Medical Malpractice Claims In NY State | What You Need To Know
At Fitzgerald and Roller P.C. we focus our efforts on medical malpractice and medical negligence claims. In the past we’ve touched on a lot of useful information about these types of cases. However, if you aren’t a legal expert you might not know that the laws dealing with malpractice claims can vary depending on where you live.
In this blog we wanted to take a few moments to go over some interesting things you ought to know about medical malpractice in New York state. If you are a New York resident these facts will help you understand more about medical malpractice and when to know if have a case.
Medical Malpractice In New York State
Did you know that New York has the highest percentage of medical malpractice payouts of any other state? Additionally, year after year, New York ranks first in total compensation paid out from malpractice cases; and it’s not all that close. For whatever reason New York state is consistently at the top of this list as its residents seek the compensation they deserve. With these lawsuits being so common, it might aid residents to know a little more about them before they file a claim.
No Cap On Non-Economic Damages For New York State
Medical malpractice compensation is split into two categories. Economic damages cover all quantifiable areas of restitution. This includes financial losses from medical expenses or loss of wages. Pain and suffering, on the other hand, would fall into the non-economic damages category. Many state laws place a limit on how much a plaintiff can claim in this area but New York is one of the few with no cap. This is why it’s important to have an experienced team of malpractice lawyers behind you when you file a claim. With New York averaging the highest payout by state, you’ll want to make sure you’re not leaving any money on the table.
Not Every Patient Injury Qualifies For A Medical Malpractice Case
This is a common misconception but it’s true across all states. When something goes wrong at a healthcare facility, patients often feel entitled to damages. However, the reality is that you don’t automatically have a medical malpractice case because you received an undesirable outcome. Reparations from medical malpractice cases are only ever awarded if you can prove that a doctor’s negligent actions lead to an outcome that should have been avoided. The fact of the matter is, medical procedures carry certain risks and even perfectly following the protocols doesn’t guarantee success.
The Many Types of Medical Malpractice Cases
Another reason medical negligence cases can be difficult to identify is because there are so many different types. Whether it’s a failure to make a timely diagnosis, delivering mistaken prescriptions, or even a botched operation, the criteria for a malpractice claim can be drastically different. Each case represents a unique situation so experience is key. You’ll want to work with seasoned malpractice lawyers who know how to sift through the important details.
