Generally, in order to bring a successful medical malpractice action you must show that a medical care provider failed to "exercise that degree of care [and use of best judgement] that a reasonably prudent doctor [of a particular specialty] would exercise under the same conditions." PJI 2:150 This means that simply because a procedure was unsuccessful or did not result as desired, does not automatically give rise to a winning medical malpractice action. A patient claiming medical malpractice must also suffer an injury that is a result of the malpractice.
In the event your current treating medical care provider, if different than the one you are making the allegations against, tells you that a procedure, diagnosis or treatment was not correct and as a result you suffered an injury, it is an indication that there may be a viable action.
Additionally, New York law provides for very specific time periods in which to commence a law suit against a medical care provider: The general law states the following:
NY CLS CPLR §§ 214-a (2002): "An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness..."
If your matter occurred after the expiration of the time period stated above, your matter would be time-barred, meaning you would be unable to successfully commence any cause of action against the medical care provider.
In the event your current treating medical care provider, if different than the one you are making the allegations against, tells you that a procedure, diagnosis or treatment was not correct and as a result you suffered an injury, it is an indication that there may be a viable action.
Intake Department
Return to the New York main page.
| 