Medical Malpractice Statute of Limitations in New York

Artistic depiction of medical malpractice

Your surgeon operated on the wrong leg. A nurse left a surgical tool inside your body during surgery. Your doctor failed to diagnose your cancer.

These are all examples of medical malpractice. Medical malpractice is still a common occurrence in today’s society, despite technological advances. In fact, it is believed that as many as 440,000 people die from medical malpractice every year. This makes medical malpractice an epidemic as huge as heart disease and cancer.

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New York City Lead Regulations

Lead paint has been an issue with homes for many years. It has been known to cause physical and mental issues, especially in children. Lead paint was banned from use in homes and other residences in 1960. Given that this was nearly 60 years ago, you would think that this would no longer be a concern, but it is. There are tens of millions of homes that still contain lead paint because landlords have failed to update them with safer paint.

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How Pain and Suffering is Calculated in Medical Malpractice Cases

A frustrated doctor facing medical malpractice claims

Medical malpractice happens quite often. Medical mistakes lead to injuries, medical bills and often intense pain and suffering. While it’s easy to determine your economic damages, finding out how much money you can receive for pain and suffering is a bit more complicated.

Pain and suffering is often limited by caps on non-economic damages. Caps tend to apply to medical malpractice cases. While many states have damage caps under $500,000, New York is one of more than a dozen states that has no cap on any types of damages. This means you could receive millions of dollars for your pain and suffering, depending on the severity of your injuries.

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5 Common Types of Malpractice in an Emergency Room

A team of doctors operating on a patient in an emergency room

Medical malpractice is one of the leading causes of death. Mistakes made by medical staff account for 250,000 deaths every year. Medical malpractice can happen in a doctor’s office, hospital or other venue. Many cases happen in a hospital, particularly in an emergency room.

Emergency rooms are very stressful. When a patient is in the emergency room, time is of the essence. Minutes, even seconds, matter. Doctors often must make quick decisions and sometimes their decisions are not the right ones. Patients often end up getting very sick or even dying.

In an emergency room, medical malpractice can come in many forms. Here are five of the most common types of hospital negligence claims.

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Misdiagnosis of Cancer Statistics and Scenarios

Male doctor speaking to female patient

You cannot receive the medical treatment you need for your condition if the condition is not diagnosed correctly. When a condition is diagnosed as another specific condition, you can receive treatment for the assumed condition, which can at best, be useless and at worst, be harmful while your actual condition goes untreated. This can be as bad as having your condition diagnosed much later than it should have been, which is another scenario that can put you in a position where your condition becomes worse and worse as it goes untreated.

When a delayed or wrong diagnosis could have been prevented if the doctor or another medical professional had taken greater care, the patient can file a medical malpractice claim to seek compensation for his or her damages. One specific type of medical malpractice claim is a cancer misdiagnosis claim.

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NYC Trick or Treating Safety Tips

Halloween is quickly approaching. Many children look forward to this day all year long as they plan their costumes and trick or treating routes in order to yield the most (and best) candy. October 31, however, often ends in tragedy for many children and their families.

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Medical Malpractice Involving the Elderly

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UPDATE: In September 2016, The Center for Medicare and Medicaid Services (CMS) ruled in favor of improving the care, safety, and consumer protections for long-term care facility residents that participate in Medicare and Medicaid programs. 

What Do These CMS Regulations Mean for Nursing Home Patients?

The goals of these improvements were to reduce unnecessary hospital readmissions and infections that result from improper care of the elderly, doctor error, and overall negligence when treating patients of the long-term care facilities. As the first comprehensive rules applied to long-term care facilities since 1991, these regulations seek to change the quality of care of the elderly in nursing homes, as well as increase safety measures in place for patients.

These Changes to Nursing Home Care Include:

  1. Prohibiting the use of pre-dispute binding arbitration agreements by nursing homes when making decisions about their residents
  2. Mandating that staff members at facilities are properly trained to care for residents with dementia
  3. Holding facilities liable for not appropriately staffing their nursing homes to cut costs and save money.
  4. Bettering the criteria for discharging patients to ensure that unhealthy patients or elderly unable to care for themselves are being discharged unjustly
  5. Requiring the presence of an infection prevention and control officer and antibiotic stewardship program that includes new protocols to monitor antibiotic administration and use.

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The elderly are some of the most vulnerable residents in New York and throughout the country. The fragile health condition of elderly patients and the position of power that hospitals and nursing homes have over their patients leave elderly patients susceptible to abuse and medical malpractice. As a result, the elderly are often victims of medical malpractice in hospitals or nursing homes.

Woman Brings $6 Million Medical Malpractice Case Against Hospital and Nursing Home

A recent complaint filed by a nursing home patient in Gloversville identifies some dangers of not receiving proper medical care and treatment. A Gloversville woman recently filed a medical malpractice lawsuit against the Nathan Littauer Hospital Association and the Fulton Center for Rehabilitation and Healthcare.

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New York City Construction Boom Will Lead to Increase in Accidents and Injuries

Updated July 2017: In 2014, we posted this blog discussing an article from the New York Daily News where we addressed the boom in construction in New York City, and how this huge increase in construction projects will most likely lead to more workplace accidents.

Three years later we look back at the effects of the construction boom with these questions in mind: Was the foreshadowing true? Have more workers suffered accidents due to the construction boom?

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Construction Company Held Liable After Workers’ Death

In May 2017, the State Supreme Court in Brooklyn issued an official indictment regarding the 2015 building collapse that resulted in an 18-year-old worker’s death and injury to two others. The court charged the owner of the construction company that employed the victim with numerous offenses, including reckless endangerment. Allegedly, the owner ignored complaints he received about a poorly maintained retaining wall at one of his work sites.

When construction companies fail to properly train their workers, maintain their sites and equipment, and enforce safety regulations, construction accidents can occur and potentially injure and kill workers. All workers have the right to a safe work environment and training in language they can understand, including undocumented workers.

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Medical Malpractice Claims for Prescription Errors

Acts of medical negligence can take many forms. Performing surgery on the wrong site in the body, leaving surgical equipment in a patient after surgery is complete, errors involving the patient’s medication, failing to obtain the patient’s consent to a procedure, and making a diagnosis without ordering the necessary tests or thoroughly examining the patient’s medical history alongside his or her symptoms can all lead to injuries and worsened conditions. This is grounds for a medical malpractice claim, a type of personal injury claim through which an injured patient can seek compensation for his or her damages following an act of medical negligence.

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