New York has a number of laws regarding medical malpractice.
Medical malpractice lawsuits arise when a medical professional is negligent in treating or diagnosing a patient. Cases can include failing to diagnose or misdiagnosing a medical condition or neglecting to inform a patient of the risks involved with a treatment method. Medical malpractice laws vary by state.
Statute of Limitations
In New York, a patient has a limited time frame in which to file a medical malpractice suit, though it differs based on the type of case. Generally, it is within 30 days of the action leading to the filing. If a foreign object is discovered in the body, the patient must file within a year of the date the object should have been discovered. Cases involving minor children must be filed within three years of the minor's 18th birthday and not more than 10 years from the original act.
Vicarious Liability
Cases filed against a doctor because of the actions of someone else working in the office are called vicarious liability cases. In New York, a hospital is not liable for the acts of non-employee members of the staff, such as a temporary worker. But, in some cases, the hospital may be liable for the acts of independent contractors. This could include actions of emergency room physicians who are supplied by a staffing agency, since the hospital oversees independent contractors and considers them employees of the hospital.
Expert Testimony
New York requires that the trial phase of a medical malpractice case include expert testimony. Within 90 days of the original case filing, the claimant must file a certificate indicating that the attorney on the case has either consulted with an expert in the case or that such a consultation could not be arranged. The expert witness is generally not deposed prior to the trial and the identity of the witness does not have to be disclosed before trial; however, the expected testimony and experience of the witness must be disclosed.
Tags: hospital liable, hospital liable acts, independent contractors, liable acts, Medical malpractice, medical malpractice
