Medical malpractice cases are among the most difficult to prove. It takes a New York medical malpractice attorney with a massive amount of medical knowledge, access to medical experts, and financial resources to build a compelling case and successfully handle the case.
The Of Counsel designation between Gersowitz Libo & Korek, P.C. and Tarbet & Lester, PLLC is a legal team with the resources and skills necessary to try challenging complex medical malpractice cases. We will aggressively fight for patients whose lives have been forever changed by a healthcare provider’s negligence.
Types of Medical Malpractice Cases We Handle
Mistakes happen in every line of work. But when a medical professional makes mistakes, the resulting injuries can be detrimental and even fatal. Unlike most personal injury claims, defendants in medical malpractice cases do not easily and quickly admit mistakes. It takes good lawyering by your medical malpractice attorney to successfully hold negligent medical providers liable and get you the monetary compensation that you deserve.
Our legal team handles different types of medical malpractice claim, including:
- Anesthesia error
- Birth injuries
- Cerebral & Erb’s Palsy
- Brain damage
- Cancer misdiagnosis
- Diagnostic error
- Nursing home abuse
- Surgical error
- Ophthalmological error
Our legal team is familiar with the obstacles and challenges that medical malpractice claims present. Our experience, knowledge and access to resources help us successfully settle or litigate malpractice cases for our injured clients.
Statute of Limitations in New York Medical Malpractice Claims
Just like any other injury claim, you only have a certain period of time to file a medical malpractice claim. The New York statute of limitations for timely filing these claims is generally 2.5 years from the end of treatment. In certain cases, such as those involving claims against a municipality or the government, the time frame to file a medical malpractice claim may be even shorter.
Below are some exceptions to the New York statute of limitation for filing a medical malpractice claim.
- Cases involving minor victims: Minor medical malpractice victims have 10 years to file a claim. However, the statute of limitation will start running as soon as the minor reaches 18 years of age. This allows only 6 months after the victim’s 20th birthday to file a claim.
- Cases involving victims receiving continuous medical treatments: The statute of limitations may be extended after the end of treatment for patients who are receiving continuous medical treatment.
- Cases involving medical errors due to foreign objects: If a patient is injured due to the failure to remove a foreign object during a surgical procedure, he or she will have up to one year from the date of discovery to file a medical malpractice lawsuit.
- Cases involving wrongful death: A surviving family member of a patient who died due to the negligent acts of a medical professional will have 2 years from the date of death to file a wrongful death claim.
To protect your legal rights and ability to timely file a medical malpractice claim, it is important to consult with an experienced New York medical malpractice attorney as soon as you discover the possibility of an injury.
Call Us Today
The Of Counsel designation of Gersowitz Libo & Korek, P.C. and Tarbet & Lester, PLLC is committed to representing individuals who have become the victim of some form of negligence at the hands of medical professionals. We believe in fighting hard to make sure that our injured clients get the fair compensation they need to live full and happy lives after their injury. For more information or to schedule a complimentary consultation, please call (631) 907-3500.