According to the National Practitioner Data Bank, there have been 7,275 reported cases of medical malpractice across the U.S. in 2023. Of all these cases, 865 were filed in New York – the state with the highest reported rates of medical malpractice. These NY-based malpractices amounted to about $416.23 million. In 2023, the average compensation for medical malpractice in New York was around $481,191.
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Examples of Medical Malpractice
Medical malpractice refers to any wrongful action/inaction that causes harm to a patient. Such malpractices can occur at any point within your treatment (diagnosis, medication, testing, surgery, etc.). Any patient who has been harmed due to the negligence of their healthcare provider is eligible for legal compensation.
Some examples of common medical malpractice cases in New York include:
- Cancer Misdiagnosis (or other life-threatening diseases)
- Surgical errors
- Medication errors
- Birth Injuries
- Improper Patient Education/Consent
- Prescribing Wrong Medical Exams
- Discharging a Patient Prematurely
- Failing to Prescribe Follow-up Exams
- Wrongful Administration of Anesthesia
- Hospital-Acquired Infections
In a nutshell, medical malpractice occurs when doctors and medical facilities fail to uphold standard care practices – allowing diseases to progress or creating medical problems for patients. If you have experienced any form of medical malpractice, seek legal advice immediately, for the New York Statute of Limitations could be drawn differently from case to case.
Understanding the Standard of Care
The term “Standard of Care” refers to generally accepted best practices within the medical field. These practices are based on guidelines, research, community concession, or other – evolving as new knowledge and better technology emerge. These practices are tailored for every patient and take an individual’s history, symptoms, and capacity into consideration.
In medical malpractice claims, outsider opinions from medical professionals are needed to define the standard of care.
Establishing a Medical Malpractice Claim
Extensive investigation and evaluation are needed to establish a malpractice claim. Through the help of your chosen legal counsel, you can request any document that is relevant to your case. Do note that pieces of evidence are only admissible if legally acquired by your lawyer. With these relevant documents at hand, your team can properly establish these key elements:
| Duty of Care – Was there an appropriate doctor-patient relationship? |
| Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities? |
| Causation – Did your doctor’s mistakes directly cause you suffering/injury? |
| Damages – What did these mistakes cost you (medically, financially, emotionally, etc.)? |
In medical malpractice cases, lawyers should work with medical experts when evaluating your case. Doing so would further strengthen the foundations of your claim. For this reason, it is important to work with seasoned malpractice lawyers who have established long-term relationships with the most credible medical experts.
Accounting Damages for Compensation
Apart from establishing your claim, your lawyer must also account for all damages incurred from your doctor’s negligence. These damages account for both economic and non-economic losses that directly stem from your medical decline. These considerations include (but are not limited to):
Economic Considerations
- Past Medical Expenses (including testing, medication, surgery, transportation, check-ups, assistive devices, hospice care, rehabilitation, etc.)
- Future Medical Expenses
- Loss of Income (due to the inability to work)
- Lost Benefits
Non-economic Consideration
- Pain, Suffering, and Emotional Distress
- Reduced Life Expectancy
- Loss of Enjoyment (no longer being able to partake in long-term hobbies)
- Disfigurement/Physical Impairment
- Ruined Family Relationships
Be fully transparent with your legal counsel when accounting for these damages. It is always better to enumerate as many damages/losses as you can.
Filing a Medical Malpractice Claim in New York
After the initial investigation and evaluation, your lawyer will inform you regarding the strength of your claim. If your team is determined to pursue legal action, here are some general steps you would need to take:
- Send a Notice to the Defendant
Providing the defendant with an “Intent to Sue” is legally required. This lets them know that further legal action will be taken against them. This allows your healthcare provider/s to make necessary legal preparations.
- Officially File the Claim
At this point, your team drafts and submits the initial complaint to the respective court. This initial complaint indicates the allegations against the defendants, as well as the damages that require compensation.
- Serve the Defendant
Copies of the initial complaint and official court summons are provided to the defendants’ team. This is their notification that a legal case was filed against them.
- Discovery Stage
Both opposing teams extensively exchange documents (written questions, document requests, sworn depositions, expert disclosures, etc.). This step is necessary and allows both parties to prepare for trial.
After the discovery stage, lawyers often begin to discuss settlements. Fortunately, up to 90% of all cases related to medical malpractice end in out-of-court settlements. Defendants opt for this route for various reasons such as the uncertainty of verdicts; negative publicity; and minimized legal expenses, among many other reasons.
Speak to a Lawyer about your Medical Malpractice Claim
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a no-obligation, free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
