Medical Malpractice New York
The law is complicated. Knowing your rights under New York’s Medical Malpractice Law is important if you had a stroke. In NY, what should you do when your stroke is misdiagnosed or you are made to wait before being treated?
Medical Malpractice New York. The Laws Protect Doctors
NY medical malpractice laws give special breaks to doctors. NY medical malpractice laws gives special breaks to hospitals. You only have two and half years to sue a doctor or hospital for medical malpractice. You only have two and a half years to sue for stroke misdiagnosis. If you were to sue any other person in New York for their negligence, you have three years. Why does NY law protect negligent doctors and hospitals?
Medical Malpractice New York. Lawyers Make Less Money
New York Medical Malpractice laws try and persuade lawyers not to take stroke misdiagnosis cases. The New York law tries to persuade New York medical malpractice lawyers to reject stroke misdiagnosis cases by lowering our fees in lawsuits against hospitals and doctors. Instead of a one-third contingency fee, lawyers make less money on stroke misdiagnosis cases. Under NY law, the contingency fee for stroke misdiagnosis cases are less than non-medical malpractice cases.
Medical Malpractice New York. Lawyers Have More Hoops to Jump Through
In New York, a lawyer cannot simply file a lawsuit against a doctor or hospital. The lawyer cannot make the decision to proceed. Instead, NY medical malpractice lawyers must pay money to have a doctor review the case and confirm what the experienced lawyer already knows. NY medical malpractice lawyers must pay for and get a doctor’s certificate before a stroke misdiagnosis case can be started.
Medical Malpractice New York. New Patient Law Killed.
Last week, New York legislators protected doctors and hospitals again. In Albany, New York the state legislature killed a bill that was intended to protect citizens against medical malpractice. The bill was called that “Lavern’s Law.” The patient’s law was sponsored by the majority of the senate. It was endorsed by the governor. But, the Patient’s Law was never brought for a final vote.
The medical malpractice bill was named for Lavern Wilkinson of Brooklyn, New York. The bill was introduced after Lavern’s treatable form of lung cancer went untreated. The doctors at Kings County Hospital in Brooklyn, New York failed to tell Laverne that she had a mass located on an x-ray.
There are many reported instances of medical malpractice at Kings County Hospital.
Three years after the medical malpractice, Lavern died.
Lavern’s daughter was unable to sue for her mother’s needless death. A medical malpractice case couldn’t be started against the hospital because New York medical malpractice law only provides two and a half years to sue. ,
New York hospitals that keep their mistakes hidden for two and half years, escape responsibility. That’s not justice.
If you or someone you know has suffered a stroke, know what you need to look for at your hospital and with you doctors. If you are at risk for a stroke, keep your loved ones informed about who will speak for you if you can no longer speak.
Treatment for a stroke needs to be administered immediately. The sooner you receive treatment, the sooner you can slow down or even halt the damaging effects. What is paramount in dealing with a stroke is prompt and accurate diagnosis and effective early treatment.
Stroke misdiagnosis is too common. Hospitals too often discharge patients without recognizing the signs and symptoms of stroke.
If you suffered a stroke, you may have a case.