Medical Malpractice FAQs
How much can I recover for my claim?
Unlike many states, New York does not place a cap on the amount of damages you can recover for the medical malpractice committed on you. You are entitled to recover the full amount of damages that you can prove. This includes present and future medical costs caused by the malpractice, lost wages due to the work you missed or if due to your injuries you can no longer work or earn at the same level, pain and suffering, and other allowable damages. While we can estimate the settlement value of your claim or a potential verdict in your favor following an individual consultation on your case, it is ultimately the jury who decides how much to award, based on the evidence and testimony provided to them.
How long do I have to file a claim?
The statute of limitations in a medical malpractice case can be difficult to pin down. In most instances, New York law requires that a case be filed within 2 1/2 years of the date of injury. This timeline is shorter than other cases of negligence and personal injury, where the victim generally has up to three years to file a claim.
What if I didn’t discover the malpractice until after the statute of limitations has run?
45 states extend the statute of limitations in cases where the malpractice was not discovered at the time it initially occurred. Unfortunately, New York is not one of those states. If a doctor’s exam missed an important diagnosis, such as an early detection of cancer, or if a surgeon left a clamp or sponge inside your body after a surgery, you may not experience complications for months or years after the incident. Yet the results can be life-threatening. In the period following medical treatment, if you experience any pain or discomfort or feel that something may not be right, you should follow-up with your doctor or another doctor as soon as possible, and be sure to contact a medical malpractice lawyer if you suspect malpractice. The only thing worse than being injured by your doctor is if you have to shoulder the additional costs and pain and suffering on your own, while the doctor continues to practice without any accountability.
Can I still sue for malpractice if I signed an informed consent waiver before the procedure?
Doctors are required to obtain your informed consent before performing any procedure, and it is probably malpractice if they fail to do so. Informed consent means that you are made aware of the risks and benefits of the procedure, including potential complications or side effects. While many procedures do contain known or even unknown risks, one thing you are not consenting to is to have the doctor commit malpractice on you through negligence or incompetence. Whether or not a given injury falls within or outside the bounds of informed consent is an important initial question to be researched and analyzed by your attorney. If you have been injured while under medical care in New York City, contact a medical malpractice lawyer at the Law Firm of Leandros A. Vrionedes, P.C. to determine whether or not you have a valid claim for medical malpractice.