New York Presbyterian Brooklyn Methodist Medical Malpractice Lawyer
New York Presbyterian Brooklyn Methodist boasts that Weill Cornell Medicine physicians work at the hospital along with other experienced healthcare workers, to provide high quality care. On their website, the facility boasts that it provides the highest quality of care to its patients. The hospital has nearly 600 beds and in a recent year saw almost 80,000 emergency room visits and more than 30,000 admissions.
Unfortunately, the hospital does not always provide the high standard of care they purport. If you or someone you love has been injured in the facility, you may be able to file a claim for compensation. Below, our New York Presbyterian Brooklyn Methodist medical malpractice lawyer outlines the laws that will apply to your case.
The Statute of Limitations
All personal injury cases in New York are governed by a statute of limitations, and medical malpractice cases are no different. If you are filing a claim against a medical provider or the facility itself, you have just two and a half years to file your claim. If the medical provider’s negligence was part of an ongoing course of treatment, the statute of limitations starts when the treatment is complete.
The law regarding the statute of limitations seems straightforward, but it is not. For example, if a foreign object was left in the body, you can file a lawsuit within one year of discovering the object. While this is just one exception to the statute of limitations, there are others, as well. Still, exceptions to the law are quite limited. It is always recommended that you speak to a medical malpractice lawyer who can advise on whether you have time to file.
The Certificate of Merit Requirement
One of the most important laws governing medical malpractice cases is the certificate of merit requirement. Not all undesirable medical outcomes constitute malpractice. For example, a patient may have surgery to repair a broken leg. If the surgery was successful but the patient required more physiotherapy afterwards than was expected, this is not necessarily malpractice. On the other hand, if surgery was performed and physiotherapy was not recommended or ordered to help the patient build back lost muscle and help them to walk, that could be considered medical negligence.
For this reason, New York law requires all patients to obtain a certificate of merit before filing a claim. A certificate of merit is a statement from a medical provider in a similar field that states they would not have acted in the same way as the negligent healthcare professional, or that they would have taken different action the negligent medical provider did not. A medical malpractice lawyer can consult with medical experts to obtain the certificate of merit to prove your case.
Our New York Presbyterian Brooklyn Methodist Medical Malpractice Lawyer Provides Sound Legal Advice
At Michael Gunzburg, P.C., our New York Presbyterian Brooklyn Methodist medical malpractice lawyer knows the devastation that results from medical negligence and is dedicated to helping patients make things right. Call us today at 212-725-8500 or contact us online to schedule a consultation and to learn more about how we can help.
