Yes, most likely. Commonly used consent-to-treatment forms are generally meant 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.
Medical Negligence Laws in New York
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Medical malpractice cases can be difficult. They usually involve complex and highly technical medical matters. They require thorough analysis of volumes of patient records by medical experts. There is a high standard of proof to show that the care provider was negligent. The level of harm to the patient and the likelihood of a successful claim must be high enough to justify the expense of preparing and filing a lawsuit.
The technical nature of medical malpractice lawsuits makes case preparation a lengthy process. But, New York places a statute of limitations – or time limit – on medical malpractice lawsuits. In most cases, a malpractice claim must be filed within two and a half years after the medical error or omission in question, or from the end of a continuous treatment during which the alleged error or omission took place. A claim alleging a surgical error involving foreign objects left in a patient’s body must be filed within a year after its discovery. A wrongful death lawsuit must be brought within two years from the date of death.
Because of the high burden of proof, medical malpractice lawsuits are not settled out of court as readily as other types of personal injury claims. In addition to being able to prepare a convincing case, your medical malpractice lawyer must be prepared to take your case to court.
How the Medical Malpractice Lawyers at Cohen & Jaffe can Help You
The Law Office of Cohen & Jaffe, LLP, on Long Island pursues medical malpractice cases in Nassau County, Suffolk County, Queens and throughout the NYC metro area. Our legal team works with distinguished medical experts to review cases, select the viable ones and meticulously prepare lawsuits. When we move forward on a case, we do so with full confidence that the claim is just, our client is deserving of compensation and we can demonstrate these facts.
Insurance companies may offer a settlement when a case is particularly strong. Our job is to make sure that you are compensated fairly for the short-term hardships and long-term impact of your medical injuries or your family member’s wrongful death. If the insurance company will not settle for a fair amount, we are prepared to take your case all the way to trial.
Common Questions About Medical Malpractice
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.
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 30 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 30 months 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. If the claim is against a municipality, you have to file a notice of claim within 90 days regardless of age.
The best advice is to speak with a qualified medical malpractice lawyer as soon as possible to avoid being time-barred.
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.
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.
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, nurses or other providers constituted malpractice.
Lastly, your claim may bring to light similar instances of malpractice or wrongdoing that could benefit others in the future.
Think You may Have a Medical Malpractice Claim? Talk to a Long Island Medical Malpractice Lawyer Today
It costs you nothing to have your potential lawsuit evaluated by the medical malpractice attorneys at the Law Office of Cohen & Jaffe, LLP. We invite you to tell us exactly what happened to you so that we can determine if your medical malpractice case has merit.
For a free claim evaluation and consultation, call our experienced attorneys now or fill out our online contact form. We will respond promptly. We can arrange evening and weekend appointments, and we can come to you.