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Medical professionals are supposed to help their patients, not harm them. However, medical professionals may act negligently in diagnosing or treating their patients which could result in catastrophic injuries or fatalities. Healthcare professionals have a responsibility to uphold a certain duty of care for their patients. Victims are rightfully entitled to recover damages, however, there may be limits to the amount they are awarded. If you or someone you care about has been injured due to a negligent medical professional, contact one of our experienced and trusted Buffalo Medical Malpractice Lawyers. Our firm can help you recover fair compensation for your losses.
How can victims of medical malpractice fulfill the burden of proof?
When a victim pursues legal action against a medical professional for medical malpractice, they must fulfill the burden of proof. In New York, fulfilling the burden of proof in a medical malpractice claim is difficult. Fulfilling the burden of proof includes:
- Victims must prove they were a patient of the medical professional
- Victims must prove that the medical professional that injured them owed them a duty of care
- Victims must prove that the medical professional committed a negligent act that breached that duty of care (if they prescribed a line of treatment that an otherwise competent doctor would not have)
- Victims must prove that the medical professional’s negligent breach of duty of care directly inflicted their injuries
Does New York cap the amount a victim can recover in damages?
In several states, there is a cap on the amount victims of medical malpractice can recover in damages. Certain states cap the amount of non-economic damages a victim can recover. Non-economic damages are subjective (pain and suffering, loss of enjoyment of life, consortium, etc.). However, in New York, there is no cap on the amount an injured individual can recover in economic and non-economic damages. There is no set limit to the amount victims can recover for injuries sustained by another person’s negligence.
How long do victims have to pursue legal action?
In New York, the statute of limitations for a medical malpractice claim is 2.5 years. Typically, injured individuals have three years to file a lawsuit against a negligent party. However, medical malpractice claims have significantly different requirements than other personal injury cases. Victims of medical malpractice must file a claim within this period or they will be barred from ever doing so in the future. Victims should act quickly to ensure they do not miss the deadline as they will then lose any opportunity to recover damages.
If a negligent medical professional has injured you, don’t hesitate to contact a skilled and determined member of our team who can help you file a claim within the right timeframe. Our firm is committed to helping our clients recover financial compensation for their damages and holding negligent parties accountable for their careless actions that caused you harm.
