Medical Malpractice Lawyer Serving the Hudson Valley and Long Island
Whether it is a misdiagnosis, a delayed diagnosis or surgical error, medical malpractice can lead to serious health problems, and oftentimes, death. All of us trust doctors, and while most doctors are skilled, diligent professionals, they are human and do make mistakes. If you or a loved one was the victim of medical malpractice, please call the experienced medical malpractice lawyers at Ingber & Provost. We have over 40 years of combined experience and will aggressively represent you to get you what you deserve.
Facts About Medical Malpractice
The law requires that healthcare professionals such as doctors, nurses, and other professionals, be held to a certain standard when providing you care. That standard is the care that a qualified doctor or healthcare provider would provide in similar circumstances. If the care falls below that standard, the provider may be liable for medical malpractice.
According to a study by the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death, right after heart disease and cancer. This means that medical negligence is much more common than people think. According to a JAMA study, in 2012, over $3 billion dollars for medical malpractice payouts were made, and the frequency was around a payout every 43 minutes. It is estimated that medical negligence kills roughly 200,000 people every year.
Common Types of Medical Malpractice
The more common type of medical malpractice is when a doctor makes a mistake and the mistake causes you harm. For instance, this could be a surgery that was not performed properly or a misdiagnosis when the doctor should have been able to diagnose your illness had he or she followed proper procedures, and your reliance on that misdiagnosis ended up causing you harm.
Another type of case results from a lack of informed consent. Prior to treatment, such as surgery, a doctor or healthcare provider must inform you of possible risks, and if your surgery goes awry and you can prove that the doctor failed to properly inform you of the risks and you would not have gone through with the surgery if you had been informed, you have a medical malpractice claim.
When You Must File
For medical malpractice cases, New York gives you two and a half years from the time of the malpractice to sue. This is called the statute of limitations. For children, the statute of limitations does not start until the child reaches 18, which means that the statute of limitations does not run out until he or she turns 20 and a half years old. If the case involves a foreign object that was left in the body as a result of treatment, the statute of limitations begins to run when the foreign object was discovered. There are exceptions that will change how much time you have to file, so it is important that you call our office and consult our experienced attorneys. If you do not sue within the time allowed, a court will not hear your case, even if it is a strong case.
Who Can File
If you were the victim of medical malpractice, you can file a medical malpractice claim. If the victim passed away as a result of malpractice, the victim’s spouse, parent, child, or dependents can file a wrongful death suit.
The Nature of Medical Malpractice Cases
Medical malpractice cases are generally among the most difficult cases to win. Doctors fight these cases aggressively because they do not want to admit fault. Moreover, insurance companies are now less likely to settle cases, and this drives up the cost of bringing a case to trial. This is why you need qualified attorneys to represent you in your medical malpractice suit.
Call Us Today
If you or a loved one was recently harmed due to medical malpractice, please call the experienced attorneys at Ingber & Provost. We have over 40 years of combined experience and have what it takes to represent you aggressively in your medical malpractice lawsuit. Determining whether you have a medical malpractice case can be a complicated task that requires knowledge and experience. Please call us today at 845-733-2720 for a free consultation so that we can help you evaluate your case.