If you, the patient, have been harmed or injured due to faulty medical practices, then you certainly have the right to pursue a medical malpractice case against the negligent parties.
If you, the patient, have been harmed or injured due to faulty medical practices, then you certainly have the right to pursue a medical malpractice case against the negligent parties.
However, every US state has some limits imposed on medical malpractice claims, awarded damages, insurance coverage, and permissible testimony to ensure that the case outcomes are fair to all involved parties. If you are about to proceed with a medical malpractice case against a medical facility or a medical practitioner, then you should read this article first.
Limits on Recoverable Damages and Attorney Fees
As the healthcare industry lobby is powerful in US, a lot of the US states have used legislation to make it difficult to bring medical malpractice claims. In many states, the medical practitioners and medical facilities are shielded by “caps” on upper limits of recoverable damages and attorney fees that can be awarded to plaintiffs in malpractice lawsuits. New York State has its own laws on medical malpractice claims.
Statute of Limitations
The “statute of limitations” is the limit imposed on the time period by each US state for filing a medical malpractice case. If the case is not filed within the statute of limitations, then the plaintiff automatically loses all claims. Like most states in the US, New York state also enforces a two-year time limit for filing medical malpractice cases, unless extraordinary circumstances delay the filing of the case.
The Certificate of Merit
Most US states require that the plaintiffs contemplating medical malpractice cases file a certificate of merit, which validates that a certain medical practitioner deviated from the standard medical practice that led to injuries to the plaintiff. For filing the certificate of merit, a plaintiff will have to get all the relevant medical records examined by another field expert (a medical professional in the same field of specialization) and validated that the defendant deviated from standard medical practice.
The plaintiff’s attorney usually files the certificate of merit, which confirms that the plaintiff’s legal action against the defendant has merit. This mechanism is actually another limit imposed on medical malpractice claims.
Insurance Coverage Limits
As most damages awarded to the plaintiff are provided by the defendant’s insurance company, insurance coverage plays a vital role in any medical malpractice case. If you are in a medical malpractice lawsuit as a plaintiff, you or your attorney will certainly deal with the defendant’s insurer to settle the amount of the damages.
The insurance companies in New York usually provide two types of coverage to health practitioners: per-occurrence coverage to cover one claim in a year, and an aggregate coverage to cover the total amount payable for a year. If you plan to file a medical malpractice case against a health practitioner, it may be judicious to consult with the defendant’s insurer to know the per-occurrence because expecting the defendant to pay from his or her pocket is too much to expect! Moreover, state laws impose limits on medical malpractice claims.
A Free Consultation with a Malpractice Attorney is an Essential Step
As it is not easy to pursue a medical malpractice case because of so many limits imposed on medical malpractice claims, it is always better to consult a qualified medical malpractice attorney to gauge the merits or demerits of a particular case before filing a case and certainly before spending any money.
If you or any of your loved ones has suffered due to medical malpractice, contact the highly experienced law firm Rosenberg, Minc, Falkoff & Wolff of RMFW Law at 212-344-1000. Discuss the case and find out about the chances of winning the case, all at no cost to you. The first meeting is free!
RMFW Law at 212-344-1000does not receive one penny until everything is resolved and you settle this case. You are kept informed every step of the way. We look forward to your call and we know how to win cases.
