Received Substandard Care? Your Story Matters
It is currently estimated that one third of the deaths in the US are due to medical errors. That may sound unbelievable but a recent John Hopkins study found that and estimated 250,000 people die each year due to medical errors. This surpasses respiratory disease which according to the CDC kills close to 150,000 people per year. The point being, substandard care by doctors and hospital staff happens way too often and Sobo & Sobo wants to help.
If you have been injured due to what you believe to be a doctor’s misconduct or an error in on the part of a hospital or its staff, you may have cause to file a medical malpractice claim. While the details vary from state to state, the general definition of medical malpractice is when a medical provider violates the standard of care and an injury to a patient is the result.
Proving Medical Malpractice Occurred
Filing a medical malpractice lawsuit can be tricky. There are two main things that you need to prove and both are equally important.
First, you need prove that a malpractice level mistake happened. Doctors are after all human so you will need to prove that the error was outside the standard of care. If you were injured and the healthcare professional did not perform the generally accepted method of care for your condition taking into consideration factors such as your age, you may have a case.
Second you need to prove that some type of serious injury was caused by the mistake. Not only do you have to show that a doctor or hospital staff member breached the standard of care, you also have to prove that this error directly caused your injury.
Time Limits On Medical Malpractice Claims
One of the places that medical malpractice law varies from state to state is on the statute of limitations. Each state sets its own time limits on how long a patient can wait before filing a claim. In New York you have up to two-and-a-half years to file a medical malpractice claim. This means that if you have a medical procedure, are seriously injured and the doctor or hospital did not provide the proper standard of care, you have only two-and-a-half years to contact an attorney and file a claim. There are a few exceptions such as:
- If the facility where the error occurs is state run, the statute of limitation is less, you only have 90 days to file a claim.
- If you fall under the Discovery Rule, when a foreign object was left in your body, you have one year after the object was discovered even if the surgery occurred outside the statute of limitations.
- If you were a child when the medical error occurred, under most circumstances, the time limit clock does not start running until you turn 18.
- If the medical error occurred as part of an ongoing course of treatment then the time clock doesn’t begin until the course of treatment ends.
Filing a medical malpractice suit can be an overwhelming and time consuming process. The strict burden of proof and the time limits set in New York State make it all the more important to contact an experienced attorney. You need Sobo & Sobo. If you or a loved one has experienced a serious injury at the hands of a doctor or a member of a hospital staff, we can help.
Help for Medical Malpractice Victims
If you live in and around New York’s Hudson Valley and have been seriously injured as a result of receiving substandard care by a doctor or hospital staff, we would like to hear your story. The complex nature of medical malpractice claims can be difficult to understand especially when you or a loved one is suffering with the after effects of physical or emotional pain. The Law Offices of Sobo & Sobo offer initial consultations at no charge and there are never any fees unless we are able to attain compensation on your behalf so you have nothing to lose by calling 855-GOT-SOBO. We have offices conveniently located in Middletown, Newburgh, Pine Bush, Rockland County, Warwick, Poughkeepsie, Kingston and New York City however if you are too injured to make it into one of our offices, we will come to you. If it’s time to take the next step toward Winning Together, give Sobo & Sobo a call today.
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