Things Involved In Medical Malpractice Cases

Medical Malpractice

When a doctor or medical service provider is negligent, there may be grounds for a medical malpractice case. In a typical medical malpractice case, a plaintiff files a lawsuit based on the conduct of a healthcare provider or professional, naming either the provider or the provider’s employer as the defendant. The  New York City malpractice attorneys  at Gersowitz, Libo & Korek may be able to help you if you think you have grounds to file a claim.

Medical malpractice suits may be filed either by the patient who directly suffered as a result of negligence, or by the patient’s legal representatives if the patient has died (this is a “wrongful death” lawsuit). There are several tort principles involved in medical malpractice cases, namely,

1) a duty of care owed by the healthcare provider,

2) a breach of duty due to failure to act or an act below the standard of care,

3) harm to the patient caused by the act or failure to act, and 4) damages suffered by the patient.

There are time limits that  personal injury lawyer NYC  will be able to tell you about. A medical malpractice case must be filed within the statute of limitations set by federal and state laws; in the state of New York, plaintiffs generally have two and one-half years from the date of the injury, though there are some exceptions that allow for a longer period if the malpractice is not discovered immediately. If the plaintiff does not file lawsuit within the statute of limitations, the plaintiff may lose the right to bring the case at all.

If you or someone you know has been injured by a healthcare provider, contact  NY medical malpractice lawyer , Gersowitz, Libo & Korek at 1-800-LAW-9997.