When receiving treatment at a hospital, you expect that the doctors and other health professionals employed by the hospital will provide you with the care you deserve. However, some medical practitioners may commit negligence when treating a patient, which could cause the patient to suffer a serious injury. If you or a family member was the victim of medical malpractice, contact an experienced New York City medical malpractice lawyer today. At Sullivan & Galleshaw, we recognize how a serious injury could affect your life, and we are here for you. Our firm is here to explain how to sue a hospital in the State of New York.
When is a Hospital Liable for Patient Injuries in NYC?
Medical practitioners employed by a hospital are expected to provide patients with an adequate level of care to treat their illnesses and other conditions. This applies to doctors, nurses, and other health professionals that may be involved in the treatment of a patient. Unfortunately, some patients are subjected to inadequate care from medical practitioners that failed to keep the patient’s best interests at heart.
When a medical practitioner employed by a hospital causes a patient to suffer an injury, the hospital can be held liable for the negligent actions of their employee due to the doctrine of vicarious liability. When an employee commits a negligent act and injures a person while working within the scope of their employment, the liability for the negligent act can be imputed to the employer via the doctrine of vicarious liability. This means that a claimant can hold a negligent medical practitioner and the hospital that employs them liable for medical malpractice.
Note, however, that every type of issue related to medical treatment may not be sufficient to pursue a medical malpractice lawsuit. This means that medical practitioners are not required to provide a patient with flawless medical care. For example, if a surgeon performs a successful surgery on a patient, but the patient experiences more pain after the surgery than they anticipated, this is not a viable reason to sue for medical malpractice.
To have a valid claim for medical malpractice, the medical practitioner must have provided care to a patient that fell well below the common standard of care that is typical in that medical field. For example, a surgeon leaving a medical instrument inside of a patient cannot be considered a successful surgery and would be grounds to file a lawsuit against the surgeon and the hospital that employs them.
Additionally, it is important to learn whether a doctor that committed malpractice was hired by a hospital as an employee or an independent contractor. To avoid liability for the negligent actions of an employee, a hospital may hire a doctor as an independent contractor and claim they cannot be held liable for their actions because the hospital does not have complete control over the daily tasks of that doctor. An experienced attorney can help you determine whether a hospital can be held liable for the actions of a doctor hired as an independent contractor.
To learn more about filing a malpractice claim against a hospital, you should continue reading and speak with an experienced medical malpractice lawyer.
Filing Deadline for NYC Medical Malpractice Lawsuits Against a Hospital
When filing a medical malpractice lawsuit against a hospital or medical practitioner, you should be aware that you do not have an unlimited amount of time to pursue your case. This is because the statute of limitations provides that a claimant must file their case within a certain timeframe or risk having the court bar their claim.
In New York, the statute of limitations for a medical malpractice lawsuit is 2.5 years from the date of the malpractice. However, there are some exceptions to this rule. For example, if a patient had a medical instrument left inside their body after the surgery, the statute of limitations for their claim would not begin to run until they knew or should have known about the instrument. Under these circumstances, a claimant would have one year after discovering the instrument to file their claim with the court.
As mentioned, a claimant risks the possibility to fight for compensation for their injury if they fail to file their claim on time. Specifically, a defendant can request that the court dismiss the medical malpractice claim because it was not timely filed.
Despite having a 2.5-year filing deadline, there are many reasons that a plaintiff should pursue their case as soon as possible. For instance, an attorney would have more time to build your case if they were not under a strict deadline to file the claim.
Contact Our Experienced NYC Hospital Negligence Lawyers to Discuss Your Claim
If you or a family member was injured due to the negligence of a doctor, contact an experienced New York City personal injury lawyer. With decades of combined legal experience, the legal team at Sullivan & Galleshaw, LLP, we are dedicated to providing our clients with the legal representation that they deserve. To schedule a free case evaluation, contact Sullivan & Galleshaw, LLP at (718) 843-0300. You can also contact the firm online.