Are New York Medical Malpractice Cases Easy to Win?

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New York sees hundreds of medical malpractice cases every year. It’s not uncommon for New Yorkers to receive substandard care from doctors, nurses, hospitals, and other medical facilities.

If a medical provider has failed in their duty of care towards you, then you can bring a personal injury case against them just like you could against anyone else who harmed you through their own negligence. 

Why Winning Malpractice Cases Is Harder

Medical malpractice cases are some of the most complex personal injury cases you’ll ever deal with.

In a car accident, or a slip and fall case, the fact that you sustained an injury, harm, or death is a material part of the case. In a medical malpractice case, an averse outcome, even death, is not necessarily enough to prove that a problem existed. 

Medicine is not magic, and it can’t always save a patient or create the outcome a patient wants even when a doctor is applying all of their best efforts to the case. 

Medical malpractice cases are evaluated by determining whether the medical professional met the “standard of care.” The standard of care is defined by the care that a similar professional would have given in the same circumstances. The word “reasonable” leaves a lot of opportunities for the defense to make an argument.

Some of these standards are outlined by the New York Department of Health.

What is my medical malpractice case worth?

Your medical malpractice case will include compensation for any money that you spent while attempting to correct the damage done. For example, if a surgeon leaves a surgical sponge in your body you’d be compensated for the cost to have the sponge removed, for antibodies you had to take, for psychological care you needed if the event traumatized you, and for other expenses arising from the event. You would not be compensated for the original condition. 

If you had to take time off of work to take care of the damage you can also be compensated for lost wages.

Other amounts will vary. You can be compensated for pain and suffering but this will come down to the negotiation skills of your attorney. If the damage done was exceptionally serious to the point where you’ll need years of future care or will be unable to work as a result, we can get you compensated for that damage as well.

Your case may also be a rare one that is eligible for punitive damages. For example, if a doctor was high on drugs while they performed surgery on you then you’d have a good argument for punitive damages. 

If your loved one died as a result of the malpractice, then you could have a valid wrongful death claim. 

You have just two years to file a claim, so don’t wait. In addition, some medical malpractice cases are actually product liability cases, and some may be class action suits waiting to happen. 

If you think you might have a medical malpractice case, reach out to RLF to schedule a case review today.

See also:

Who Can Collect Damages in a Class Action Case? 

Steps New York Residents Should Take When Injured By Defective Products

When Should a Class Action Lawsuit Be Filed?  

 

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    SCOTT B. RICHMAN, ESQ.

    Mr. Richman is the Managing Member and Founder of Richman Law Firm PLLC. In his role as Managing Member, Mr. Richman oversees the day-to-day operations of the firm and handles the litigation of the most complex legal matters across a vast array of practice areas and disciplines. ​

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