You may believe that your injuries and damages were a direct result of a doctor’s, nurse’s, or healthcare provider’s negligence. But at the same time, you may be worried that you were partially to blame, as well. With this, you may be unsure as to whether you can still attempt to recover your damages in a legal action. Follow along to find out how comparative negligence law might apply to your claim and how a proficient New York City medical malpractice attorney at Mark L. Bodner, P.C. can help work on your legal strategy.
How does comparative negligence law work in a medical malpractice claim?
Notably, New York State is one of the 13 states that abides by pure comparative negligence law. This law holds that you may pursue legal action regardless of how much percentage of fault you held in the incident. In other words, you may attempt to recover damages from a negligent party even if you were a majority to blame for the accident’s occurrence. However, your recovery may be reduced based on the percentage of fault you are found to have.
To use the specific example of your medical malpractice claim, say that the New York court finds you to be 75 percent responsible and the defendant (i.e., doctor, nurse, or healthcare provider) to be 25 percent responsible for the accident. Well, the court may still rule that you are entitled to recover 25 percent of the damages that you originally claimed. This means that you may receive financial compensation for 25 percent of your past and future medical bills; additional hospital visits and medical testing; corrective surgery; assistive medical equipment; lost wages and lost earning capacity; or otherwise.
What claims might a defendant make to reduce my damages?
You must understand the defendant and their attorney will do everything in their power to reduce the damages you can recover. That is, they may make great efforts to prove any of the following arguments as true:
- The defendant may argue that you failed to fully or accurately disclose your medical history before a procedure.
- The defendant may argue that you failed to follow the required treatment plan after a procedure.
- The defendant may argue that you held an assumption of risk for a certain procedure and gave your consent anyway.
- The defendant may argue that there was no causal relationship between your illness/injury and their acts of care.
So, to effectively deny their claims, you must provide a sufficient amount of evidence that proves otherwise. Overall, you must build a strong legal strategy.
Regarding your medical malpractice claim, there is no time like the present to get started. So please call a talented New York City medical malpractice attorney from Mark L. Bodner, P.C. today.