Assessing Laws with a Medical Malpractice Attorney in Queens County, NY

by | Aug 28, 2017 | Lawyers

In New York, a medical malpractice happens when a doctor fails to provide an adequate duty to their patient. This duty reflects a high standard of care. Federal laws require all doctors to provide high-quality health care for all patients. They cannot reduce this standard based on a personal prejudice, opinion, or belief. A low standard of care presents a liability, which is legally actionable for the patient. A medical malpractice attorney in Queens County, NY represents patients who fall victim to these circumstances.

The Statute of Limitations

The statute of limitations for medical malpractice is two years and six months. The patient must file a lawsuit before this statute runs out or they forfeit their rights to any compensation. However, certain exceptions may apply to some cases. For example, if the medical malpractice relates to medical treatment, the doctor must complete the entire treatment before the clock starts for the statute. According to the law, the victim has thirty days from the day that the doctor stopped the treatment.

How Does Discovery Work in NY?

Discovery is a term used to describe conditions that were found at a later time. For example, the date in which a patient discovers that medical tools or materials were left inside their body starts a new statute. The patient has an additional year beyond the standard statute in these instances. This also applies to more severe brain injuries that weren’t discovered previously.

What Laws Apply to Children?

Parents won’t face a statute of limitations for lawsuits if their child is under 8. They have until the child’s eighth birthday to file a legal claim. However, if the child will turn eight-years-old before the standard statute runs out, they must file sooner.

In New York, a medical malpractice indicates that a doctor failed their patient. The cases present an error caused by the doctor’s actions or failures. They exist after medical procedures, improper treatment, or a wrong diagnosis. They also exist when a doctor installs a faulty or recalled medical device. Patients who need a medical malpractice attorney in Queens County, NY contact the Law Offices of Joseph J. Perrini, III or visit the website for more info.

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