Medical malpractice is a type of personal injury lawsuit in which injury was caused by a medical professional providing care to the plaintiff. Not all negative outcomes after medical treatment are grounds for lawsuits, and these cases are carefully screened by personal injury attorneys. But if the medical professional failed to meet a basic standard of care, they can be held liable for harm inflicted on the patient. In such a case, you and your lawyer can sue the provider for medical costs and other damages.

Basics

A medical malpractice case requires three elements — a medical provider who was providing you treatment, care which does not meet the standards required of a reasonable professional in that situation, and damages caused by the improper care. Your lawyer must prove these elements to pursue a medical malpractice case.

Statute of Limitations

In order to recover damages for medical malpractice, you need to commence an action within a certain amount of time after the treatment takes place. In general, New York requires commencing action within 30 months of the date of the malpractice. However, for ongoing treatment, that deadline can be extended, and is subject to the caselaw. You will need to discuss Statute of Limitation issues based on late discovery of an error with your lawyer.

Attorney's Fees

In New York, there is a cap on compensation an attorney may receive for representing you in a medical malpractice case. The amount depends on the size of your settlement. Speak to your lawyer beforehand about their compensation, and enter into a written Agreement with him/her regarding fees.

If you've suffered from the negligence or incompetence of a health care provider, speak to a lawyer today about your medical malpractice case.

Thomas A. Corletta, Attorney at Law is a trial attorney who provides representation and legal advice to clients throughout the Rochester, NY, area. In his criminal and civil trial practice, attorney Corletta puts over 35 years of experience to work for you. Contact him today at (585) 546-5072 or go online to arrange a consultation.