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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The Poughkeepsie personal injury lawyers at MacKay Berube Law offices will handle most types of catastrophic injury, wrongful death, vehicle accidents and constructions accident cases for clients in Hudson Valley Supreme and Family Courts, including clients (but not limited to) from the communities of New York’s Dutchess County: Poughkeepsie, Hyde Park, LaGrange, Pleasant Valley, Wappingers Falls, Fishkill, East Fishkill, Hopewell Junction, Clinton, Rhinebeck, Red Hook, Tivoli, Stanford, Milan, Dover, Amenia, Union Vale, Pawling, Pine Plains, Beekman.
We fight because we care about your cause. The Poughkeepsie personal injury lawyers at MacKay Berube Law are very familiar with New York’s Personal Injury related laws and routinely litigate these issues in court. If you or a loved one has been injured don’t hesitate to give us a call for a free initial consultation at
In New York, injury claims against the government are covered by the New York Court of Claims Act. If your injury occurred due to the negligence of an employee or agency of the government, in New York, you’ll need to play by a different set of rules if you want to get compensation for your losses. The first step is usually to file a formal claim with the proper government agency, and give them time to respond.Article II, Section 8 of the Court of Claims Act says that the government “hereby waives its immunity from liability and action” and consents to be sued in court, under the same rules private individuals might use to sue one another.
What does this mean? In short, it means that injured persons may sue the state of New York for negligence, just as they would sue a private party. Section 8 waives the old rule of “sovereign immunity.” Under this rule, which dates back to medieval England, individuals could not sue the king for wrongs, even if they had suffered losses as a result of the king’s actions.
If you want to sue a local government for an injury, you’ll need to follow a rigid set of rules, and you may be limited in terms of when and how much you may recover, here are a few of them:
You have 90 days to file a formal claim against a city in New York, and one year to file a lawsuit against a city. (N.Y. Gen. Mun. Laws § 50-e.)
You also have 90 days to file a formal claim against a county in New York, and one year to file a lawsuit. (N.Y. County Law § 52.)
You have 90 days to file a claim against the state of New York (or notice of intent to file claim if, within the 90 days, you are unable to arrive at a final claim figure, such as if medical treatment is incomplete). (N.Y. Court of Claims Act § 10.)
If you are injured during a automotive accident in the State of New York, your choices to recover compensation may well be restricted. New York is a no-fault automobile insurance state, which implies that once you are injured during a automotive accident, you turn 1st (and typically exclusively) to your own insurance policy to get compensation for your medical bills and certain different economic losses, regardless of who caused the crash.
You can typically only step outside the range of no-fault and file a liability claim (or personal injury lawsuit) against the at-fault driver if your claim meets the “serious injury” threshold in place in new york. which means you’ve experienced any of the subsequent because of the car accident:
- significant disfigurement
- one fracture
- permanent limitation of use of body organ or member
- significant limitation of use of body function or system, or
substantially full incapacity for ninety days.
If your injuries qualify, you’ll be able to hold the at-fault driver liable for the accident, and you’ll be able to pursue compensation for all classes of losses, as well as pain and suffering and other non-economic damages (which are not available during a no-fault claim).
After an accident or injury in New York, you might be wondering which state laws will affect your case. In this article, we’ll provide an overview of a few New York statutes and legal principles that may come into play if you’re taking legal action after an injury – whether via an insurance claim or a personal injury lawsuit.
A personal injury or medical malpractice lawsuit can be very complex. The best success in New York City cases can only be assured through skilled legal representation.
In New York, the statute of limitations for most personal injury cases gives a claimant three years from the date of the injury to go to court and file a lawsuit against those responsible for the underlying accident.
Why is this law important? Basically, if you fail to get to the courthouse before this three-year window closes, the New York court system will likely refuse to hear your case at any time in the future, and your right to compensation will be lost.
Contact the law offices of Serino MacKay and Berube for any case of: Personal Injury, Wrongful Death, Motor Vehicle Accidents, Medical Malpractice, Workplace Injuries, Product Liability And More
For more information on Dutchess County personal injury lawyers please contact our office or online at Poughkeepsie Lawyers website. Our team of highly skilled attorneys have helped New York accident victims recover millions in verdicts and settlements.