The Law Offices of Michael E. Talassazan – Medical Malpractice
To bring a medical malpractice claim in New York, a plaintiff must first show that his or her doctor or other medical provider violated the standard of care while administering medical treatment. Treatment includes the broad spectrum of possible medical procedures like correct diagnosis, the application of anesthesia, surgery, prescribing medication, etc. The standard of care constitutes of the accepted practices and procedures that are used by healthcare professionals in the same area for diagnosing and treating patients with a specific disease or disorder. This medical standard of care may change depending on the disease in question, the patient’s age and overall health, and other factors that may be relevant to treatment.
Additionally, a plaintiff must be able to prove that the violation of the standard of care directly contributed to his or her injuries to prevail in a medical malpractice claim. The plaintiff’s burden of proof means the plaintiff will have to show in court that the medical professional’s actions caused the injuries. Winning a case often requires the use of outside medical experts to testify on the plaintiff’s behalf.
The Law Offices of Michael E. Talassazan located in Forest Hills, New York that can help you with your medical malpractice suit. We offer our clients experienced, compassionate, and client-centered legal services and will help you find a solution that fits your individual case.
Medical Malpractice Claims in New York
New York statute sets time limitations on how long a patient has to file a lawsuit against a medical practitioner for violating the duty of care. Patients have up to two and a half years from the date of the procedure that caused the patients’ injuries or within a year of when the injury was discovered. An injured patient may not bring a claim more than four years after the date of the treatment that caused the injuries.
At times, malpractice claims involve a surgical error where a foreign object is left inside a patient during surgery. For these types of cases, the injured patient has up to one year after the discovery of the foreign object to bring a malpractice claim in court.
When the injured party is a minor, a claim may be brought for malpractice up to three years from the minor’s eighteenth birthday. The alleged malpractice must have taken place within the last decade for such a claim to move forward.
Medical malpractice cases involve devastating injury to the plaintiff and her family. The Law Offices of Michael E. Talassazan has experienced litigators, and we will fight for your legal rights. Our goal is to protect your legal interests and make sure that you are compensated fairly for your pain and suffering. We are ready to serve clients in New York, including Manhattan, Brooklyn, Queens, Staten Island, Bronx, Long Island, Nassau, and Suffolk. We handle medical malpractice cases with the experience and knowledge necessary to achieve favorable results. We also provide a free, initial consultation, and may be reached by email (firstname.lastname@example.org) or by phone at (917) 768-1155.