What are the Medical Malpractice Laws in the state of New York?

Jun 18, 2021

The medical malpractice laws in New York can be complicated and confusing. It is essential to know your rights as a patient to have the knowledge needed to protect yourself.

What is Medical Malpractice?

Medical malpractice is a claim made by an injured patient against their doctor for the failure to provide appropriate medical care. Many times, it can be challenging to prove in court that actual negligence occurred. To succeed with your case, you must show how the medical practitioner’s actions fell below what was expected of them as a professional.

Different Kinds of Medical Malpractice

The two different types of medical malpractice are: “attempted” and “completed.”

Attempted malpractices occur when a doctor misbehaves or fails to act but does not cause any harm.

Completed malpractices happen when a doctor’s actions cause damage to the patient.

Sometimes these errors are caused by negligence. Negligence manifests in many ways, like leaving objects inside a person after a procedure, glossing over something that turned out to be fatal, or prescribing the wrong medication after a sloppy examination.

Understanding the Statute of Limitations in New York

For a person to seek remedy for personal injury Brooklyn residents should file their court claims within two and half years of discovering the damage. Some cases have a shorter time limit, and others vary based on the amount of ongoing care needed, and those time limits all change based on whether the victim is a minor.

What Should You Do?

The best thing to do is to work with a qualified personal injury lawyer Brooklyn residents are urged to reach out to a personal injury lawyer that has experience with medical malpractice cases.

Contact Your Trusted Personal Injury Lawyer Brooklyn NY

We at Levitsky Law Firm in Brooklyn hope never to see one of our community members suffer from medical malpractice issues, but if you are, we stand ready to help you. Please do not hesitate to contact us for a free consultation.