Hospital Negligence Injury Laws in New York
In New York, hospital negligence injury laws are governed by medical malpractice laws, which allow patients who have suffered injuries or harm due to medical negligence to seek compensation for their damages. Hospital negligence occurs when a healthcare provider, such as a doctor, nurse, or hospital staff, fails to provide the standard of care expected in a similar situation, resulting in harm to the patient.
Key points related to hospital negligence injury laws in New York include:
Statute of Limitations
There is a statute of limitations in New York that limits the time within which a medical malpractice lawsuit can be filed. Generally, the patient must initiate legal action within two and a half years from the date of the alleged negligence or from when the patient discovered or reasonably should have discovered the injury.
Certificate of Merit
In New York, before filing a medical malpractice lawsuit, the injured party or their attorney must obtain a certificate of merit from a qualified medical expert. This certificate affirms that there is a reasonable basis to believe that the healthcare provider deviated from the accepted standard of care, leading to the injury.
Expert Witness Testimony
Expert witnesses play a crucial role in medical malpractice cases. Their testimony is essential to establish the standard of care, demonstrate the deviation from that standard, and prove that the negligence caused the patient's injuries.
No Cap on Compensatory Damages
New York does not have statutory caps on compensatory damages in medical malpractice cases. This means that injured patients can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and other losses, without a specific monetary limit.
New York follows a pure comparative negligence rule. This means that even if the injured patient is partially responsible for their own injuries, they can still recover damages. With that said, the amount of compensation will be reduced proportionally based on the patient's percentage of fault.
Hospital negligence cases can be complex and challenging, requiring legal representation from skilled and resourceful attorneys specializing in this area of law. If you believe you or a loved one has suffered harm due to hospital negligence in New York, our leading NYC attorney Michael S. Lamonsoff “The Bull,” and our team of New York hospital negligence lawyers will leave no stone unturned to prove liability of all the negligent parties and achieve the largest possible damages for you.