Statutes of limitations for wrongful death vary from state to state, and while New York state laws allow two years for such claims to be filed, other states could allow less or more time. As with most laws, exceptions exist. On Feb. 15, 2014, Angelo Henderson, an award-winning journalist, died from venous thromboembolism. A wrongful death lawsuit, alleging medical malpractice, was recently filed in another state on behalf of his family. The defendants include the medical facility and the surgeon who was involved in his treatment.
It is not uncommon for someone in New York or elsewhere to be in worse health after medical treatment than before. When this happens, it is only natural to want to hold the doctor or other health care provider accountable for damages. However, medical malpractice is a complicated field of the law, and it might be sensible to seek legal counsel from the onset.
What are the legal options for people who have suffered severe health damages as the result of the negligent conduct of medical professionals? Each year, thousands of people nationwide, including New York, pursue claims for financial relief to cover damages caused by medical malpractice. However, unfavorable outcomes do not necessarily constitute viable medical malpractice lawsuits, and the patient must prove four legal elements.
Most New Yorkers trust doctors with their lives because of their extensive training and the Hippocratic Oath physicians must take. Unfortunately, that trust is sometimes misplaced and keeps many people from asking questions or expressing their concerns about medical procedures or treatment. The medical malpractice claim that followed the death of an American icon underscores the importance of patients being fully informed of their choices and the potential outcomes of proposed surgical procedures.
The civil courts of New York deal with all kinds of personal injury claims, many of them involving allegations of surgical negligence. Not everybody realizes that they are entitled to get answers to their questions before undergoing scheduled surgical procedures. Medical malpractice claims might be avoided if patients ask the right questions and understand the risks they face.
A New York couple struggled for years to become pregnant. After seeing an online advertisement for a fertility clinic in another state, they invested $100,000 in its services. Doctors were to use the embryos of the couple for the treatment. However, the clinic is now facing a medical malpractice lawsuit that was filed by the couple who claims that the wife gave birth to twins that are of a different race.
Anyone in New York dealing with health issues would naturally expect medical care and the treatment environment to be safe. Many medical malpractice lawsuits follow adverse and serious reportable incidents that are also known as never events. According to the National Quality Forum, the list of serious reportable events includes drug errors, device and surgical errors, environmental and care errors, and even criminal events. These are all errors that put patients in medical facilities at risk of harm that could also be fatal.
A New York family is struggling to deal with the tragic death of a teenager. The family indicated they intend to file a medical malpractice claim against the SUNY Downstate Medical Center. They claim the medical facility's negligence led to the 15-year-old's death.
The last thing any New Yorker who needs medical treatment would want is being misdiagnosed by a doctor. However, as two recent studies and several in the past decade found, a significant percentage of medical malpractice claims against physicians involved misdiagnosis. Analysis of claims showed that the failure to assess the entire clinical picture by analyzing all of the available information appears to be the primary cause of diagnostic errors. This includes the patient's medical history, the symptoms he or she reported, the physical examination and all test results.
Anyone who feels ill enough to go to the doctor will naturally expect the physician to diagnose the condition accurately and provide the necessary treatment. Unfortunately, the number of medical malpractice claims that go through the New York civil courts indicate that many conditions are misdiagnosed. When this happens, complications can develop, often severe enough to lead to disabilities or death.