What You Need To Know About Using a Hospital In New York
As a hospital patient in New York, you have certain rights the hospital must respect. Here’s everything you need to know about suing a New York hospital.
As a patient in a New York state hospital, you have certain rights and protections through federal and state law. These laws help ensure the quality of care you receive. You have the right to participate in decisions regarding your healthcare and understand the care and treatments you are receiving, and the right to know what is happening with your healthcare. New York state hospitals must have available staff to answer questions and provide information on how to protect your rights.
When is a Hospital Liable?
Medical practitioners in a hospital must provide an adequate level of care to treat their patients. Medical practitioners include doctors, nurses, and other health professionals involved in treating a patient. When a medical practitioner causes a patient to suffer an injury, the hospital employing the medical practitioner may be liable for the negligent actions of the practitioner. A claimant can hold the practitioner and the hospital liable for medical malpractice.
Not every type of issue pertaining to medical treatment may fall under a medical malpractice lawsuit. Medical practitioners are not required to provide perfect medical care. For example, a patient feeling more pain than expected after a successful operation is not grounds to sue for medical malpractice.
To be able to sue for medical malpractice, the practitioner must have provided care below the standard of care typical in the medical field. Actions below the standard of care can be a misdiagnosis or surgical errors resulting in damages. It is important to know if the practitioner responsible for the malpractice is an employee of the hospital or an independent contractor.
Filing a Medical Malpractice Lawsuit Against a New York Hospital
In New York, the statute of limitation to file a medical malpractice lawsuit against a hospital is two and a half years. Exceptions to the statute of limitation to file a medical malpractice lawsuit against a hospital exist. For example, if a patient finds out a medical tool was left in their body after a surgery, the statute of limitations will not start until they know or should have known about it. In this circumstance, the patient would have a year after finding the instrument to file their claim with a court.
The best course of action to take to sue a New York hospital is to speak to an experienced personal injury or medical malpractice attorney. An attorney can help a claimant file with the correct court and gather all the necessary information for the claim.
Related: How to Sue a Hospital in California
The first court filing must contain all of the elements of the case, including information on what happened and how that information relates to the legal aspects of the case. The claim against the hospital must explain how the hospital is responsible for injuries. Linking the case to the actions or inaction of the hospital is a critical portion of the claim. The claim needs to detail all the injuries the claimant sustained. The claim must include the damages the claimant is looking for, or the court will not be able to move forward with the case.