Every year, the number of people in the United States that die from medical malpractice increases. According to the Journal of the American Medical Association, malpractice deaths are now the third leading cause of death in the nation. Patients may not even be aware of when malpractice has occurred, as doctors tend to cover up errors and medical negligence by telling patients they have encountered "complications." In truth, inadequate treatment, misdiagnosis, and other medical errors occur all too often, leading to serious and life-threatening consequences for patients.
Sometimes, a patient might suspect a medical professional of negligence or malpractice, but find themselves at a dead end because they cannot necessarily prove the connection. Because of how complex and scientific medical care is, cases must be approached by experienced attorneys who understand the types of medical errors that can occur, and exactly how they lead to illness or injury.
An experienced medical malpractice attorney has the resources to thoroughly investigate each claim, gathering the evidence and testimonies necessary to build an airtight case.Types of Medical Malpractice
Medical malpractice is a broad term, encompassing many different levels and types of medical error or negligence.
Some of the more common examples of malpractice include:
Prescription errors
Surgical errors
Birth injuries
Misdiagnosis
Late diagnosis or failure to diagnose
It's important to remember that there is inherent risk in any medical procedure or treatment.
Just because a surgery goes wrong does not necessarily mean a physician made an error or is guilty of medical negligence. Treatments are never guaranteed, and adverse reactions can occur even when every possible precaution has been taken.Statute of Limitations for Medical Malpractice Claims
If you suspect a medical professional of malpractice or negligence, you have a limited timeframe – called a Statute of Limitations – during which you can file a claim. Failure to file paperwork with the courts within the timeframe prescribed by the Statute will prevent you from pursuing a lawsuit, no matter how strong your case is.
The period of time you have to file a lawsuit varies from state to state. In New York, a patient is generally allowed two-and-a-half years from the date of the negligent incident, or from the last day of treatment, to file a case. However, if the medical malpractice took place at a municipal hospital or county hospital, a claim must be filed within 90 days and a lawsuit must be started within a year and 90 days.
Because of these time limits, you should consult with an experienced medical malpractice attorney as soon as you suspect you may have a case. The earlier you begin your investigation, the more time your attorney will have to identify witnesses and gather relevant evidence, building the strongest case they can to present in court.
For more information on medical malpractice in NY, or to schedule a free consultation, please visit the website of Silberstein, Awad & Miklos, PC.