MEDICAL MALPRACTICE – THE THIRD LEADING CAUSE OF DEATH IN THE UNITED STATES TODAY!
Recent studies have indicated that somewhere between 250,000 and 440,000 Americans
die each year as a result of medical malpractice.
While almost all medical care providers work hard to avoid making mistakes in the
treatment of their patients, it is simply a fact of life that physicians are human as well, and do sometimes make mistakes in their treatment.
While medical errors are estimated to be the third leading cause of death of all Americans, only a small percentage of these cases are ever pursued, as a result of several reasons:
1. People like and respect doctors, and are reticent about bringing a claim against
2. The issues involved in medical malpractice are sometimes quite complicated,
and the family may not even be aware that malpractice occurred;
3. People do not have enough knowledge as to how to proceed with a medical
In New York State, the Statute of Limitations on any medical malpractice claim is generally 2 ½ years after the date of the malpractice, although it should be noted that if the malpractice resulted in death, the Statute of Limitations on the wrongful death cause of action in New York is only 2 years.
As a result, it is imperative that medical malpractice cases be investigated as soon as
possible in order to determine whether a case can be brought. Medical malpractice cases, as you might expect, are considered some of the most difficult cases to pursue, particularly in New York State, where physicians have some added protections
to help insulate them from such lawsuits.
Before any medical malpractice case can be begun in New York State, it is necessary to retain an expert in order to review the facts of the case, as well as all medical records, and render an opinion confirming that malpractice did occur. Without having an opinion confirming the malpractice, New York State law does not allow the case to be sued against a doctor, in most circumstances. As a result, preparing such a case to be placed into suit takes significantly longer, and is much more complicated, than most other personal injury cases in New York State. All of the medical care records, both before and after the alleged malpractice, will need to be obtained, and then forwarded to an expert review service in order to receive confirmation regarding whether the expert agrees that malpractice occurred.
If you suspect that you, or a loved one, have been injured as a result of negligence on the part of a medical care provider, you should contact one of the attorneys at the LoTempio P.C. Law Group in order to discuss the possibility of pursuing the claim.
All such medical malpractice cases are taken on a contingency fee basis, and therefore,
there is no cost or obligation in sitting down with one of our attorneys to discuss the facts of your case. Should it be determined that it is worth exploring the possibility of medical malpractice, you may then speak to discuss the necessary steps in having an expert review done in the case.
Please feel free to contact us at any time to discuss any such potential claim at (716) 855-3761.