It can be difficult to tell medical malpractice from personal injury if you are not an expert. But knowing the difference can be crucial when it comes to mistakes made by medical personnel, which sadly are not that uncommon in New York City. Take a look at how these two terms differ and do not hesitate to contact a New York medical malpractice lawyer if you believe your healthcare provider does not meet professional standards.
At Kucher Law Group, our lawyers can help you navigate the complexities of the legal system and fight for your rights. Your health and well-being deserve the utmost attention, and pursuing a medical malpractice claim may provide the justice and compensation you deserve. Don’t hesitate to reach out at (929) 274-8000 to discuss and determine the best course of action for your case.
Which Tort Claim Is A Personal Injury Claim In NYC?
A personal injury claim is a term describing a legal case that can be opened if you have suffered harm to your body or mind due to someone else’s fault.
The laws on personal injury state that if another party’s careless actions cause injury, the victim can hold that party accountable and might get compensated.
The tragic events leading to the injury can be different, for instance:
- Truck accidents
- Car accidents
- Slip and fall accidents
- Bicycle accidents
- Construction accidents
- Birth injury incidents
- Nursing home negligence
- Medical malpractice incidents
In short, if there is a party that has a duty of care and they breach this duty which results in an injury, you are entitled to compensation.
In all these cases a personal injury lawyer would be able to examine what damage was done and who is liable for it. The attorney can consult you on making a personal injury claim.
What Constitutes Medical Malpractice?
Negligence is the core of all personal injury cases. That’s why medical malpractice also falls under this type of tort claim. However, malpractice cases are more complicated since the majority of them involve technical and medical terminology and procedures. For this reason, it’s better to consult an experienced medical malpractice lawyer for specific advice.
Medical negligence or medical malpractice refers to an act of a healthcare provider not meeting the norms and standards accepted in their particular job. When the medical staff doesn’t meet standards of care and their actions result in injury or death, the injured party has the right to recover compensation.
Statute of Limitations on Medical Malpractice
The term statute of limitations refers to a state law that establishes a specific time limit within which legal action must be initiated for a particular case. If a case is filed outside of this timeframe, it can be dismissed by the court. The deadlines for filing claims differ based on the nature of the claim and the specific state in which it is submitted.
In New York, the timeframe within which medical malpractice claims can be filed is determined by the statute of limitations. For cases of medical malpractice, this period is set at two and a half years. The clock starts ticking either from the occurrence or omission that resulted in harm, or from the conclusion of the final treatment, particularly in situations where ongoing treatment is required for the same illness, injury, or condition.
However, it is important to note that there are exceptions to New York’s statute of limitations for medical malpractice, and these exceptions can have a substantial impact on the viability of your case. Obtaining legal counsel is essential to effectively navigate the complexities and variations in the law.
- Discovery of a Foreign Body: If a patient discovers a foreign object, such as a surgical instrument or gauze, left inside their body, they have one year from the date of discovery or from when the facts became reasonably discoverable, whichever is earlier, to file a claim.
- Negligent Cancer Diagnosis: For cases involving negligent diagnosis of cancer or tumors, or the failure to diagnose them, the filing of a claim must take place within two and a half years from the date when the individual became aware or should have reasonably become aware, of the negligence, or from the date of the last ongoing treatment received. The enactment of “Lavern’s Law” in 2018, named after Lavern Wilkinson, also sets a seven-year timeframe from the act or omission.
- Minors: For medical malpractice cases involving minors, the statute of limitations may be extended until they reach 18 years of age but cannot exceed 10 years after the alleged malpractice occurred.
- Mental Incapacity: New York does not impose a statute of limitations on individuals who are deemed mentally incapacitated. The two-and-a-half-year statute begins from the date when the person is determined to be legally competent.
- Wrongful Death: In the unfortunate event that the alleged act of negligence or omission leads to wrongful death, the family of the deceased has a timeframe of two years from the date of death to initiate a wrongful death claim.
If you find yourself having to deal with the intricacies of medical malpractice laws on top of your recovery, it’s crucial to seek help from an experienced New York medical malpractice lawyer. An experienced attorney can help you understand the specific details and time limitations that apply to your situation. Reach out to Kucher Law Group to schedule a free consultation today.
| Statute of Limitations on Medical Malpractice | Description |
|---|---|
| Discovery of a Foreign Body | One year from the date of discovery or when the facts are reasonably discovered to file a claim regarding foreign objects left inside the body. |
| Negligent Cancer Diagnosis | Two and a half years from the awareness of negligence or the last treatment for claims involving negligent cancer diagnosis. However, “Lavern’s Law” allows a seven-year timeframe. |
| Minors | The statute of limitations is extended until the minor reaches 18 years of age, but it should not exceed 10 years after the malpractice occurred. |
| Mental Incapacity | There is no statute of limitations for mentally incapacitated individuals. Two and a half years from the date of legal competence for filing claims. |
| Wrongful Death | Two years from the date of death to initiate wrongful death claims due to alleged negligence or omission. |
What Should You Do If You Fall Victim To Medical Malpractice?
Many times people who suffered a personal injury at the healthcare facility do not recognize it as medical malpractice. That’s why it’s crucial to bring your case to a top-rated medical malpractice lawyer.
In many cases, be it a personal injury in general or medical malpractice in particular, the lawyers of the party causing the injury will try to settle the case. They might go as far as stating that a simple mistake happened and no one is to be blamed.
But malpractice is not just an innocent mistake but a form of negligence. An experienced medical malpractice attorney would be able to advise what type of information needs to be gathered to make sure your rights are protected.
If you believe that the healthcare provider’s negligence or carelessness harmed you or your loved ones, reach out to Kucher Law Group today. Our team of New York medical malpractice attorneys and personal injury lawyers can help. Contact now: (929) 274-8000.
