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Understanding a medical malpractice lawsuit in new york

When it comes to finding a doctor or surgeon, the utmost medical professionals are generally a top priority. Most New Yorkers who have already chosen physicians in the area understand the importance of honesty and full disclosure of necessary medical information. Unfortunately, not all professionals maintain a reliable practice. What options do patients have during these difficult situations?

U.S. News shared in January that New York had passed a bill that would make considerable changes to the state's medical malpractice laws. Under this proposed law, patients would be able to sue doctors even years after an incident. Known as "Lavern's Law," the bill would modify the statute of limitations for suing a doctor for a cancer misdiagnosis by allowing up to 2.5 years after the time at which a patient first discovers the medical mistake. Currently, New York's statute of limitations for such lawsuits is 15 months after the point of misdiagnosis.

For those wading through the sea of stress that a medical error can create, knowing the ins and outs of medical malpractice lawsuits can make all the difference. The New York City Bar outlines the state's laws surrounding medical malpractice, sharing that the most common forms include birth injuries, improper treatment and prescription errors. As for taking legal action, the Bar notes that patients must prove that they were under a physician's care, that the physician failed to perform their duties as a doctor and that, as a result, the patient suffered an injury or illness. The Bar also shares that most malpractice cases will involve a healthcare professional who has expert knowledge on the topic of the case. Lastly, the state encourages patients to always save medical documents, even when they do not seem crucial to the situation.      

   

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