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Your Legal Rights After a Health Crisis

November 10, 2016 R

When someone experiences a health crisis or medical injury, they often do not consider the possibility of medical malpractice at the time. No one wants to imagine the worst case scenario when you or loved one experiences an unanticipated outcome after a medical treatment, but it is important to know that time is of the essence. The problem is that if you suffer a life-altering health injury as a result of medical errors, there is a limited time to recover for the financial burdens, and physical pain and suffering you are experiencing. As months pass, the statute of limitations– that is, the period of time one has to file a claim to prove that medical negligence occurred—may run out, and families are left in difficult, and permanent debilitating situations, without being able to pursue justice and seek appropriate compensation. The time limits for filing a claim—statutes of limitations—are decided by each state and vary greatly by incident.

In New York, there are different time limits for when a lawsuit must be filed, based upon the type of health problem, and the entity that caused the avoidable medical error. And, lawsuit time limits are different on if the patient died or is living, and what type of health care provider it was: an individual, a government employee, a private hospital, a municipal hospital, or a state-run facility. It is important to know that once the statute of limitations has expired, no matter how serious the medical injury, a lawsuit cannot be brought. Experienced medical negligence New York-based attorneys can consult with you on your particular situation to access and research if your injury occurred within the state time limit, and if medical treatment truly did not follow the standard of care that the medical profession has set.

It is important to consult legal counsel as soon as possible so that your rights are protected.

At Pegalis & Erickson, we focus on helping those who experience medical errors to investigate if seeking compensation is possible. Please give us a call at (516) 684-2900 or visit our website to learn how we can help.