Medical Malpractice
Standard of Care
To be held liable in medical malpractice suits, a doctor or facility must not only cause injury, but also the injury must result from not following the Standard of Care. A Standard of Care holds a doctor or health care provider to a duty of acting as would a reasonable and prudent person with the same or similar skills and knowledge under similar circumstances.
Some Important Elements
In investigating a case, it is important to determine potential liability, as well as the extent of damages. Even if liability is clear, damages must also exist.
Statute of Limitations
There is a statute of limitations on all medical malpractice suits. This is a time limit for filing a medical malpractice lawsuit. The timeframe is different state by state. In New York, any medical malpractice action must be brought within two and a half years. The limit begins on the day you are injured or on the day you discovered your injury.