injuries, and patients suffer irreparable and life-threatening harm. If a healthcare provider was negligent and you suffered an injury as a result, you should talk to a Troy medical malpractice lawyer as soon as possible about your case. You could be eligible to file a medical malpractice lawsuit in New York.
Common Examples Of Medical Malpractice In Troy
Medical malpractice can take many different forms. According to the Agency for Healthcare Research and Quality (AHRQ), the following are among the most common errors that can result in medical malpractice injuries:
- Medication errors, such as prescribing errors, failure to note drug interactions, the wrong dosage is given to a patient, or the wrong medication prescription filled;
- Diagnostic errors, including misdiagnosis and delayed diagnosis;
- Anesthesia errors, such as giving the improper amount of anesthesia to a patient;
- Surgical errors, which may include operating on the wrong body part (wrong-site surgery), operating on the wrong patient, or leaving a foreign object inside a patient;
- Hospital-acquired infections; and
- Obstetrics errors that occur during pregnancy or during childbirth.
Who Is Liable For A Troy Medical Malpractice Injury?
A variety of health care providers may be responsible for an injury caused by medical malpractice, including but not limited to the following:
- Nurse practitioner;
- Physician’s assistant;
- Laboratory technician; and/or
Elements Of A Troy, NY Medical Malpractice Lawsuit
All medical malpractice cases must involve certain elements in order for the injured patient to win the case. Each state has its own medical malpractice laws, and it is important to work with a medical negligence lawyer in Troy who has experienced handling these types of cases in New York. In general, a Troy, NY medical malpractice lawsuit must include the following elements:
- Healthcare provider owed the patient a duty of care (proving that a duty of care was owed is relatively straightforward when there is a doctor-patient relationship);
- Healthcare provider was negligent (negligence typically means that another healthcare provider in the same field in Troy, NY would not have considered the actions of the healthcare provider accused of malpractice to be reasonable under the circumstances, or another healthcare provider would have acted differently under the same or similar circumstances);
- Healthcare provider’s negligence caused the patient’s harm; and
- Patient actually suffered damages as a result of the healthcare provider’s breach of the duty of care.
Statute Of Limitations In Medical Malpractice Lawsuits In Troy
All personal injury lawsuits have a statute of limitations. Medical malpractice lawsuits are one type of personal injury claim, and they have a strict timeline. According to New York law, any medical malpractice action “must be commenced within two years and six months of the act, omission, or failure complained of or last treatment where there is a continuous treatment for the same illness, injury, or condition which gave rise to the said act, omission, or failure.” What this means is that a patient’s lawsuit must be filed within two years and six months from the date of the injury. Once that time window closes, the injured patient’s claim will become a time-barred claim under New York law.
However, there are two key exceptions to the time window. The “clock” on that statute of limitations can begin “ticking” at a later date, giving the injured patient more time to file his or her lawsuit. These two exceptions include the following:
- Medical malpractice lawsuit arising out of a patient injury caused by a foreign object being left in the patient’s body during surgery (in which case the claim must be filed within one year from the date the patient discovered or reasonably should have discovered the foreign object); or
- Medical malpractice claim arising out of a negligent failure to diagnose cancer or a malignant tumor (in which case the claim must be filed within two years and six months from the date the patient knew or reasonably should have known about the diagnostic error).
Contact A Medical Malpractice Attorney In Troy, New York
If you or someone you love suffered a serious injury because of a healthcare provider’s negligence, you should learn more about your options for filing a claim for financial compensation. One of the dedicated Troy medical malpractice lawyers at our firm can speak with you today about your case. We have years of experience representing clients in New York, and our attorneys can help you to determine your options for seeking financial compensation. Contact Powers & Santola, LLP for assistance and to learn more about the services we provide to injured patients in Troy.