Medical Malpractice

Medical Malpractice Statute of Limitations

When a medical practitioner commits an error that has grave consequences on your health, the resulting injuries aren’t always immediate. In certain situations, the symptoms take time to present themselves. By that point, the damage may have already been done — your health and safety may have been compromised. That doesn’t mean your doctor’s medical negligence should be ignored and left unpenalized.

The statute of limitations for medical malpractice cases in New York is two-and-a-half years from the time of the injury. As soon as you, the victim, realize your injuries are a result of medical neglect, your first step should be to contact an experienced New York medical malpractice lawyer to file a claim. The burden of proof lies on you, the plaintiff, so your attorney at law must work quickly to gather all the evidence and data required to win your case.

Every medical lawsuit must cover three essential factors to be considered a strong case: 

• Violation of the Standard of Care: New York law acknowledges that certain medical standards must be met by those who are employed in a medical profession. Patients have a reasonable expectation of being treated in a manner that is consistent with the standard of care. Deviating from the standard of care, whether intentionally or otherwise, is considered unlawful, and leads to doctor malpractice and neglect. 
• Proof of Causation: Medical negligence is only recognized if it causes unjust medical injuries to the victim. The plaintiff must prove that in the absence of negligence, they would not have sustained the resulting injury. It is up to the plaintiff and their medical malpractice attorney to consult with an expert physician and obtain a certificate of merit that there is reasonable ground for the commencement of the lawsuit. 
• The Extent of the Injury: Medical lawsuits are costly and time-consuming for all parties involved. As a result, pursuing a medical malpractice case may not be a suitable choice if the victim only suffered minimal injuries that had no impact on health, income, or their future in general. 

With medical malpractice cases being difficult to prove, you need an attorney who is dedicated to seeking the justice you deserve. Anthony Makarov will fight tirelessly against the opposition to obtain fair compensation.