Medical Malpractice Lawyer NYC Representing Victims Of Medical Negligence in New York
When you or your loved one suffers from injury or harm caused by a medical professional, it can be difficult to know whether the health problem was caused by medical malpractice or just bad luck. In many cases, people are reluctant to pursue action against a doctor for this reason.
Medical malpractice is a serious matter with a particular legal standard. It is not something you should ignore or try to settle on your own. New York Medical Malpractice cases can be complicated, so it is better to have a Medical Malpractice Lawyer NYC evaluate your case sooner than later.(“Why You Need An Attorney If You Think You Have Been A Victim Of Medical Malpractice”)
What Constitutes Medical Malpractice?
In any civil action seeking recovery for a tort (a wrongful act that may have a civil liability claim), a plaintiff needs to show four elements to be successful. These are:
- Duty of Care: Someone must have had owed the plaintiff a certain duty of care in a situation.
- Breach of Duty: That duty must have been breached in some way – through neglect, recklessness, or some other breach.
- Causation: A plaintiff must prove that the defendant was, in fact, the cause of the situation at hand.
- Harm or Injury: The plaintiff must show that he or she suffered some sort of damages – physical or financial.
A medical malpractice plaintiff must prove these four elements and one additional important one: that the doctor or facility deviated from the accepted standard of care expected of a medical professional.
New York Law Places Strict Time Limitations on Malpractice Actions
New York law gives people 30 months to file a medical malpractice claim. The clock on this period begins to run either within two years of the alleged malpractice or when you received the last treatment during a continuous period of treatment for the illness, injury, or condition from which the alleged malpractice occurred. (“Medical Malpractice Statute Of Limitations New York“)
Importantly, the discovery rule provides an exception to this standard deadline in cases where a malpractice victim could not have reasonably known that malpractice had occurred. This exception applies only to cases in which a foreign object was left in patient’s body. In these cases, a claim must be filed within one year of the date of discovery of the foreign object or within one year of the discovery of facts that would reasonably lead to discovery of the foreign object, whichever is earlier.
Don’t Delay To Speak To A Medical Malpractice Lawyer
An experienced Medical Malpractice Lawyer NY can help you evaluate your potential medical malpractice claim. Because of New York’s strict statute of limitation on medical malpractice claims, time is of the essence.
Don’t wait. Contact the Medical Malpractice Lawyer of The Rybak Firm, PLLC today if you believe there is a chance you have been the victim of medical malpractice. Call us at (718)307-5554, for a free and confidential consultation.
Medical Malpractice Lawyers Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Medical Malpractice Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Brooklyn, NY 11235