How Do Medical Malpractice Lawsuits Work in New York?



Medical malpractice lawsuits represent an important part of the legal system. Without these checks and balances, irresponsible and negligent medical professionals would have free rein to treat their patients with no care whatsoever. They would be free from any real consequences, and many innocent people would suffer. Thankfully, anyone who suffers at the hands of a negligent medical professional can hold them accountable in a court of law.


If you have been the victim of medical malpractice, it makes sense to seek help from a legal professional as soon as possible. A qualified, experienced personal injury attorney can make sure justice is served. You should also seek out a personal injury attorney in New York who is specifically experienced with medical malpractice lawsuits. Medical malpractice can be difficult to prove, and that is why it is so important to get help from the best lawyer you can find.


New York Has No Damage Caps


While all states follow the same basic formula when approaching medical malpractice lawsuits, there are some unique aspects of New York’s medical malpractice laws. While other states may put a damage cap on the amount of compensation plaintiffs can receive, New York has no caps. This means that there is no limit to how much money you can win in a New York medical malpractice lawsuit.


You Can Gather More Evidence in New York


In New York, peer review PI information is not protected in medical malpractice lawsuits. This means that you and your attorney can potentially collect more important evidence in preparation for your lawsuit. Peer review PI information is essentially a collection of internal information at a hospital that covers areas in which doctors and healthcare systems can improve. Other states have banned the use of peer review PI information in medical malpractice lawsuits.


New York’s Statute of Limitations


The statute of limitations is essentially a time limit. In New York, the statute of limitations for medical malpractice lawsuits is two and a half years. For foreign bodies, you only have one year in which to file your lawsuit. Minors may file medical malpractice lawsuits within two and a half years of reaching adulthood.


New York Does Not Require Screening Panels


A number of other states require that your lawsuit must be heard by a screening panel before going to trial. In New York, you will not have to deal with a screening panel. The only requirement is that your attorney consults with a physician before initiating a lawsuit.


There Are No Minimum Qualifications for Expert Witnesses


In New York, there are no minimum qualifications for expert witnesses testifying in medical malpractice lawsuits. Many other states require expert witnesses to hold minimum qualifications before testifying.


Enlist the Help of a Qualified Attorney Today


If you have suffered at the hands of a negligent doctor or surgeon, there is no need to simply accept this act of recklessness without taking action. Coordinate with a skilled, experienced personal injury attorney, and you will have the opportunity to seek a significant settlement to cover a range of both economic and non-economic damages. In New York, it is not uncommon for plaintiffs to win settlements of $60 million or more. Reach out to The Glassman Law Group today, and we can help you hold these negligent doctors accountable.

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