Medical Malpractice Law in NYC
Medical malpractice means any negligent or unskilled treatment of a patient by health care providers, such as doctors, nurses, therapists, pharmacist, and other health care professionals that results in injury to the patient. By “vicarious liability,” hospitals and clinics can also be held liable for the negligent acts of their employees. A person who brings a medical malpractice claim has to prove negligence on the part of the health care provider.
The NYC medical malpractice law firm Julien & Schlesinger has been around for more than 75 years. The head of our firm, Stuart Schlesinger, has been more than 40 years experience in NYC malpractice law.
Because of Mr. Schlesinger’s relationships with the medical malpractice insurance industry, he is able to sit down and talk to the insurance adjusters at these companies and have a meaningful conversation with respect to individual client cases.
Why Timing is Important in a Medical Malpractice Claim or Suit
In NYC malpractice law, you have a 2-1/2 year statute of limitations, but if New York City is involved, there is a 90 day notice of claim deadline that the patient intends to file the litigation. The clock starts ticking from the moment that the malpractice happened, so it is vital that patients seek the guidance of a medical malpractice attorney right away.
Medical malpractice is basically negligence performed by a medical provider, whether it’s a hospital or a doctor or a dentist, a change in the laws gives medical malpractice its own statute of limitations, which is shorter than that of negligence cases.
In medical malpractice, the insurance companies will not resolve a lawsuit with the Plaintiff unless the doctor consents to the settlement. This is a major barrier to resolving medical malpractice claims in New York because if the doctor doesn’t want to consent, regardless of how negligent that doctor may have been, then the insurance company cannot settle the case and then that case will go to trial. Slightly more than half of them want to try to fight it, we estimate.
What You Should Do
You might worry that if you go talk to a lawyer right away, it will look like your only interest is to collect money. However, there are strict time limitations in many different circumstances, so the best thing is to always talk to a lawyer so at least you aware of what your time constraints are.
Before you meet with the attorney, bring the following if you have them available:
• Medical records
• Photographs of the injury
• Police report
• Other information that will help explain their injuries and what
When you meet with the lawyer about your medical malpractice case, be as forthcoming as possible. The more information the lawyer has, whether it’s good for the case or bad for the case, the better you can plan the lawsuit.
When to Seek a Medical Malpractice Settlement
We always look to get early settlement if it’s the fair and just compensation for the client, so that the client doesn’t have to go through a whole discovery process. However, if it’s not fair compensation, then we’ll advise the client of that and let them choose whether they want to continue or not. But we always prepare every case as if it’s going to go all the way through to a jury.
NYC Malpractice Case Timeline
Although it is impossible to sketch out precise amounts of time for each step in this process, here is a list of steps that must be completed when a medical malpractice suit goes to court:
• Patient files a complaint
• Defendants will serve and answer. And with that answer, they will
request authorization and a Bill of Particulars
• All parties go to court to set up a discovery schedule with the court
• An independent medical examination is conducted on the patient for
the benefit of the defense
• The case is put on the trial calendar
• The case is tried in court
If you believe you have been a victim of medical malpractice, contact the NYC medical malpractice attorneys Julien & Schlesinger, P.C., or call 1-866-915-3451.
Call the NYC medical malpractice law firms, Julien & Schlesinger, P.C. regarding NYC malpractice law suit, case, and settlements.