Law Offices of David A. Kapelman, P.C.

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Law Offices of David A. Kapelman, P.C.

What Are The Medical Malpractice Laws In New York State?

Medical malpractice is medical negligence. It’s a medical provider’s departure from the normal standards of care.

Medical malpractice claims are very, very difficult claims to win because they require expert testimony. In New York, to even bring a case, you need an affidavit from an expert called the Certificate of Merit. In this certificate the medical professional will testify to the following:

  • That he or she is an expert;
  • That he or she is or was a physician licensed in the State of New York;
  • Based on a review of your records, the expert finds that there was malpractice.

Who Is A Medical Malpractice Claim Brought Against?

A medical malpractice claim could be brought against:

  • A medical provider
  • A hospital
  • Medical providers at a hospital
  • A physical therapist
  • And more…

What Evidence Will Help My Case If Evidence Or Proof Is Limited?

In every medical malpractice case, you need a medical record to establish what was done and to see if there was a departure from the standard of care. You need that just to start – then, experts need to evaluate these medical records to testify and provide their expert opinion.

Can I Still File A Medical Malpractice Claim If I’ve Signed A Medical Consent Form?

You can still file a medical malpractice claim even after you have signed a medical consent form. The fact that you’ve consented to someone treating you doesn’t mean that you’ve consented to malpractice.

In some cases, there’s an issue of what’s called Informed Consent: whether or not the patient was told about the procedure and the known complications…

In that case, if it’s clear that the patient knew about the complications, then that would not allow that patient to file a medical malpractice case as the patient was warned. However, this wouldn’t preclude recovery that was unrelated to whether or not the patient knew what the procedure was and the known complications.

What Damages Are Available To The Injured Party In A Medical Malpractice Claim? Is There A Cap On Settlement Amount In New Hill?

The kinds of damages that you can receive for a medical malpractice claim include:

  • Past & Future Medical Treatment
  • Lost Earnings
  • Loss Of Services
  • Pain & Suffering
  • Loss Of Enjoyment Of Life
  • And more…

Additionally, there’s no cap on compensation in medical malpractice claims. However, the courts

sometimes reduce the compensation available in verdicts because they feel that the verdict is not in keeping with what the recovery should have been.

With the guidance of a skilled attorney for Medical Malpractice Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Medical Malpractice Law in New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 563-2010 today.

David A. Kapelman, Esq.

Call For A Free Consultation
(212) 563-2010

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