The medical malpractice law in New York mandates that an action for personal injury must be filed within two-and-a-half years from the date the cause of action accrues. Over 90% of medical malpractice cases are settled out of court. It’s easy to understand why: money.
The average court settlement for medical malpractice is about $425,000; the average jury award tops $1 million. Most of the time, it’s a lot cheaper to settle. In general, medical malpractice is defined as when a medical provider breaches, or violates, the standard of care, which then results in injury to a patient. The standard of care is the generally accepted method of care a doctor or other healthcare professional should administer to a patient afflicted with a specific condition.
This standard of care will vary depending on a number of factors, including the patient’s age and his specific ailment. In addition to showing that a doctor breached his standard of care, you will have to prove that this breach directly caused your injury. Oftentimes to prove this you and your attorney will have to rely on the insight of a medical expert witness.
Malpractice refers to professional misconduct or unreasonable lack of skill. Medical malpractice lawyers at MacKay Berube PLLC litigate lawsuits based on the negligent conduct of doctors, nurses, dentists, therapists, technicians, and other medical professionals and healthcare providers.
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