Medical Malpractice FAQs

Why should I file a medical malpractice lawsuit?

If you or a loved one has been the victim of medical malpractice, filing suit is extremely important for several reasons.

First, you may have significant costs from your injury that may last a lifetime. A successful malpractice claim can result in a significant sum of financial compensation to help pay for the treatment and corrective surgeries that you may need as a result of the malpractice, as well as lost wages, pain and suffering, and other losses.

Second, you may never know whether you have a claim unless you seek the opinion of experts who can determine whether the actions of the doctors, anesthesiologists, hospital or nurses constituted malpractice.

Lastly, your claim may bring to light similar instances of malpractice or wrongdoing that could benefit others in the future.

For more information on medical malpractice claims, please contact us at the Law Office of Cohen & Jaffe, LLP. Our legal services begin with a consultation about your case that we provide at no charge whatsoever and with no strings attached. If we determine that we can help you, you still will have no obligation to retain us for any further work.

I signed a consent form. Can I still sue for malpractice?

Yes, most likely. Commonly used consent-to-treatment forms are generally used to memorialize the fact that you are consenting to treatment, not the physician’s malpractice. If a form for consent to treatment contains a clause barring a lawsuit for medical malpractice, it would be unenforceable as being against public policy. You can still bring suit against those who have committed malpractice even if you signed a consent form for treatment or the release of information.

What are the most common medical malpractice claims?

Research has found that the most common medical malpractice claims are for a missed diagnosis of cancer, heart attack, appendicitis, ectopic pregnancy and bone fractures. After missed diagnosis errors, the next most common claims for medical malpractice involve drug or medication errors. However, there are many, many other types of malpractice that may give rise to a valid claim for compensation.

When must I file suit for malpractice?

There is no clear-cut answer to this often asked question. In New York, the rule of thumb is that you must bring an action for medical malpractice within thirty months (2 ½ years) from the date the suspected malpractice occurred, or from the end of some continuous treatment that was delivered to you. There are other circumstances, such as childhood injury from malpractice, which allows minors to sue three years past the date they become 18 years of age, but the action cannot begin more than 10 years after the date of malpractice or the last day of treatment being rendered.

The best advice is to speak with a qualified medical malpractice lawyer as soon as possible to avoid being time-barred

How can I tell if I should sue for malpractice?

If you believe you have been injured in some way by the negligence of a doctor or other medical provider, you should immediately seek the legal advice of an experienced, skilled medical malpractice attorney like those at the Law Office of Cohen & Jaffe, LLP.

In some cases, a poor result from a medical procedure is not malpractice. But if you did have a poor result or have suffered from some new injury as a result of a medical treatment or procedure, it is certainly a good idea to have your case reviewed by a lawyer who practices in the field of medical malpractice to determine if you may have a valid claim.

As there are time limits during which you can legally file suit for malpractice, the sooner your case is reviewed by a skilled lawyer with extensive experience in the field, the sooner you can preserve your rights if you do have a claim.